Dwel Inc. (“dwel.co”) is a Delaware Corporation operating an online site referred to herein as the Dwel Inc. By registering to allow collection of rent payments through the Dwel Inc. and any related websites and applications owned or operated by or on behalf of Dwel Inc. (collectively, the “Online Exchange”), you (the “Landlord”) agree to be bound by these Terms and Conditions and any further Terms and Conditions referenced herein (collectively, the “Agreement”), and this Agreement is by and between the Parties Dwel Inc. (hereinafter “Dwel Inc.”) and the Landlord. This Agreement is effective (“Effective Date”) as of latest of the date the Landlord registers or the Agreement is updated and posted on one or more of the websites of the Online Exchange. Landlord acknowledges that it has one or more rental properties (“Rental Property” or “Rental Properties”) that are under lease with one or more Tenants (the “Tenant” or “Tenants”).
Websites: Dwel Inc. will provide Landlord with access to and privileges on the Online Exchange as a medium for Tenants to pay rent to Landlord for Rental Properties that are specified by Landlord and accepted by Dwel Inc. (“Designated Property” or “Designated Properties”)
Rent: Dwel Inc. will accept and process payments of rent due from Tenants, acting as an agent of Landlord for the limited purpose of collecting such rent. Within fifteen (15) days thereafter, Dwel Inc. will remit such collected amounts, less any amounts owed to Dwel Inc. by Landlord, by electronic funds transfer to the bank account identified by Landlord and accepted by Dwel Inc. If any Tenant fails to pay rent when due, Dwel Inc. will have no responsibility to contact that Tenant or to take any further steps to collect overdue rent.
Registration: Landlord will accurately provide the information requested on the Online Exchange, and agrees to update such information in a timely manner. Landlord agrees to secure the password used to access the Online Exchange and the associated websites and to treat it as a valuable and confidential trade secret. Landlord acknowledges and agrees to be strictly liable for all uses or actions occurring through any account registered to Landlord in the Dwel Inc. Online Exchange.
Rental Properties: The Landlord’s use of the Online Exchange is strictly limited to accommodating the collection of rent for real property located in the United States and occupied by a Tenant. The Landlord shall use all reasonable efforts to ensure that no Tenant is conducting any illegal activities on any Designated Property.
Permits and Licenses: Landlord will, at its own expense, obtain all permits and licenses required to rent any Designated Property for which rent is being collected hereunder, and will pay and discharge all applicable taxes, fees, and assessments which may be due for renting such property. Landlord is solely responsible for determining the legal requirements for renting property and to hold Dwel Inc. harmless for any failure by Landlord to comply with such legal Requirements.
Premises: Landlord is responsible for all aspects of maintaining each Designated Property rented to a Tenant, and Dwel Inc. will not be involved in any disputes regarding the habitability, equipment, utilities, or other amenities associated with any Rental Property.
Tenant Complaints: Landlord will resolve all Tenant issues arising from, or in connection with, each Designated Property. Dwel Inc. will direct Tenants who contact it with issues related to any of the Designated Properties to contact Landlord via the contact information Landlord has provided in the Online Exchange. If Landlord fails to respond to Tenant issues, or requests from Dwel Inc. related thereto, Dwel Inc. shall be entitled to take actions necessary to ensure compliance, including suspending Landlord's access to the Online Exchange. In the event that Dwel Inc. has a reasonable basis to believe that a transaction conducted on the Online Exchange represents fraudulent activity, Dwel Inc. may, in its discretion, prohibit the transaction. Dwel Inc. will not be liable to Landlord for any such action that results in or prevents a Tenant from paying rent for a Designated Property.
Chargebacks: If Dwel Inc. notifies Landlord of a Tenant chargeback(s) that is not the fault of Dwel Inc. or is related to issues of habitability, constructive eviction, or other disputes related to Landlord's action or inaction or related to conditions of the Designated Property, Landlord must reimburse Dwel Inc. for the Tenant chargeback(s) in accordance with the settlement and payment terms herein. Landlord shall present Dwel Inc. with all information requested in the chargeback notification within five (5) business days of receiving notice.
