Agreement between User and DwellAssured.com
Welcome to DwellAssured.com. The DwellAssured.com website (the “Site”) is comprised of various web pages operated by DwellAssured. DwellAssured.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of DwellAssured.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
DwellAssured.com is an E-Commerce Site.
The purpose of DwellAssured.com is to help older adults, their caregivers and their healthcare providers successfully navigate the process of aging in place. We do this by connecting Site users to a host of proprietary solutions, including our 360-Degree Age In Place Home Assessment (which can be scheduled through our Site); our Needs Navigator self-assessment tool and Care At Home Library of educational content (both of which can be accessed directly through the Site); and our DwellAssured-certified service provider network (which is accessible offline to current customers). Businesses can use our Site to learn more about and apply to join the DwellAssured-certified service provider network. The Site also offers a Careers page for job seekers wishing to learn more about and apply to work for DwellAssured.
Visiting DwellAssured.com or sending emails to DwellAssured constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DwellAssured is not responsible for third party access to your account that results from theft or misappropriation of your account. DwellAssured and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
DwellAssured does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use DwellAssured.com only with permission of a parent or guardian.
Cancellations for 360-Degree Age In Place Home Assessment appointments must be made at least 24 hours prior to your appointment to receive a full refund. Failure to notify at least 24 hours prior will result in a $50 cancellation fee. Cancellations can be made at any time by emailing DwellAssured at email@example.com.
Links to Third Party Sites/Third Party Services
DwellAssured.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DwellAssured and DwellAssured is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DwellAssured is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DwellAssured of the site or any association with its operators.
Certain services made available via DwellAssured.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the DwellAssured.com domain, you hereby acknowledge and consent that DwellAssured may share such information and data with any third party with whom DwellAssured has a contractual relationship to provide the requested product, service or functionality on behalf of DwellAssured.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of DwellAssured or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DwellAssured content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DwellAssured and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DwellAssured or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your DwellAssured account to third party accounts. By connecting your DwellAssured account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by DwellAssured from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the DwellAssured Content accessed through DwellAssured.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless DwellAssured, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DwellAssured reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DwellAssured in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and DwellAssured agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DWELLASSURED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DWELLASSURED AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DWELLASSURED AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
DwellAssured reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DwellAssured as a result of this agreement or use of the Site. DwellAssured’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DwellAssured’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DwellAssured with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DwellAssured with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DwellAssured with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
DwellAssured reserves the right, in its sole discretion, to change the Terms under which DwellAssured.com is offered. The most current version of the Terms will supersede all previous versions. DwellAssured encourages you to periodically review the Terms to stay informed of our updates.
DwellAssured welcomes your questions or comments regarding the Terms:
9 Maryland Avenue
Annapolis, Maryland 21401
Effective as of September 1, 2022
This Agreement (“Agreement”) governs your relationship with DwellAssured, Inc. In this Agreement, we will refer to you, the member Service Provider, and all of your d/b/a’s, affiliates, agents, employees, representatives and subcontractors as “you,” “SP,” “Service Provider” or “member” and to DwellAssured, Inc. and its employees and agents as “we” or “us” or “DwellAssured, Inc. .” Other Service Providers who have joined DwellAssured, Inc. ’s network are referred to in this Agreement as “Service Providers,” “SPs,” or “members.” Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Providers also apply to and bind you. References herein to the DwellAssured, Inc. “Website” include any and all websites now, or hereafter, owned or operated by DwellAssured, Inc. These Terms & Conditions were last updated on September 1, 2022.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
With Respect to Lead Purchasing Members.
DwellAssured, Inc. is an information service for seniors that provides older adults and their loved ones with resources for aging in place. With a variety of services tailored to each individual, DwellAssured, Inc. helps older adults to flourish in their homes. These services include the DwellAssured, Inc. 360 Degree Age in Place Assessment (the “Assessment”), the DwellAssured, Inc. Aging-in-Place Plan (the “Plan”), and the DwellAssured, Inc. -Certified Service Provider Network (the “Service Provider Network”) (collectively, the “Services”). By using these Services, older adults and their loved ones (“Customers”) receive personalized Assessments for aging in place and then are connected to Service Providers who can help them to implement their Plans.
Assessments are performed by registered nurses (the “Assessors”), who visit the homes of Customers from whom DwellAssured, Inc. has received a request for an Assessment. The Assessment takes into account seven key areas, including each Clients’ physical health, everyday living skills, cognitive health, mental health, spiritual health, and home safety. Based on each customer’s individual circumstances, the Assessor develops a customized aging-in-place plan (“Plan”) using the Dwell Assured Assessment Platform (the “Assessment Platform”). The requirements of each Plan may entail home improvement work, repairs, maintenance and other types of tasks and projects. Service Providers are then sent communications about the service requirements (the “Jobs” or “Requirements”) via the Assessment Platform. If a Service Provider accepts the Job, the Service Provider will receive the customer’s contact information (the “Lead”). Leads may also be sent to other member Service Providers who have accepted the Job, although no more than three service providers can be matched to a customer.
