Welcome to Dwellability!
This Agreement applies to all Users of the Service. If you do not agree with any part of this Agreement, you must not use the Service. Your continued use of the Site will constitute your acceptance of this Agreement. Any new features or tools which are added to the current Service shall also be subject to the Agreement. You can review the most recent version of the Agreement at any time here. We reserve the right to update, change or replace any part of this Agreement by posting updates and/or changes. It is your responsibility to check the Service periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Accommodation” means a property listed by a Host.
“Company”, “Dwellability”, “we”, “us”, or “our” refers to our company, “Dwellability LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context of the word.
“Guest” means a Member who reserves an Accommodation that has been listed on the Site and/or visits an Accommodation that is listed on the Site.
“Host” means a Member who has posted a Listing on the Site.
“Listing” means an Accommodation that has been posted by a Host for reservation by Guests.
“Member” means a person who creates a Dwellability Account, as described in Section 5 of the Terms of Service.
“Reservation” means the agreement between a Host a Guest, granting the Guest limited license to enter and remain at an Accommodation pursuant to the terms set forth in the Listing for such Accommodation and any additional terms reached by the Host and Guest.
“Service” refers to the services that we provide through our Site and any component of the Site.
“Site” refers to our website, www.dwellability.com.
“User” refers to all visitors of the Site, including but not limited to Members, customers, browsers, vendors, merchants, advertisers, and/or contributors of content, on our Site.
“User Content” refers to any content, including comments, photos, links, and other material submitted by a User to his or her personal profile, another User’s profile, or any other section of the Site where Users are allowed to post content.
“You” refers to you, the person who is entering into this Agreement with Dwellability.
Whenever you use our Service, we may collect non-identifying information from you, such as your IP address, referring URL, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.
Use of Your Information
We may use your information to:
Enhance or improve User experience or our Service.
Send e-mails about our Service or respond to inquiries.
Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Service.
Accessing, Editing, and Removing Your Information
Users may in some cases be able to review and edit the personal information provided to us by logging into the account and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.
Third Party Websites
Dwellability or its Users may post links to third party websites on our Service. Additionally, other materials made available through our Service may contain third party website links or files. These third party websites and files are not screened for privacy or security issues by Dwellability, and you release us from any liability for the conduct of these third parties.
Third Party Access to Your Information
Although you are entering into an agreement with Dwellability to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our Service.
Without limiting the generality of the foregoing, you authorize us to collect, share, store, exchange, and otherwise use your information in conjunction with Dwellability.
Dwellability may include advertisements, which may be targeted to the User Content or information on the Services, queries made through the Services, information on the daily feed, or other information. The types and extent of advertising by Dwellability are subject to change. In consideration for Dwellability granting you access to and use of the Services, you agree that Dwellability and its third party providers and partners may place such advertising on the Services or in connection with the display of User Content or information from the Services whether submitted by you or others.
Release of Your Information for Legal Purposes
At times it may become necessary or desirable, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.
Commercial and Non-Commercial Communications
We take certain measures to enhance the security of our Service, including using SSL certificates. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our Service secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
Your California Online Privacy Rights
Last Modified: September 26, 2017