Monthly Subscription Fee: Within fourteen (14) days of the date that Landlord first registered and for every anniversary thereof, Dwel Inc. will charge Landlord's credit card or accept via Electronic Funds Transfer the amount of the current Monthly Subscription Fee, as specified in the Online Exchange, as posted and as updated from time to time. Any revised Monthly Subscription Fee will be effective as of the date of posting. Landlord agrees that failure to pay its Monthly Subscription Fee may result in a refusal to accept payments from Landlord’s Tenants, and removal of and/or suspension of access to the Online Exchange.
Commissions: Landlord will pay commissions to Dwel Inc. according to the Commission Rate Schedule posted on the Online Exchange, which is subject to revision. Any revised Commission rates are effective as of the date of posting. Dwel Inc shall accept payments
Grant of License by Dwel Inc: Dwel Inc hereby grants to Landlord a non-exclusive, revocable, non-transferable license to promote and offer to Tenants rental payment options on or through the Online Exchange, subject to the terms of this Agreement.
Intellectual Property Rights: All right, title and interest in and to the Online Exchange, and all data collected or stored therein, and all intellectual property rights associated with any of the foregoing, will at all times remain the exclusive property of Dwel Inc. Nothing contained herein will be construed as conferring on Landlord any license to Dwel Inc's intellectual property rights. Intellectual property shall be all intellectual property rights which now or hereafter exist, whether conferred by operation of law, contract, or license, including copyrights, marks, designs, trade dress, trade secret rights, inventions, and technology (whether patentable or not), confidential information, software, databases, algorithms, and other industrial property rights.
Ownership of Content: Dwel Inc and Landlord each agree and acknowledge that, as between Dwel Inc and Landlord, Landlord owns all content uploaded to the Online Exchange by Landlord, subject to a license to Dwel Inc to use the uploaded content for the purpose of promoting the Online Exchange.
Term: The term of this Agreement will commence on the Effective Date, and will continue in effect until such time as revised by Dwel Inc, or terminated by either Party in accordance with the notice and termination requirements set forth below.
Termination: Landlord may terminate this Agreement at any time upon five (5) business days' notice to Dwel Inc. Dwel Inc may terminate this Agreement at any time upon notice to Landlord.
Survival: Any termination of this Agreement will be without prejudice to the rights of either Party against the other in respect of any pre-existing claim, right of payment, and including breach of any of the provisions of this Agreement. Any obligations of the Parties relating to confidentiality, limitations on liability, and indemnification, including any other obligation that by its nature is intended to survive, will survive termination of this Agreement.
Mutual: Each Party represents and warrants that: it has the authority to enter into the Agreement and to perform the acts required of it; and the execution of this Agreement by each Party, and the performance by such Party of its obligations and duties, does not and will not violate any other agreement to which such Party is otherwise bound.
Landlord: Landlord further represents and warrants that:
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, DWEL INC. MAKES NO WARRANTIES AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED WITH REGARD TO THE ONLINE EXCHANGE, ANY SERVICES, AND/OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH ANY LINKS THEREON, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE WEBSITES OF THE ONLINE EXCHANGE ARE PROVIDED BY DWEL INC. ON AN "AS IS" AND LANDLORD'S USE OF THE WEBSITE IS SOLELY AT LANDLORD'S OWN RISK. DWEL INC. DOES NOT WARRANT THAT LANDLORD'S USE OF THESE WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, NOR DOES DWEL INC. MAKE ANY WARRANTY OR GUARANTEE WITH REGARD TO THE TRANSFER OF FUNDS BETWEEN TENANTS AND LANDLORD, OR ANY SERVICES PROVIDED BY DWEL INC. TO LANDLORD IN CONNECTION THEREWITH. THE FUNCTIONALITY PROVIDED BY THE ONLINE EXCHANGE OR DWEL INC. IS NOT AN ARCHIVE; LANDLORD IS SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT ARCHIVAL AND BACKUP COPIES OF ALL INFORMATION, INCLUDING PAYMENTS FROM TENANTS TO LANDLORD.