We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer’s level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. DwellAssured, Inc. is free to contract with other Service Providers as this is not an exclusive contract.
We may provide you with the ability to rate and review your experience working with customers. We may also provide customers with the ability to rate their experience working with you. Based on your customer reviews, as well as other factors including without limitation customer service, timeliness, and quality of work, DwellAssured, Inc. may assign you an internal ranking. While your ranking will not be visible to customers, it may impact the number of Leads you receive.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a DwellAssured, Inc. SP, and thereafter while this Agreement remains in effect, as follows:
Membership in the DwellAssured, Inc. Service Provider Network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join DwellAssured, Inc. , you represent and warrant that you are eligible.
You are qualified and capable of performing the services, trade, or tasks you selected on your Application Form and/or during the Certification Process.
You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
You agree to sign and to abide by DwellAssured, Inc. ’s Client Bill of Rights.
You will comply with the DwellAssured, Inc. membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with DwellAssured, Inc. you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify DwellAssured, Inc. . You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize DwellAssured, Inc. to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
You hereby represent and certify that you have conducted background checks on all of the employees and personnel who will be serving customers and that all of these employees and personnel are free from any felony criminal convictions. If at any time during your membership with DwellAssured, Inc. any of these employees or personnel should have a felony conviction entered against them, you will promptly notify DwellAssured, Inc. .
You agree to abide by and to follow the terms of any resolution process initiated, opened, or created by DwellAssured, Inc. to resolve customer complaints. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however, we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by DwellAssured, Inc. in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys’ fees incurred by DwellAssured, Inc. in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
You agree that you will not charge a Lead fee to a consumer.
If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of DwellAssured, Inc. as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of DwellAssured, Inc. .
You acknowledge and agree that all of the content and information on the DwellAssured, Inc. Website (excluding any logos or trademarked materials, or other intellectual property of Service Providers provided by Service Providers), is the sole and exclusive property of DwellAssured, Inc. . You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any content on the DwellAssured, Inc. Website.
You represent and warrant that all of the information you provide to DwellAssured, Inc. is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to DwellAssured, Inc. for any such damages, and will indemnify DwellAssured, Inc. in the event of any third party claims against DwellAssured, Inc. based on or arising from your violation of the foregoing. You acknowledge and agree that DwellAssured, Inc. has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you. DwellAssured, Inc. is not responsible or liable to you for any comments, ratings, reviews, or communications of any kind from customers.
You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with DwellAssured, Inc. , any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A DWELLASSURED, INC. LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO DWELLASSURED, INC. AND OTHER SERVICE PROVIDERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF DWELLASSURED, INC. . THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO DWELLASSURED, INC. , AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS’ FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business (“personnel”) to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree to indemnify DwellAssured, Inc. for any claims or actions brought against DwellAssured, Inc. for the acts or omissions of such subcontractors. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by DwellAssured, Inc. to any other party, including any other DwellAssured, Inc. Service Providers.
SPs also agree to the following: (i) SP hereby represents and warrants that any information provided by SP to DwellAssured, Inc. is accurate and up-to-date; (iii) SP hereby agrees to pay for any and all Leads, in accordance with the then current DwellAssured, Inc. fee schedule; (iv) SP hereby consents to receive Leads from DwellAssured, Inc. , whether sent via email, text, or some other means of communication; (v) SP authorizes DwellAssured, Inc. to use, copy, reproduce, and sublicense SP’s contact information in furtherance of the foregoing.
In the event you participate in any promotion whereby DwellAssured, Inc. promotes an offer or discount related to your services, whether on the DwellAssured, Inc. Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
By enrolling in the DwellAssured, Inc. Service Provider Network or otherwise becoming a member of DwellAssured, Inc. , and/or by inquiring about membership in the DwellAssured, Inc. Service Provider Network or other DwellAssured, Inc. products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, and even if you have previously opted-out from receiving marketing emails from DwellAssured, Inc. , in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree and acknowledge that DwellAssured, Inc. and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the DwellAssured, Inc. website, communications concerning promotions run by us, and news concerning DwellAssured, Inc. and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account.
You will receive a Lead after accepting a Job provided that the Job has not expired. You will be billed an agreed-upon set price for Leads. You agree that you will pay DwellAssured, Inc. on a per Lead basis for all Leads. You agree to be bound by the then applicable Lead Fee Schedule (all fees are stated and payable in US dollars) for any and all Leads presented to you. Lead Fees are non-refundable. DwellAssured, Inc. reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
You agree that payment for Lead Fees will be made by DwellAssured, Inc. processing your credit card. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit (“Credit”) for any Lead Fees that you dispute (by contacting DwellAssured, Inc. via our Website, the DwellAssured, Inc. Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by DwellAssured, Inc. within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Provider’s account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to DwellAssured, Inc. and are in no way, referral commissions based upon your successful completion of services.
