518.227.0071 info@dwellowner.com

Terms

Effective June 1, 2016

This is a legal agreement (the “Agreement”) between you and DwellOwner Inc. (“DwellOwner,”, “DwellOwner.com,” “us”, “our” or “we”). You understand and acknowledge that the Services are provided to you exclusively are under these Terms. By accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification.

 

  • MODIFICATIONS TO THE TERMS
. We may change the Terms from time to time. We will notify you of any such changes via e-mail or by posting the changes or a link to the updated Terms on the DwellOwner home page. If you object to any such changes, your sole recourse will be to stop using the Services. Continued use of the Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification.
  • MODIFICATIONS TO THE SERVICES
. We reserve the right to modify or discontinue (temporarily or permanently) the Services (or any part thereof) with or without notice to you. We shall not be liable to you or any third party if we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Services as so modified.
  • You understand, acknowledge, and agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services if you have breached violated or acted inconsistently with the Terms. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR PASSWORD, ACCOUNT, ACCESS TO, OR USE OF THE SERVICES PURSUANT TO THIS SECTION. You may discontinue your participation in and access to the Services at any time, subject to the other provisions of these Terms.
  • PRIVACY
. As part of the registration process, you will be asked to provide certain personal information to us. All uses of your personal information will be in accordance with the provisions of our Privacy Policy.
  • YOUR ACCOUNT, PASSWORD, AND SECURITY
. You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. We recommend that you memorize this information, and not write it down. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security related to the Services. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
  • YOUR RESPONSIBILITIES
. In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto. You are solely responsible for all acts or omissions that occur under your account or password, including for all Content (as defined below) that you (or anyone using your account) submit, post or transmit through the Services. You agree not to use the Services to do any of the following:
  1. Post images from other websites;
  2. Insert links to other websites;
  3. Use any software or computer code to alter the design, layout, or any other visual elements of any of our web pages;
  4. Use our website to promote or advertise anything except the sale of your single property advertised in our listing service pages;
  5. Collect information (such as name, address, and contact information) about sellers or their properties by any manual or automatic means for any purpose other than to consider making an offer to buy the relevant property;
  6. Violate any local, state, national or international law;
  7. Stalk, harass or harm another individual;
  8. Collect or store personal data about other users;
  9. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  10. Interfere with or disrupt the Services or servers or networks connected to the DwellOwner Website or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to our network; and
  11. Submit, post, store or transmit any (a) Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable; (b) Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (c) Content that infringes the intellectual property rights of a third party; or (d) Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
  • EXTERNAL LINKS
. Our provision of a link to any other Website or location is for your convenience and does not signify our endorsement of such other Website or location or its contents. Any concerns you may have regarding any external link should be directed to that link’s Website administrator or webmaster. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
  • NO SPAM. 
We do not condone or allow spam. We prohibit you from using the Services to promote your own Website or any business, product or service through the sending of unsolicited email. We reserve the right to investigate and terminate your rights under this Agreement.
  • USE AND STORAGE. 
You acknowledge and agree that we may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that information, data, account history or other uploaded Content will be retained by the Services and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.
  • NO RESALE OF SERVICE
. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services. The Services are provided for your personal, noncommercial use only.
  • TERMINATION
. You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. You agree that we may terminate your account if it remains inactive for an extended period of time. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time.
  • DISCLAIMER OF WARRANTIES
. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THE DWELLOWNER WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OR AS THE RESULT OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  • LIMITATION OF LIABILITY
. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DWELLOWNER OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY WAY RELATED TO:
  1. the use or the inability to use the Services;
  2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Services;
  3. unauthorized access to or alteration of your transmissions or data;
  4. statements or conduct of any third party on or through the Services, including threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another’s rights, including intellectual property rights;
  5. your failure to adequately safeguard your password or access to the Services;
  6. any Content you access through the services, including, but not limited to, for any errors or omissions in any Content, or your use of or reliance on any Content posted, emailed or otherwise transmitted through the Services;
  7. termination of your access to or use of the Services as provided herein;
  8. the deletion or failure to store any information or data, communications or Content maintained or transmitted by or through the Services;
  9. any modification, suspension or discontinuance of the Services (or any part thereof) or these terms;
  10. use of or reliance on any Content, goods or services available on any other Websites that you access through the Services; and
  11. any other matter relating to the Services or these Terms.