IN NO EVENT WILL DWEL INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING LOST PROFITS OR REVENUES, OR HARM TO BUSINESS), EVEN IF IT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DWEL INC.'S LIABILITY UNDER THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHER LEGAL THEORY) BE GREATER THAN THE LESSER OF (I) $100 US DOLLARS OR (II) THE TOTAL FEES PAID BY LANDLORD TO DWEL INC. IN THE THIRTY (30) DAYS PRIOR TO THE DATE ON WHICH ANY SUCH CLAIM AROSE.
The Landlord shall indemnify and hold Dwel Inc. harmless against all claims and demands which may be made against Dwel Inc. arising out of the use of the Online Exchange. Additionally, the Landlord shall take out and, for the duration of this Agreement, maintain fully comprehensive insurance policies against all claims made against the Landlord or Dwel Inc. in relation to use of the Designated Properties covered hereunder. The premiums payable in relation to such insurance policies shall be paid by the Landlord who shall, upon request, produce to Dwel Inc. copies of the terms of the insurance policy and evidence of payment of all premiums. The obligations of Landlord to defend, indemnify, and hold harmless Dwel Inc. under this Agreement are independent of each other and any other obligation of the Parties herein.
Definition: Confidential Information shall mean all non-public information, in any format, whether of a technical, business or other nature, including, without limitation, any documents from Dwel Inc., any trade secrets, processes, drawings, models, samples, software, source code, budgets, pricing, or product descriptions, that has been identified as being proprietary and/or confidential or that by the surrounding circumstances ought to be treated as confidential.
Protection: Upon receipt or acquisition of Confidential Information, Landlord shall take all reasonable measures to avoid disclosure or unauthorized use of the Confidential Information, and shall
Exceptions: The provisions of section B, above, will not apply to any information
Security Standards: Landlord acknowledges that to the extent it receives any Tenant credit card data in connection with the Agreement, Landlord is responsible for the security of the credit card data it receives and will comply with current Payment Card Industry Data Security Standards (as updated by the PCI from time to time). In the event of a data breach of a Tenant’s credit card information involving Landlord or Landlord's electronic systems, Landlord will immediately notify Dwel Inc.
Force Majeure: Neither Party will be liable to the other for any failure to perform its obligations under this Agreement to the extent such failure is due to war, riots, embargoes, strikes or other concerted acts of workers, casualties, accidents or other causes to the extent that such failure and the consequences thereof are reasonably beyond the control and without the fault or negligence of the Party claiming excuse.
Enforceability: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. If any provision contained in this Agreement is found to be unenforceable by reason of the extent, duration or scope thereof, or otherwise, then the court making such determination shall have the right to reduce such extent, duration, scope or other provision so that in its reduced form any such restriction shall thereafter be enforceable to the maximum extent permitted by law. The waiver by any Party of a breach of any provision of this Agreement by the other Party, will not be construed as a waiver of any subsequent breach of the same or any other provision of this Agreement, nor will any delay or omission by either Party to exercise or enforce any right or remedy hereunder operate as a waiver of any right or remedy.
Construction: This Agreement, and policies communicated through the Online Exchange govern Landlord's use of the Online Exchange. Dwel Inc. may modify the terms & conditions of this Agreement, or its policies at any time by posting changes on the Online Exchange. Continued use of the Online Exchange by the Landlord after such posting will be considered Landlord's acceptance of the revisions made by Dwel Inc. Landlord shall be required to monitor the terms & conditions of this Agreement for changes. All notices provided by Dwel Inc. through the Online Exchange, or any communications by email or otherwise between the Parties will satisfy any legal requirement that such communications be in writing.
Governing Law: This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey without regard to its conflict of laws rules. The Landlord submits and consents to the exclusive jurisdiction of the state and federal courts of the State of New Jersey, with respect to any legal action between the parties hereto relating to this Agreement.
