DWELLABILITY TERMS OF SERVICE
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.
Any rights not expressly granted herein are reserved by Dwellability.
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.
“Agreement” means these Terms of Service.
“Dwellability”, “we”, “us”, or “our” refers to our company, known as “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.
“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.
Modifications to the Services
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service.
Rules of Use
In order to use our Service, you must meet a number of conditions, including but not limited to:
You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Dwellability, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
You must not sign up or use the Services on behalf of a natural person other than yourself.
You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
You may not use our products for any unlawful purpose, nor may you, in the use of the Service, violate any such laws (including but not limited to copyright laws). In addition to other prohibitions as set forth in the Terms of Service, you must not:
Use the Service for any unlawful purpose.
Use the Service to solicit others to perform or participate in any unlawful acts.
Use the Service to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
Use the Service to infringe upon or violate our intellectual property rights or the intellectual property rights of others.
Use the Service to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
Use the Service to submit false or misleading information.
Use the Service to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
Use the Service to collect or track the personal information of others.
Use the Service to spam, phish, pharm, pretext, spider, crawl, or scrape.
Use the Service for any obscene or immoral purpose.
Use the Service to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
In order to access certain features of the Site, you must become a Member by creating an account (“Dwellability Account”). You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You may register an account by manually providing your personal information via the Site or authenticate using your Facebook account. You have the ability to disable the connection between your Dwellability Account and your Facebook account at any time in the “Account Settings” section of the Site.
If you choose to create your Dwellability Account via Facebook, you must ensure that the personal information listed on your Facebook account is accurate, as your Dwellability Account profile page will be populated based upon the personal information or obtained from Facebook.
Members may only possess one (1) Dwellability Account. Dwellability reserves the right to suspend or terminate your Dwellability Account and your access to the Site if you create more than one (1) Dwellability Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of this Agreement.
Your Personal Information
Dwellability Not a Party
The Site and Service provide a platform which enables Hosts to create Listings for Accommodations and Guests to browse those Listings and reserve Accommodations directly with the Hosts. Users acknowledge and agree that Dwellability is not a party to any agreements entered into by Users, nor is Dwellability a real estate broker, agent, or insurer. Dwellability has no control over the conduct of Hosts, Guests, or other Users of the Site or Service, or any Accommodations, or third parties related to any Users or Accommodations. Dwellability disclaims all liability in this regard to the maximum extent permitted by law.
Members are allowed to post their Accommodations for reservation by other Members of the Site. As a Host, you agree that all information provided in your Listing is accurate and current. This includes, but is not limited to, the location, capacity, size, amenities, and availability of the Accommodation and pricing and related rules and financial terms, as well as photos of the Accommodation. You are solely responsible for the accuracy of the content provided in your Listing. You agree that you may not require or request that a Guest accept terms or conditions that are contrary to those published in your Listing, including but not limited to pricing, Accommodation rules, and financial terms.
You represent and warrant that your Listing and Accommodation are not in violation of any governmental rules or regulations, or rights of third parties, including but not limited to (i) federal, state, and local laws and regulations and (ii) rules of any homeowners associations, co-op or condominium boards, or similar administrative bodies and entities.
Please note that Dwellability does not verify and assumes no responsibility for Members’ compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations.
Dwellability enables Users to make payments in connection Reservations via Paypal, directly from the Site. Dwellability does not exercise control or possession of any money exchanged by Users of its Service. The service fee charged by Dwellability is collected by PayPal and sent to Dwellability separate of any money directed to or from any User.
Damage to Accommodations
Dwellability does not require Users to provide security deposits when making Reservations. Hosts are free to establish their own terms and policies with regard to their Listings, including potential damage to the Accommodations. Dwellability is not a party to any agreements made between Users of its Service and will not involve itself in dispute resolution between its Users.
Your Interactions with Other Users
Dwellability does not endorse any User, Listing, or Accommodation. You are solely responsible for your interactions with other Users. You understand that Dwellability does not conduct criminal background checks or other screenings of its Users. Dwellability also does not verify the statements of its Users and makes no representations or warranties as to the conduct of Users or their compatibility with any current or future User. Dwellability reserves the right to conduct any criminal background check or other screenings, at any time and using available public records.
Dwellability is not responsible for the conduct of any User. In no event shall Dwellability, its agents, affiliates, or partners be liable (directly or indirectly) for any losses or damages, whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users or persons you meet through the Service.
