Terms of Service

Version dated January 16, 2012

INTRODUCTION / ACCEPTANCE

Welcome to the Dwelleo Inc. ("Dwelleo", "we", “us” "our") software application (the "Dwelleo Software"), website (the “Site”), web widgets, feeds and applications for third-party websites and services, and any other mobile or web services or applications owned, controlled, or offered by Dwelleo (collectively, the "Services"). Subscribers, customers, Users, and others who download, access, use, purchase and/or subscribe to the Dwelleo Services (collectively or individually "you" or "Users") must do so under the following terms and conditions of use.

Before using any Dwelleo Services, please read carefully the following terms and conditions of service. By accessing, browsing and/or using the Dwelleo Services, you acknowledge that you have read, understood, and agree to be bound by all consents and disclosures set forth in the Dwelleo registration process (and hereby incorporated herein by this reference), all of the following terms and conditions, including any future modifications to this terms and conditions of service, and all guidelines (collectively, the "Terms of Service"). If you do not agree to these Terms of Service, then please cease using the Dwelleo Services immediately.

All the Dwelleo Services are available only for individuals aged 13 years or older, if you are 13 or older but under the age of 18, then you agree to review these terms and conditions with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this agreement. You agree to have your parent or guardian review and accept this agreement on your behalf through the Dwelleo acceptance process. If you are a parent or guardian entering into this agreement for the benefit of a child over 13, then you agree to and accept full responsibility for that child's use of the Dwelleo Services, including all financial charges and legal liability that he or she may incur.

MODIFICATION

We reserve the right, at our sole discretion, to modify, discontinue or terminate the Services or the Site or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site. We will also update the "Last Updated Date" at the top of this page. By continuing to access or use the Services or the Site after we have posted a modification of the Terms of Service on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services and the Site.

PRIVACY

We consider your privacy one of our highest priorities. Please see our Privacy Policy (http://www.dwelleo.com/legal/privacy) for information and notices concerning our collection and use of your personal information.

LIMITATIONS OF SERVICE

You acknowledge that Dwelleo may establish limits concerning use of the Services, including the maximum number of days that Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, the frequency with which you may access the Services and the locations where the Services are available. You agree that Dwelleo has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You acknowledge that Dwelleo reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that Dwelleo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. “Content” means any text, graphics, locations, images, music, software, audio, video, information or other materials available on the Site or through the Services, whether posted or provided by Dwelleo, any User, or any third party. “Dwelleo Content” means any Content posted or provided by Dwelleo, “User Content” means any Content posted or provided by any User and “Third Party Content” means any Content posted or provided by any person or party other than Dwelleo or any User.

ELIGIBILITY AND REGISTRATION

You will need to register and create an account to become a User of Dwelleo ("Account"). Dwelleo reserves the right to suspend or terminate your Account at any time.

You must be at least 13 years old to use the Site or the Services. Any registration by, use of or access to the Site or the Services by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Site or the Services, you represent and warrant that you are 13 or older and that you agree to abide by these Terms of Service.

FEES

We reserve the right, at any time, to impose or restructure any fees charged for your use of the Services, Site or Content. Dwelleo will notify you in advance of any changes with respect to fees we choose to impose.

DWELLEO PROPRIETARY RIGHTS

The Services, Site and Dwelleo Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, Dwelleo and its licensors exclusively own all right, title and interest in and to the Services, Site and Dwelleo Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, Site or Content.

All trademarks, service marks, logos, trade names and any other proprietary designations of Dwelleo used herein are trademarks or registered trademarks of Dwelleo. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Dwelleo authorizes you to download, view and print any Dwelleo Content solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Service. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, Site or Dwelleo Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dwelleo or its licensors, except for the licenses and rights expressly granted in these Terms of Service.

USER CONTENT RIGHTS

You retain ownership rights to your User Content. You may post, upload, publish, submit or transmit User Content to be made available through the Services. By making available any User Content through the Services, you hereby grant to Dwelleo a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content. You also grant each User of the Site the right to access, display, view, store and reproduce your User Content for personal use. Dwelleo does not claim any ownership rights in any such User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services or the Site.