Relationship of Parties: This Agreement does not create a joint venture, partnership, or other formal business relationship of any kind.
If you have any questions about these Terms, please contact us at email@example.com
Last Updated: 1/1/18
The Online Exchange is intended to facilitate rental payment between a landlord and tenant (“Landlord” and “Tenant”) for the purpose of facilitating rental payments. The Online Exchange is not intended for use by anyone under the age of 18. By using the Online Exchange, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, your use of the Online Exchange is not permitted, and use by persons under that age can be blocked, terminated, and their registration cancelled at any time.
In order to access some features of the Online Exchange, you may be required to register and to select a password and username, which shall consist of an email address you provide ("User ID"). You agree that all registration information provided by you will be accurate, complete, and not misleading. If any of this registration information changes, you agree to promptly inform Dwel Inc. of your updated registration information. A user providing false information or failing to update registration information shall be considered in material breach of these Terms and this may result in cancellation of privileges, termination of your registration, or blocking of your use of the Online Exchange.
Parties that visit or use features of the Online Exchange that are neither a registered Landlord nor a registered Tenant are still bound by the Terms and Dwel Inc. privacy policies to the extent they apply to a user’s activities on the Online Exchange.
If your Landlord has registered with the Online Exchange and has authorized you to make rental payment through the Online Exchange, you may be able to do so, after you have registered on the Online Exchange. Dwel Inc. will provide registered Tenants with access to and privileges on the Online Exchange as a medium for Tenants to pay rent to their Landlords for rental properties that are specified by your Landlord and accepted by Dwel Inc. The Tenant’s use of the Online Exchange is limited to accommodating the collection of rent for real property in the United States that is occupied by the Tenant (“Designated Property”).
Dwel Inc. will accept and process payments of rent due to your Landlord, acting as an agent of the Landlord for the limited purpose of collecting such rent. If you as a registered Tenant fail to pay rent when due, Dwel Inc. will have no responsibility to contact you or to take any further steps to collect overdue rent.
The Tenant agrees that future payments to the Landlord of the Designated Properties will be processed by the Dwolla payment system from your selected account. In order to cancel this authorization, Tenant will change its payment settings within its Online Exchange account.
The Tenant shall not conduct any illegal activities on any Designated Property, although Dwel Inc. will have no obligation to inquire about activities by the Tenant.
The Landlord will be responsible to obtain all permits and licenses required to rent any Designated Property for which rent is being collected hereunder, and the Landlord will pay and discharge all applicable taxes, fees, and assessments which may be due for renting such property. Landlord is solely responsible for determining the legal requirements for renting property and Dwel Inc. has no responsibility for any failure by Landlord to comply with such legal requirements.
The Landlord is responsible for all aspects of maintaining each Designated Property rented to a Tenant, and Dwel Inc. will not be involved in any disputes regarding the habitability, equipment, utilities, or other amenities associated with any Designated Property.
The Landlord will be responsible to handle all Tenant issues arising from, or in connection with, each Designated Property. Dwel Inc. will direct Tenants who contact it with issues related to any of the Designated Properties to contact their Landlords via the contact information each Landlord has provided to the Online Exchange.
In the event that Dwel Inc. has a reasonable basis to believe that a transaction conducted on the Online Exchange represents fraudulent activity, Dwel Inc. may, in its discretion, prohibit the transaction. Dwel Inc. will not be liable to Tenant for any such action that results in or prevents a Tenant from paying rent for a Designated Property.
Dwel Inc. reserves the right to modify these Terms at any time, which modifications will become effective upon posting. For this reason, you agree to review the Terms periodically. Continued use of the Online Exchange after any modifications of the Terms will be considered your acceptance of the modified Terms.
