Welcome to the Dwel website, application and proprietary software platform that helps homeowners create task lists for all matters relating to their home (collectively, the “Service”) or otherwise made available to you as a registered user,whether as a homeowner, of Dwel. The Service enables registered users and their authorized partners (“Users,” “you” or “your”) to collect and view all matters relating to their home in one centralized electronic database for purposes of facilitating the maintenance, repair and upkeep, eventually the sale of their home.
Every time you visit or use features of the Service, you agree to be bound by these Terms of Use (“Terms”). If you are an entity, these Terms shall be expressly binding on all employees, directors and officers, agents, and assigns who access or use the Service. These Terms outline your rights, obligations, and restrictions regarding your use of the Service, please read them carefully. If you do not agree to be bound by the Terms and all applicable laws, you should discontinue use of the Service immediately. In addition to these Terms, we have adopted the Dwel Privacy Policy (“Privacy Policy”). Please read our Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information.
Dwel may modify the Terms from time to time and each modification will be effective when it is posted on the Service. We will notify you of substantive modifications to these Terms the first time you access the Service following any such modification, and you agree to be bound to any changes to the Terms through your continued use of the Service.
By accessing and using Dwel (hereinafter referred to as "the Application"), you agree to comply with and be bound by the terms and conditions set forth in this agreement. If you do not agree to these terms, please refrain from using Dwel.
Each User hereby warrants that the User is either (a) an authorized employee, director, officer, agent or assign of a legitimate legal entity, or (b) an individual either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and is fully able and competent to enter into the Terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, the User affirms to be over the age of 13, as the Services are not intended for children under 13.
If you are a homeowner accessing the Services you agree to follow the prompts on our platform to accept these Terms of Use and access your (“Account”). As a homeowner, you must provide certain personal information such as your name, address, email address, and other information we may request to identify you and establish your Account, as described in our Privacy Policy.
Please refer to our Privacy Policy for information about how we protect your personal information. As a homeowner, you are responsible for ensuring that any personal information you provide is accurate and up to date. Dwel reserves the right to verify the accuracy of the information you provide at any time. You are responsible for creating a username and a secure password and protecting your Account from unauthorized access. You agree to notify Dwel immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You will be held responsible for any activity that occurs under your Account.
Once you have an Account, you may adjust your profile settings.
The User acknowledges and agrees that:
all video, images, information, data, text, software, music, sound, photographs, messages or other materials User or any third party (service provider, contractor, or other) authorized by the User uploads, collects, communicates or transmits using the Services (“Content”) are the sole responsibility of the User;
the User owns or has the necessary licenses, rights, consents, and permissions to use and authorizes Dwel to use all copyrights, trademarks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all Content User creates or uploads in accordance with these Terms; and
the User has the necessary consent, release and /or permission of each identifiable individual person in the Content to use the presence and likeness of each such individual in the Content in the manner contemplated by these Terms.
Any Content uploaded is available only to the homeowner User linked to that account, and is only visible to other registered Users as authorized by the homeowner User or as necessary for us to provide the Services. Dwel reserves the right to purge Content from its databases at any time and from time to time without notice in accordance with its document retention policies.
In addition, Dwel may disable User’s account and access to use the Services and Dwel may recover from the User any losses, damages, costs or expenses incurred by Dwel resulting from or arising out of User’s non-compliance with any provision of this Agreement.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Dwel through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Dwel is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Dwel shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Dwel may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Dwel without any obligation of Dwel to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Dwel under any circumstances.
You will be held solely responsible for your conduct on and use of the Service. You agree that you will not use or attempt to use this Service for any purpose other than to post, view or manage your or your authorized homeowner’s Account or otherwise connect with service providers or contractors, as the case may be; you may not (and may not allow any third party to) use or attempt to use this Service or upload, download, post, submit or otherwise distribute or facilitate distribution of content on or through the Service for any purpose:
that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contract,
that is any way unlawful or prohibited, or that is harmful, threatening, abusive, harassing, deceptive, fraudulent, offensive, obscene, profane, or otherwise destructive to anyone or their privacy or property,
that transmits any unauthorized or unsolicited advertisements, solicitations, schemes, spam, flooding, or other unsolicited spam or bulk e-mail (including without limited postings to third party social media services which are linked to the Service) or unsolicited commercial communications,
that transmits any harmful or disabling computer codes, files, programs or viruses,
that harvests e-mail addresses or personally identifiable information from Dwel,
that interferes with our network services or the proper working of the Service or activities conducted on the Service,
that uses manual or automated software or other processes to “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any page of the Service,
that attempts to gain unauthorized access to our Service including bypassing measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service),
that suggests an express or implied affiliation with Dwel (without the express written permission of Dwel) or that impersonates any person or entity including an employee or representative of Dwel,
that impairs or limits our ability to operate this Service or any other person’s ability to access and use this Service.