You agree to take all necessary precautions in all interactions with other Users in both online and in person settings. You understand that Dwellability makes no guarantees, either express or implied, regarding your compatibility with Users or other persons you encounter while in use of the Service or as a result of using the Service.
Our Service may become unavailable from time to time for security reasons, legal reasons, technical updates, or other reasons. You agree that we are not obligated to inform you of such downtime—even if we are aware that it may occur—or to provide a reason for it, and that you release us from all liability relating to the unavailability of our Service.
Errors and Inaccuracies
Dwellability makes every effort to provide complete, accurate, and up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. Occasionally, our Services may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions—including after an order has been submitted—and to change or update information at any time without prior notice.
We assume no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You agree that by using our Service, you are receiving a license to use one copy of our web-based software (commonly referred to as “software as a service” or “SaaS”) in compliance with this Agreement, applicable laws, and any additional terms located on our Service which are hereby incorporated into this Agreement by reference. This license may be used by you only, and you are solely responsible and liable, and agree to indemnify Dwellability to the fullest extent, including attorneys’ fees and court costs, for any legal action or dispute that arises from the use of your license by someone other than you. You must not attempt to reverse engineer, redistribute or resell or otherwise copy or manipulate our Service. You must not download the media created by other Users of our Service, even if it is for your own private use.
Dwellability may revoke its license to you at any time for any reason without notice or explanation, and we shall not, in any event, be liable to you for any losses suffered as a result of any unanticipated cancellation of our Service. Dwellability will generally attempt to notify you prior to cancelling your access to our Service unless you have breached this Agreement or any applicable law, though we are not obligated to do so.
Dwellability relies on the uniqueness of its Service and content to distinguish itself from third party competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Service, including content licensed to Dwellability by third parties, without receiving our prior written permission.
Dwellability and Dwellability.com are trademarks used by us to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Service or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own service, whether or not it competes directly or indirectly with Dwellability.
Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
Copyright & Trademark Infringement
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification electronically and send it to our Copyright Agent at firstname.lastname@example.org.
Letters containing the foregoing may be mailed to:
275 9th Street #150025
Brooklyn, NY 11215-0025
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
Communications Decency Act and Constitutional Protection
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regard to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our Site by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at email@example.com if any of our Users have posted anything that you believe is defamatory. Note that administrators and management should, ideally, be the first party you contact in response to any defamation by another User.
Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY ACTIONS BY AN ADMINISTRATOR, MANAGER, EMPLOYEE, OR OTHER USER WHICH MAY CAUSE HARM TO YOU, EVEN IF WE BECOME AWARE IN ADVANCE THAT SUCH ACTIONS MAY OR WILL OCCUR AND DO NOT NOTIFY YOU.
WE ARE NOT RESPONSIBLE FOR ANY ERRORS IN EDUCATIONAL INFORMATION PROVIDED THROUGH OUR SERVICE OR ANY OTHER DAMAGE THAT MAY ARISE FROM SUCH CONTENT.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE SERVICES PROVIDED BY OUR SERVICE OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS WHICH PREVENT ACCESS TO OUR SERVICE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Those who access or use the Service from other jurisdictions not in the United States do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign, and local laws and regulations, including but not limited to export and import regulations. Your promise and agree to use the Service in strict compliance with any local, domestic, national, and/or territorial laws, rules, and regulation that are or may be applicable.
You agree to indemnify and hold Dwellability and any of its affiliates, employees, officers, directors, agents, successors, and assigns harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Service, or the permitted use by others of your license and account. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
Choice of Law
This Agreement shall be governed by the laws in force in the State of New York. The offer and acceptance of this contract are deemed to have occurred in the State of New York.
Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of New York. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the Civil Court of the City of New York – Small Claims Part (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. At the time of drafting this Agreement, the monetary jurisdiction of the Small Claims Court is $5,000.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Dwellability shall have the sole right to elect which provision remains in force.
Dwellability reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Termination & Cancellation
We may terminate your access to our Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes here and it is your responsibility to check these Terms of Service from time to time for any updates or changes. Your continued use of our Service shall constitute your acceptance of such changes.
Dwellability LLC is a limited liability company formed lawfully in the State of New York and conducting its affairs in the State of New York.
Last Modified: September 26, 2017.