The Online Exchange and its features and content may be modified by Dwel Inc., in its sole discretion, at any time without prior notice. New features, modifications, or enhancements to the Online Exchange shall be subject to these Terms. Dwel Inc. does not and is not obliged to actively monitor or review information uploaded by third parties, links to third party websites, user information, or other materials uploaded or available on the Online Exchange. Dwel Inc. still reserves the right to investigate and take appropriate action, including action against any violator of these Terms, which action may include terminating the registration of such violators or blocking such violators' use of the Online Exchange.
You are responsible for safeguarding your password. You are responsible for all authorized and unauthorized activities that take place under your User ID and password. You agree to immediately inform Dwel Inc. of any unauthorized use of your User ID or password that you become aware of.
Upon acceptance of your registration by Dwel Inc., Dwel Inc. grants you a limited license to make use of the Online Exchange for making rental payments. Except as noted herein, users of the Online Exchange are not conveyed any rights to any intellectual property of Dwel Inc. or any third party, including copyright, marks, and patents. Unauthorized use of the Online Exchange will terminate any permission or license granted hereunder. Dwel Inc. does not endorse or guarantee the accuracy of any content posted on the Online Exchange by others.
You agree you that you will not reformat or frame any portion of the Online Exchange, or create thereon user accounts that are false. You also agree that you will not retrieve or index any portion of the Online Exchange using any automated means or application. Except as permitted herein, you will not commercially exploit the Online Exchange by any unauthorized means, including renting, licensing, selling, reverse engineering, translating or reproducing the Online Exchange or any portion thereof.
You agree not to frame any Dwel Inc. content, marks, images or other proprietary information on the Online Exchange without written consent by Dwel Inc. Also, you agree not to use any hidden text such as meta tags that use Dwel Inc. name, trademarks, or service marks without Dwel Inc. written consent.
You agree you will not compromise the security of the Online Exchange or gain unauthorized access to any computer, network, device or system associated with the Online Exchange. Also, actions resulting in removal from the Online Exchange of any copyright notice, mark notice, or other notice of intellectual property rights are forbidden.
You agree you will not transmit unsolicited electronic communications to other Users of the Online Exchange, or any virus, worm, defect, Trojan horse or other feature designed to damage or degrade the operation of the Online Exchange. You agree you will not subject the Online Exchange or its associated systems to an unreasonably large data or traffic load. You agree not to interfere with other users' enjoyment of the Online Exchange.
You agree not to transmit to the Online Exchange any content that infringes or otherwise violates any intellectual property rights of another, including rights under any copyright, patent, trademark, service mark, trade secret, or privacy right or any other proprietary right of any party.
You agree not to post any material that is false, misleading, or fraudulent. You agree not to submit any unlawful, obscene, pornographic, patently offensive, harassing, defamatory, or threatening material or to submit content that encourages illegal activity. You agree you will not use the Online Exchange in violation of any applicable local, state, federal or international law.
Dwel Inc. reserves the right to remove any user content that in its judgment violates any of the restrictions or guidelines defined in these Terms or that may interfere with the right or safety of others.
By uploading content to the Online Exchange, you hereby grant Dwel Inc. an irrevocable, royalty-free, worldwide license and right to use and distribute such content or incorporate it into other works with or without attribution.
If you submit to Dwel Inc. suggestions regarding any concepts or ideas, you acknowledge that Dwel Inc. may be working on similar concepts or ideas, or they may be already known to Dwel Inc. or legally available to Dwel Inc. from third parties. No suggestions submitted by you shall be held in confidence by Dwel Inc.
All materials placed on the Online Exchange by Dwel Inc. and all intellectual property rights associated therewith (including copyrights, service marks, and trademarks) are owned by Dwel Inc. or its licensors, and you are not granted any rights with respect to that material.
Dwel Inc. may display advertisements from third parties on the Online Exchange, such as banner advertisements, pop-up texts, and links to third party sites. Dwel Inc. is not responsible for the content of such advertisements, or for any goods or services promoted by these advertisements. The display of any such advertisements does not imply endorsement by Dwel Inc.