 

  • EXCLUSIONS AND LIMITATIONS
. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
  • INDEMNIFICATION
. You agree to indemnify, defend and hold harmless DwellOwner and their parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants, and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from (1) any information or Content (as defined below) that you (or anyone using your account) submits, posts or transmits through the Services, (2) your (or anyone using your account’s) use of the Services, (3) your (or anyone using your account’s) violation of these Terms, (4) your (or anyone using your account’s) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the DwellOwner Website or other Services.
  • TRADEMARKS. 
Certain of the names, logos, and other materials displayed on the DwellOwner website constitute our trademarks, trade names, service marks, or logos (Marks) or those of other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
  • COPYRIGHTS; RESTRICTIONS ON USE
. The content of the Services, including without limitation, text, software, music, sound, photos, graphics, video, page layout and design and other material contained in the Services or information presented through the Services by us or its licensors (the Content), is copyrighted by us or our licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by us or our licensors. The Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of DwellOwner and our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

 

  • LICENSE
. You hereby grant us and our successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media now known or currently known, to exercise all copyright and other intellectual property rights with respect the Content you provide to us to be published on the DwellOwner Website or on or through the Services or otherwise through the Services, to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. For example, we may submit your property listing information to other websites to be listed there. If we do that, it is part of the Services. However, if another website rejects the listing for any reason, we have no duty to do anything about it and you have no recourse against us. The foregoing does not apply to Content contained on hyper linked pages or any other Content you do not submit to us.
  • MISCELLANEOUS
. The Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. The Terms and the relationship between you and us will be governed by the laws of the State of New York as applied to agreements made, entered into, and performed entirely in New York by NewYork residents, notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the Services shall be brought in the Federal or state courts having jurisdiction over Saratoga County, New York and you and DwellOwner hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
  • BUYER REBATE PROGRAM.  (A) To participate in the DwellOwner’s buyer rebate program (the “Program”), a buyer must not currently be represented by another licensed real estate professional and buyer must execute a brokerage agreement with DwellOwner or one of their referral partners on terms and conditions satisfactory to DwellOwner. Participation is also limited to buyers able to demonstrate qualification to purchase the desired property by providing proof of funds and/or a pre-qualification letter from a bank satisfactory. (B) For eligible properties, DwellOwner will rebate to the buyer 20% of the buyer’s agent brokerage commission received by DwellOwner or a referral partner at closing. (C) Participation by a buyer in the Program is optional. (D) Payment of rebates under the Program will not be made where prohibited by law. (E) Payment of a rebate under the Program shall be disclosed by buyer to all parties to the transaction, including, without limitation, the seller, any lender and any other real estate broker. (F) For transactions involving a lender, payment of the rebate shall be made via a credit to buyer at closing shown on the HUD-1 or other settlement statement and the amount and acceptability of the rebate is expressly subject to review and approval of buyer’s lender. For “cash” transactions not involving a lender, payment of the rebate may be made by a check to buyer on or after closing or via a credit to buyer at closing shown on the HUD-1, closing disclosure or other settlement statement. (G) Consult your accounting, legal or tax advisors regarding proper treatment of any rebate. (H) DwellOwner reserves the right to modify the terms and conditions of the Program at any time by modifying the DwellOwner’s Terms of Use; however, no such modification shall amend the terms or any existing brokerage agreement between a buyer and DwellOwner unless such modification is required by law.
  • EQUAL HOUSING.  We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.