You acknowledge that it is your responsibility to ensure that the communication methods for contacting you that you have provided to DwellAssured, Inc. , and all other contact and billing information, are kept up-to-date and accurate. DwellAssured, Inc. is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify DwellAssured, Inc. if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
You acknowledge that you will not receive a detailed account statement unless you provide DwellAssured, Inc. with a valid email address. DwellAssured, Inc. will process your Lead Fee each time it sends you a Lead by charging the card you have placed on file. If DwellAssured, Inc. is unable to charge the card you have placed on file, your account may be suspended rendering you ineligible to receive any further leads. If your account becomes suspended due to non-payment of a Lead Fee, we may require you to cure any outstanding balance before reinstating your account.
Any disputes about charges to your account must be submitted to DwellAssured, Inc. in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
No fee is due or payable to the extent such fee is in violation of any applicable law.
DwellAssured, Inc. is not obligated to refund to you any amounts of prepaid Lead Fees.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
Indemnification. You shall fully protect, indemnify and defend DwellAssured, Inc. and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns (“Indemnified Parties”) and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys’ fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer outside the scope of a Job that DwellAssured, Inc. has sent to you, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF DWELLASSURED, INC. OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY DWELLASSURED, INC. OR THE INDEMNIFIED PARTIES.
Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES OR OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY/PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL, EVEN IF DWELLASSURED, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY A THIRD PARTY AGAINST YOU. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF DWELLASSURED, INC. TO YOU FOR ANY CLAIM, INCLUDING NEGLIGENCE, EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO DWELLASSURED, INC. DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
IN NO EVENT SHALL DWELLASSURED, INC. BE DEEMED TO BE ENGAGED, DIRECTLY OR INDIRECTLY, IN THE PRACTICE OF MEDICINE OR THE PROVISION OR DISPENSING OF MEDICAL ADVICE OR MEDICAL SERVICES, NOR SHALL IT BE RESPONSIBLE OR LIABLE FOR ANY MEDICAL OR CARE-RELATED ACT, OMISSION, INTERPRETATION, DECISION OR JUDGMENT.
Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE DWELLASSURED, INC. SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND DWELLASSURED, INC. DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY (INCLUDING ACCURACY OF INFORMATION RELATING TO CUSTOMERS), TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM TRADE PRACTICE OR COURSE OF DEALING, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You have not relied on any representations, warranties, or statements of fact not specifically included in this Agreement, and shall not assert any claim against DwellAssured, Inc. with respect to your reliance on any representations, warranties or statements of fact not specifically included in these Terms.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
YOU AND DWELLASSURED, INC. WAIVE YOUR RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF, OR IN ANY WAY RELATED TO, (1) THIS AGREEMENT; (2) DWELLASSURED, INC. ’S SERVICES; (3) THE USE OF DWELLASSURED, INC. ’S WEBSITE; OR (4) LEADS RECEIVED FROM DWELLASSURED, INC. . YOU AND DWELLASSURED, INC. WAIVE AND RELEASE EACH OTHER FROM ALL CLAIMS FOR WHICH A LAWSUIT, ACTION, OR ARBITRATION PROCEEDING HAS NOT BEEN COMMENCED WITHIN 1 YEAR AFTER THE CLAIM AROSE
The exclusive means of resolving any dispute between you and DwellAssured, Inc. or any claim or controversy arising out of, or relating in any way to, this Agreement, DwellAssured, Inc. ’s Website, DwellAssured, Inc. ’s services, or leads received from DwellAssured, Inc. (including any alleged breach of this Agreement) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against DwellAssured, Inc. any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
By using DwellAssured, Inc. ‘s services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and DwellAssured, Inc. . YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Discovery rights, such as each party’s right to the exchange of prehearing information or prehearing taking of sworn testimony, may also be limited in arbitration. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against DwellAssured, Inc. may be commenced only in the federal or state courts located in Maryland. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and DwellAssured, Inc. , shall be governed by the laws of the state of Maryland without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Other Terms.
This Agreement, and the DwellAssured, Inc. Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any DwellAssured, Inc. services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the DwellAssured, Inc. Fee Schedule will be posted on the DwellAssured, Inc. Website at https://www.DwellAssured, Inc. .com/terms-and-conditions/ and periodically communicated to you by email, text, or other reasonable means. By continuing to use any DwellAssured, Inc. services after receiving any such notice of changes from DwellAssured, Inc. , you are agreeing to all such changes.
You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads delivered to you prior to us receiving your termination during normal business hours.
DwellAssured, Inc. , in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the DwellAssured, Inc. Service Provider Network immediately at any time for any reason or no reason at all.
If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims.
If it is determined or suspected by DwellAssured, Inc. in its sole discretion that you are misusing or attempting to misuse or circumvent the DwellAssured, Inc. services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by DwellAssured, Inc. , in addition to our right to immediately terminate this Agreement, DwellAssured, Inc. reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us.
You will be liable for any attorneys’ fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Maryland (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Maryland are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the DwellAssured, Inc. Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Maryland, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
You understand and agree that you are not a DwellAssured, Inc. employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. DwellAssured, Inc. does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
You agree not to copy/collect DwellAssured, Inc. content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the Job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in Maryland.