PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN DWELL.IO AND YOU, WHICH GOVERNS YOUR USE OF THE PLATFORM. YOUR USE OF THE PLATFORM CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE AN INDIVIDUAL WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW.
DWELL.IO provides an online marketplace that facilitates rental property leasing via Background Screening, Income Verification, E-signature/ E-document delivery, and payment of rental application form fees (together the"Services") for landlords and property managers ("Owner") seeking to lease their property ("Property") to rentalapplicants ("Applicant"). Owner and Applicant are both users of the Platform and are referred to collectively as"Users" or "you").
DWELL.IO is not a party to any rental transaction. The Platform does not own or manage the properties listed on the Platform and does not enter into rental contracts for those properties. DWELL.IO makes no representations or warranties whatsoever with respect to Property provided by Owner or requested by Applicant through use of the Platform. AS A RESULT, THE PLATFORM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS BY, BETWEEN OR AMONG USERS, PROPERTY MANAGERS OR OWNERS THROUGH THE PLATFORM.
DWELL.IO does not screen Users, inquire into the background of Users, or attempt to verify information provided by any User. DWELL.IO does not verify or confirm that any User is who they claim to be, or is accurately representing themselves, and does not verify or confirm any representations with respect to the Property provided on the Platform. DWELL.IO does not assume any responsibility for the accuracy or reliability of this information or any information provided on or through the Platform.
You are responsible for how you use the Platform. Any decision by Applicant or by Owner is a decision made in such entity’s sole discretion. IN THE EVENT THAT YOU HAVE A DISPUTE WITH AN OWNER, YOU RELEASE THE PLATFORM FROM ANY CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Income Verification. In order to enable DWELL.IO to provide its Services, Applicant will need to submit to DWELL.IO various sensitive personal financial information. DWELL.IO uses third-party services to process Applicant’s bank credentials, and Applicant’s bank credentials never reside in DWELL.IO. Once Applicant’s bank account is connected to the Platform via a third-party service, then DWELL.IO will collect bank statement Information, and calculate and produce an income and accounts summary for Owner. Owner may then make decisions based in part on such summaries. Applicant hereby authorizes DWELL.IO to retrieve Applicant’s bank statements from his or her financial institution and then provide verification Services to Owner for Owner’s use in connection with assessment of Applicant’s eligibility to rent the Property. Applicant and Owner agree and acknowledge that any limitations on Owner’s use of such financial records and summaries is solely between Applicant and Owner.
E-signature & E-document Delivery. Any rental agreement that you enter into through the Platform are for Properties provided by an Owner or another party other than the Platform. Although the Platform provides Services through which Users may execute rental or lease agreements and enter into binding contracts, the Platform is not involved in, is not liable for, and is not a party to those transactions. The terms of those transactions are determined solely by you and the third-party with whom you are entering into said contract, and not by the Platform. You acknowledge that you will address any issues or concerns with such agreements with said third-parties directly, rather than the Platform. If you choose to use the electronic signature execution functionality of the Platform, then you understand, acknowledge and agree that you have carefully reviewed and agree to the Signing Application Terms
Applicant Application Fees. In order to potentially qualify to rent a Property, Applicant must first create an account and complete a rental application form. In order to submit the application form, the Applicant shall be required to pay an application fee and a security deposit. The application fee and the security deposit are set by the Owner, and not by the Platform. You acknowledge that refund of the security deposit is subject to the type of security deposit that you select from the Platform, your compliance with the terms of the type of deposit that you select, and compliance with Owner’s rental requirements.
Owner Services Fees. In order to use the Service, Owner shall first pay DWELL.IO a fee based on DWELL.IO’s current Owner Service fees, and Owner agrees to comply with such fee’s applicable terms and conditions.
Billing Methods. DWELL.IO will immediately charge the applicable fee amount to your ACH, credit card, debit card, or any other payment method chosen by you. Should the Applicant’s payment method be rejected or payment canceled for any reason whatsoever, the Property offer from the Owner shall not be reserved and will automatically expire. You agree that any amounts charged under this Agreement are mandatory and due and payable immediately.
Secure Transmission. While DWELL.IO takes what we believe to be reasonable efforts to ensure secure transmission of your information to the payment processors, DWELL.IO is not responsible for any fees or charges assessed by the payment processors or any errors in the processing of payments by third parties, or your submission of erroneous payment information. Representations. By providing any payment information through the Platform, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such payment method account(s) or applicable law.
Taxes. Users are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of the Platform.
In order to potentially qualify to rent a Property, Applicant must first create an create an account on thePlatform (an "Account"), Users are granted a limited, personal, non-transferable, non-sub licensable, non-exclusive, and revocable right to use the Platform subject to the restrictions set forth in these Terms of Service. In registering for an Account, you agree to provide true, accurate, current and complete informationabout yourself and the Property ("Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Platform. We reserve the right to suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account to access or use the Platform under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account credentials and for any charges, damages, liabilities or losses incurred as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Account credentials, your disclosure of your Account credentials, or your authorization to allow another person to access or use the Platform using your Account credentials. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account, including any charges incurred relating to the Platform. You acknowledge that the complete privacy of your data and messages transmitted while using the Platform cannot be guaranteed.