You agree that under these Terms, you and Dwel Inc. are each waiving the right to initiate litigation in court for the purpose of asserting or defending rights under these Terms. You specifically waive the ability to participate in a class action.
ALL DISPUTES BETWEEN YOU AND Dwel INC. RELATING IN ANY WAY TO THE ONLINE EXCHANGE, THESE TERMS, OR THE RELATIONSHIP BETWEEN YOU AND DWEL INC. (INCLUDING THE STATUS OF RENTAL PAYMENTS MADE THROUGH THE ONLINE EXCHANGE, DWEL INC. ADVERTISEMENTS AND DISCLOSURES OR THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE ONLINE EXCHANGE), WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW JERSEY, EXCEPT FOR INSTANCES WHERE YOU HAVE VIOLATED ANY OF DWEL INC. INTELLECTUAL PROPERTY RIGHTS.
To institute such an arbitration, you must first send a written notice of the dispute to Dwel Inc., by certified mail. This notice must be mailed to Dwel Inc. Inc.; 28 VanHolten Road; Basking Ridge, NJ 07920. The Notice shall describe the nature of the dispute and the relief sought. If the dispute is not resolved within thirty (30) days after the Notice is received, either party may commence arbitration.
All arbitrations will be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award, unless legally defective in some way recognized by a court of competent jurisdiction, is binding and may be entered and enforced in any court of competent jurisdiction. Unless you and Dwel Inc. agree otherwise, no arbitration brought hereunder is to be joined to another arbitration involving another party that is subject to these Terms, and no arbitration is to be conducted as a group arbitration, or with the arbitrator acting as a class representative, private attorney general or with the arbitrator conducting a class proceeding.
Each party to an arbitration will pay its own legal fees, experts’ fees, and costs incurred by that party with respect to all claims presented during the arbitration. The arbitrator may award monetary or equitable relief in favor of only the individual party seeking relief.
YOU AGREE NOT TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST DWEL INC. IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE ONLINE EXCHANGE. THIS PROVISION WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND DWEL INC.
You agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Terms and any dispute arising between you and Dwel Inc.
These Terms do not create any agency, partnership, joint venture, or employment relationship. You have no authority to bind Dwel Inc. in any respect whatsoever. Dwel Inc. may provide you with notices, including notices regarding changes to these Terms or to the Online Exchange, by email, regular mail, or postings on the Online Exchange.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
Last Updated: 1/1/18
Dwel Inc. may collect your full name, email address, mailing address, telephone number, mobile phone number, banking information or credit card number (personally identifiable information, or hereinafter “Personal Information”) from you when you voluntarily submit information to Dwel Inc., such as when you register to have rental payments transferred through the Online Exchange, or when you sign up for one of Dwel Inc. services or programs. Dwel Inc. may also collect Personal Information from you in other ways. For example, if you participate in sweepstakes, contests, surveys, and polls; or use any of the features of the Online Exchange that permit you to provide Personal Information.
Dwel Inc. may collect other information about you directly from you, or from third parties such as public databases, social media platforms, and from others.
Dwel Inc. may use the information Dwel Inc. collects from and about you to: prevent fraud, provide customer service, provide alerts, register you as a registered Landlord or Tenant ("Registered User"), and to send you information regarding the Online Exchange, as well as information about Dwel Inc. products, programs or services. Collected Personal Information may also be used to customize your interactions with the Online Exchange, and other associated sites. Your Personal Information may also be used for marketing purposes; for example, providing you with information about pertinent offers, products, and services. Dwel Inc. may also use the Personal Information for its business purposes, such as data analysis, developing new products and services, and improving the Online Exchange and Dwel Inc. services.
Some features on the Online Exchange may make use of your device attributes and settings. Such technologies may include location finding, IP address mapping, WiFi, GPS signals, cell tower positioning or other technologies. Dwel Inc. uses this information to enhance and customize your interaction with the Online Exchange and for marketing purposes.
