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.
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.
Once you have an Account, you may adjust your profile settings.
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.
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:
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.
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.
Should you have any questions or complaints regarding violations of these Terms, please contact us at Dwella Contracting LLC., 1367 Elm Cir N, Fargo, ND 58102.
September 21, 2023
Why we collect personal information
What personal information we collect and when it is collected
How your information is used and protected
When and with whom your information is shared
Your choices regarding your personal information
This policy does not apply to those third-party real estate agents, mortgage and financing providers, other service providers, advertising systems, networks or websites that Dwel has a relationship with or of other companies or individuals that Dweldoes not own, employ, manage or control.
The information we learn from users helps us not only provide the Service but also to personalize and continually improve each user’s experience with the Service. Here are the types of information we gather:
Personal and Home-Specific Information: When you create an account on the Dwel platform, we may ask you for certain limited personally identifiable information such as your name, home address, email address and phone number, which we will use to contact or identify you. We may also request certain other personally identifiable information from time to time as we deem necessary to better provide the Service to you, including your home’s MLS listing, photographs of the home, and information about the home’s features, appliances, warranties, and mortgage information. Most of this information is recommended but not required to be shared with us and can be adjusted or limited depending upon your preferences. You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to register with us or to take advantage of some or all of our features.
To perform the Service, we also collect information through cookies and other automated means. Information of this sort includes:
Technical information about your browser and mobile device: This information is used in the aggregate to help us optimize the Service for common browsers and devices.
Usage information, such as the features and emails from Dwel that you interact with: We collect and use this behavioral information and may use it in anonymized and aggregate forms to generate statistics about users and how the Services are being used and to facilitate targeted communications and advertisements but the information is not shared in any form that could be used to identify you personally. Please see “How we use and share the information we collect,” below, for further information and choices about sharing information with third parties.
Targeted Advertising: To support and enhance the Service, we may directly host advertisements from third parties through the Services. We do not permit targeted advertising through third party ad networks
Crashes and error reports: If you encounter a crash or error while using our Service, we may generate a crash report that includes technical, usage and, if you are logged in, your account information so that we can diagnose and potentially prevent the problem in the future.
Information Collected from other Sources. We may also periodically obtain both personal and non-personal information, including publicly available information, about you or your home from your real estate agent, approved service providers such as your home inspector and mortgage provider, contractors and other third parties such as Zillow, Attom Data, or state and local administrative agencies or property databases.
We use the information we collect for things like:
Establishing and managing your account and providing the Service (including creating your personalized account and communicating with your real estate agent, service providers contractor to coordinate projects on your behalf)
Conducting research and analysis
Identifying you on our platform and communicating things like surveys and offers
Operating, evaluating and improving our business model
As a homeowner, you control who can view or access your Account. This means that, if you are a registered user, the content posted on and any activity conducted through the Service is made available only to you and anyone you expressly authorize to access it.
We will not share your personal information or user data or images except to perform the Services as described herein or unless you authorize us to. We may provide aggregate usage and demographic reports and information to service partners to help them understand our audience and target their communications accordingly, but not in a way that could identify our users personally.
Sometimes we may be required to share your information in response to a regulation, court order or subpoena. We may also share information when we believe it's necessary to comply with the law or to respond to a government request or when we believe disclosure is necessary or appropriate to protect the rights, property or safety of Dwel, our customers, or others; to prevent harm or loss; or in connection with an investigation of suspected or actual unlawful activity.
We may also share your information in the event of a corporate sale, merger, acquisition, dissolution or similar event.
Dwel uses reasonable security measures to store and protect the information under our control and appropriately limit access to it. However, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
We use a variety of information security measures to protect your online transactions with us. The Service uses encryption technology, such as Secure Sockets Layer (SSL), to protect your sensitive personal information during data transport.
You may choose to:
Update and correct your personal information
Object to the processing of your personal information
Request to have your personal information or usage data deleted or restricted from our Service
Request for portability of your personal information
Cancel your account
To do any of these, simply notify us of this decision by one of these methods:
Follow the unsubscribe link in any marketing email or following the directions included in any other promotional material received from Dwel
Send an email to us at email@example.com
We will retain your profile information and usage data for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements. In most cases, this period extends to the lifetime of your homeownership. If you close your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions , take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. Deactivating your account does not automatically delete your account or usage data from our database, but regardless of any retention policy we will make reasonable efforts to enable you to delete your profile and personally identifiable information from our database upon request.
Use of the Service is intended for individuals age 18 and above, and we do not knowingly seek or collect personal information from anyone under the age of 18.
September 21, 2023