USER RESTRICTIONS

You agree not to do any of the following while using the Services, Site or Content:

Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);
Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, Dwelleo's name, any Dwelleo trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, or any other Dwelleo Content without Dwelleo's express written consent;
Access, tamper with, or use non-public areas of the Site, Dwelleo's computer systems, or the technical delivery systems of Dwelleo's providers; Attempt to probe, scan, or test the vulnerability of any Dwelleo system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Dwelleo or any of Dwelleo' providers or any other third party (including another User) to protect the Services, Site or Content;
Attempt to access or search the Services, Site or Content or download Content from the Services or Site unless they use our APIs and follow our API Terms of Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the Software and/or search agents provided by Dwelleo or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
Send any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Dwelleo trademark, logo URL or product name without our express written consent;
Use the Services, Site or any Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Site or Dwelleo Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;
Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
Collect or store any personally identifiable information from the Site or Services from other Users of the Site or Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation;
Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
"Stalk" or otherwise harass anyone;
Collect personal data about other Users for commercial or unlawful purposes;
Post non-local or otherwise irrelevant Content, or repeatedly post the same or similar Content;
Post identical or similar messages repeatedly to different neighborhoods or locations;
Use any form of automated device or computer program that enables the submission of postings on Dwelleo without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals;

Dwelleo will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Dwelleo may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms of Service. You acknowledge that Dwelleo has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Dwelleo reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that Dwelleo, in its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Site or Services.

ACCOUNT NAME

You represent and warrant that your chosen account name ("nickname") as hosted on the Site and used in connection with the Services does not infringe the copyright, trademark, or any other intellectual property rights of Dwelleo or any third party, and that such account name is otherwise in compliance with these Terms of Service. Dwelleo reserves the right, in its sole discretion, to change your nickname if Dwelleo has reason to believe your chosen account name is in violation of this section.

INTERACTIONS WITH OTHER USERS

You are solely responsible for your interactions with other Users. You understand that Dwelleo does not in any way screen its Users, nor does Dwelleo inquire into their backgrounds. Dwelleo makes no representations or warranties as to the conduct of Users. In no event shall Dwelleo be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else (including any other user) in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered Users of these Services or persons you meet through THE SITE OR the Services. You agree to take reasonable precautions in all interactions with other Users of the Services, particularly if you decide to meet offline or in person. You should not provide your financial information (for example, your credit card or bank account information) to other Users.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Dwelleo's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim is being infringed;
Identification of the material that is claimed to be infringing and where it is located on the Site;
Information reasonably sufficient to permit Dwelleo to contact you, such as your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Dwelleo's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

support@dwelleo.com

For clarity, only DMCA notices should go to the Dwelleo Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Dwelleo customer service through support@dwelleo.com.

3RD PARTY SITES / CONTENT / LINKS

The Dwelleo Site and Content available through the Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Dwelleo, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or included in the Services and neither do we adopt nor endorse nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Site or made available through the Services, or transmitted to participants.

The Site contains (or you may be sent through the Site or the Services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.

3RD PARTY CONTACT

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Dwelleo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Site, or between Users and any third party, you understand and agree that Dwelleo is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release Dwelleo, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Services. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

TERMINATION

You agree that Dwelleo, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Site or available through the Services, for any reason, including, without limitation, if Dwelleo believes that you have acted inconsistently with the letter or spirit it of the Terms of Service. Further, you agree that Dwelleo shall not be liable to you or any third-party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after said termination.

SURVIVAL

Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification hereby survive any termination of this Agreement or any termination of your use of or subscription to the Site or the Services.

WARRANTY DISCLAIMER

You agree that use of the Site and the Services is entirely at your own risk. The Site and the Services are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Dwelleo disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Site and the Services. To the fullest extent permitted by law, Dwelleo disclaims any warranties for other services or goods received through or advertised on the Site or through the Services, or accessed through any links on the Site. To the fullest extent permitted by law, Dwelleo disclaims any warranties for viruses or other harmful components in connection with the Site or the Services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

INDEMNIFICATION

You agree to indemnify and hold Dwelleo, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the SITE OR THE Services, your use of the Services, your violation of the Terms of Service, your breach of any of the representations and warranties herein, or your violation of any rights of another.

LIMITATION OF LIABILITY

Under no circumstances shall Dwelleo be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Dwelleo has been advised of the possibility of such damages), resulting from any aspect of your use of the Dwelleo Site or the Services, whether the damages arise from use or misuse of the Dwelleo Site or the Services, from inability to use the Dwelleo Site or the Services, or the interruption, suspension, modification, alteration, or termination of the Dwelleo Site or the Services. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Dwelleo Site or the Services or any links on the Dwelleo Site, as well as by reason of any information or advice received through or advertised in connection with the Dwelleo Site or the Services or any links on the Dwelleo Site. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

GOVERNING LAW

This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the state of New York. As a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected with Dwelleo, shall be resolved through arbitration, with such arbitration to be held in New York, NY.

Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

INTEGRATION AND SEVERABILITY

The Terms of Service are the entire agreement between you and Dwelleo with respect to the Services and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Dwelleo with respect to the Site and the Services. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

ASSIGNMENT OF TERMS

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Dwelleo's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Dwelleo may assign or transfer these Terms of Service, in its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

NOTICES

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

HEADINGS FOR CONVENIENCE ONLY

Headings are for convenience only and have no legal or contractual effect.

CONTACT

If you have any questions about these Terms of Service, please contact us support@dwelleo.com.