DWELL.IO is not liable for any losses relating to fraudulent charges, or other actions by any User that aredeceptive, fraudulent or otherwise invalid ("Fraudulent Actions"). By using the Platform, you hereby release DWELL.IO from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify DWELL.IO of any Fraudulent Actions, which may affect the Platform. DWELL.IO reserves the right, in its sole discretion, to terminate the Account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
We reserve the right but are not under obligation to verify your Account. You agree to supply to us the requested information to keep your Account active. We reserve the right to temporarily suspend your Account during the verification process and terminate the Account if the verification fails.
If an Applicant to the Account is under 18 years of age, then you as the adult Applicant hereby represent and warrant that you are the parent or legal guardian of such child. You have the authority to enter into these Terms of Service on behalf of your child. You have read, understand and agree that your child will comply with these Terms of Service. You understand that you are responsible to monitor your child’s compliance. And you understand and agree that if there is any violation of these Terms of Service by your child, then you will be fully responsible.
DWELL.IO reserves the right, in its sole discretion, to suspend or terminate your Account if you violate these Terms of Service or for any reason or no reason at any time. If your Account is terminated or suspended for any reason or no reason, you agree: (i) to continue to be bound by this Agreement, (ii) to immediately stop using the Platform, (iii) that the license provided under this Agreement shall end immediately, (iv) that we reserve the right (but have no obligation) to delete all of your information and Account data stored on our servers, and (v) that DWELL.IO shall not be liable to you or any third party for termination or suspension of access to the Platform or for deletion of your information or Account data.
We may change, modify, suspend, or discontinue all or any part of the Platform at any time, with or without reason. You acknowledge that the operation of the Platform may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and DWELL.IO shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Platform. DWELL.IO has no obligation to maintain or update the Platform or to continue producing or releasing new versions of the Platform.
You agree not to violate any law, statute, ordinance or regulation, rent, lease, lend, sell, redistribute, license or sublicense any materials from the Platform.
You must not collect or attempt to collect personal data, or any other kind of information about other Users, including without limitation, through spidering or any form of scraping.
You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by DWELL.IO; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of DWELL.IO’ servers, system or network or attempt to breach DWELL.IO’ data security or authentication procedures; attempt to interfere with the Platform by any means including, without limitation, hacking servers or systems, submitting a virus, overloading, mail-bombing or crashing.
In addition, you hereby represent and warrant that your information and materials: (a) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any Fair Housing, copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (b) are not fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) do not harass others, promote bigotry, racism, discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Platform or the Services; and (d) do not promote illegal or harmful activities.
Without limitation to any other rights or remedies of DWELL.IO under these Terms of Service, DWELL.IO reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
The Platform contains content and technology of DWELL.IO that is protected by copyright, trademark, patent, trade secret and other laws. DWELL.IO owns intellectual property rights to any protectable part of the Platform, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the “Property”). You may not copy, modify, or reverse engineer any part of the Platform or the Property.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DWELL.IO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DWELL.IO MAKES NO WARRANTY THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED, OR (IV) THAT THE PLATFORM OR ANY SERVER THROUGH WHICH YOU ACCESS THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DWELL.IO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF PROPERTY OFFERED OR PROVIDED BY OWNER OR REQUESTED BY APPLICANT THROUGH USE OF THE PLATFORM.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DWELL.IO OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DWELL.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM; (II) PROPERTY FACILITATED VIA THE PLATFORM OR ANY INTERACTIONS BETWEEN USERS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER, OR ANY DISPUTE WITH ANY USER; OR (III) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PLATFORM OR YOUR DATA OR TRANSMISSIONS.
You agree to defend, indemnify and hold harmless DWELL.IO and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Platform; (ii) Property facilitated through the Platform or any interaction between you and another User; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, trade secret or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Platform or Property. The defense and indemnification obligations will survive the termination of this Agreement and your use of the Platform.
DWELL.IO reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms of Service and all referenced contracts or policies. DWELL.IO will endeavor to notify you of any material changes by email, but will not be liable for any failure to do so. If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must terminate and immediately stop using the Platform. Your continued use of the Platform following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.
DWELL.IO may assign these Terms of Service or any other agreement with you in whole or part at any time without your approval.
These Terms of Service and the relationship between you and DWELL.IO shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled exclusively by courts located in Dallas, Texas.
Any failure of DWELL.IO to enforce or exercise a right provided in these Terms of Service is not a waiver of that right. Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Service or use of the Platform must be filed within 1 year after such claim or cause of action arose or be forever barred.
These Terms of Service constitute the entire agreement between you and DWELL.IO concerning the subject matter herein and the use of the Platform and supersede any and all previous agreements, written or oral, between you and DWELL.IO, including previous versions of these Terms of Service.