Non-Personal Information may be collected from you by means of cookies, web beacons, local shared objects, and other technologies. Dwel Inc. and Dwel Inc.’s third party service providers can use these techniques to identify your IP address, browser, domain name, referring URLs, and browsing history. This data is used for recognizing your return to the Online Exchange, data analysis, fraud prevention, site improvement, and customizing your interactions, as well as helping Dwel Inc. to improve this the Online Exchange and your overall experience. Dwel Inc. may use and disclose non-Personal Information in any lawful manner and for any lawful purpose.
Dwel Inc. may share your Personal Information with selected third party businesses with which Dwel Inc. has a relationship and which have agreed to appropriate restrictions on the disclosure and use of your information.
In any event, you should review the privacy policies of third parties who publish applications on the Online Exchange, prior to using those applications.
You may disclose your own Personal Information on message boards, chat, profile pages, blogs and other social networking platforms. You should be aware that any information you post or disclose in this manner may be available to some individuals, businesses, or the general public.
Dwel Inc. may share your Personal Information with service providers and other third parties that need access to your information to provide operational or other support services, such as rental payment processing.
Dwel Inc. may provide information about you, which may include Personal Information, as requested by regulatory authorities and law enforcement officials in accordance with applicable law, or when Dwel Inc. believes in good faith that disclosure is legally required. Dwel Inc. may use or disclose your Personal Information in order to protect or defend its legal rights or operations; or to protect the rights, safety or security of others; to protect against fraud, and to allow Dwel Inc. to pursue available remedies or limit the damages to Dwel Inc.
Dwel Inc. may sell, transfer or share Personal Information with third parties in connection with a merger, reorganization, joint venture, assignment, transfer or sale or disposition of all or any portion of Dwel’s business, or in the event of bankruptcy.
The Online Exchange may contain links to other websites or applications that are not owned or operated by Dwel Inc. In addition, the Online Exchange may frame content from third party websites to allow you to view and interact directly with those websites. Dwel Inc. is not responsible for the privacy practices of websites or applications that are linked or framed on the Online Exchange.
The Online Exchange may display ads from third parties. Dwel Inc. may also affiliate with other service providers that will serve ads on Dwel’s behalf on other sites that are not operated by Dwel Inc. Some of those ads are served on the basis of their relevance to you based on information known about you and your browsing history. Dwel Inc. may share your information with Dwel’s service providers to permit service of relevant ads, but this shared information is transformed (hashed) so that you are not personally identifiable from the shared information.
Dwel Inc. may send you e-mails with promotional offers and messages. If you would no longer like to receive such e-mails you can unsubscribe by following the unsubscribe link at the bottom of the e-mail. Please note that you may still receive transactional or relationship or other non-promotional e-mails (e.g. information about a rental transaction, statements, and the like).
Dwel Inc. may use technologies such as LSOs to collect and store information about your use of the Online Exchange for the purpose of fraud prevention and regulating operations on the Online Exchange. If you do not want such information stored on your computer, you should investigate changing the settings of your Flash player.
Your web browsers will most likely allow you to erase or block cookies. If you do elect to disable cookies, you may not be able to take full advantage of services on the Online Exchange.
The Online Exchange is primarily intended for use by adults participating in a lease, i.e. landlord and tenants. Dwel Inc. does not intentionally collect personal information from children under 13 years of age.
Dwel Inc. maintains reasonable safeguards to protect your Personal Information. However you should be aware that no method of security is 100% reliable, and Dwel Inc. cannot be responsible for the unscrupulous actions of those who seek to gain unauthorized access to your Personal Information. Dwel Inc. does not guarantee that its security measures will be effective against all threats
You agree that your Personal Information may be stored and processed in any location where Dwel Inc. or its service providers have facilities. This may result in the transfer of information to anywhere in the United States or to foreign countries, which may have different data protection. The Online Exchange is controlled and operated by Dwel Inc. from the United States and Dwel Inc. does not intend to be subject to the laws or jurisdiction of any state, country or territory other than that of the United States.
Last Updated: 1/1/18