Dwel reserves the right at all times and for any reason or for no reason at all, in its sole discretion and without notice to you, to deny your access to and use of this Service.
Dwel does not own any data or information that you submit in the course of creating your Account or any Content that is provided by you or collected from your use of the Service.
We or our licensors own and retain all proprietary rights in the Service. Neither the Service nor any portion of the Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dwel, unless it is in the public domain. You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate or otherwise create derivative works of any part of the Service. Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of Dwel or our third-party service providers, and any unauthorized use terminates the permission to use the Service granted by Dwel.
Except for the Content and any branding provided by our agents and service partners, all content made available by Dwel, to you on the Service, such as report formats, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Dwel, or its content/software suppliers and protected by United States and international copyright laws. All software used on our website and platform is the property of Dwel or its software suppliers and protected by United States and international copyright laws.
Notice of Claims
If you believe any post or information on the Service infringes your copyright or trademark rights, you may request such content be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Dwel’s copyright agent (identified below) and provide the following information:
A clear statement identifying the works, or other materials believed to be infringed.
A statement from the copyright holder or authorized representative that the content is believed to be infringing.
Sufficient information about the location of the allegedly infringing content so that Dwel can find and verify its existence.
Your name, telephone number and e-mail address.
A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Counter-Notice
If you believe that your removed content (or content to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the state or federal courts of the Commonwealth of North Dakota, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter- notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored in 10 business days or more after receipt of the counter-notice, at our sole discretion.
Dwel’s agent for notice of copyright issues on the Service can be reached as follows:
Dwella Contracting LLC
1367 Elm Cir N
Fargo, ND 58102
Attn: Copyright Agent
If you are not sure whether material available online infringed your copyright, we suggest that you first contact an attorney.
For your convenience and in addition to the connections we facilitate homeowners and service providers or contractors, the Service may provide links to products or services, including payment processing services offered on other websites or applications. Unless expressly stated otherwise, Dwel does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this Service may provide a link. By using the Service you acknowledge and agree that Dwel will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials. You should carefully review each website’s privacy statements and conditions of use to understand your rights and responsibilities.
You agree to indemnify and hold Dwel, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your account, use of the Service, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Service.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, DWEL MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. DWEL EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO THE CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, DESIGN, OPERATION OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE. FOR AVOIDANCE OF DOUBT, THE DISCLAIMERS SET FORTH HEREIN DO NOT LIMIT ANY COVENANT, REPRESENTATION OR WARRANTY MADE BY DWEL IN THIS AGREEMENT.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL DWEL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF DWEL TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO DWEL IN THE IMMEDIATELY PRECEDING TWELVE-MONTH PERIOD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
While we strive to protect your information in accordance with our Privacy Policy , Dwel cannot be liable for the privacy of personal information collected or stored on the Service, or otherwise connected with your use of the Service.
Dwel’ relationship with its Users shall be that of independent contractor and nothing herein shall be construed to create a partnership, joint venture, or employer-employee relationship.
Dwel may terminate or suspend your access to all or part of the Service, for any reason, including without limitation your breach of these Terms. In the event these Terms are terminated, the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination.
Dwel operates the Service from its offices within the United States. The Services are designed for Users within the United States, and Dwel makes no representations that content and materials on the Service are legal or appropriate for use from outside the United States. If you choose to access the Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations.
These Terms are not assignable, transferable, or sublicensable by you except with Dwel’s prior written consent. Dwel may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
These Terms will be governed by and construed in accordance with the laws of The State of North Dajota without regard to its conflict of laws provisions. Any action brought against Dwel to enforce these Terms or matters related to the Service will be brought in either the state courts or, if there is exclusive federal jurisdiction, the federal courts of The State of North Dakota. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.
If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and Dwel, concerning your use of the Service.
If you have any additional questions or concerns about this Privacy Policy, please feel free to contact us any time through this Service or email us at contact@dwel.co.
September 21, 2023