DWELLINGS DEFINED, INC. TERMS OF USE

These Terms of Use, which sometimes may be referred to as Terms of Service (the “Terms”) describe the policies and procedures of Dwellings Defined, Inc. (“Dwellings Defined”, the “Company”, “we”, “our” or “us”) on the use of our website. These Terms, the Privacy Policy (the “Privacy Policy”), and any other legal disclaimers or terms of use implemented by us from time to time govern your (a “User”) use of our website and any other websites, domains, sub-domains and technology products associated therewith (collectively, the “Dwellings Defined Website”), your access to the Dwellings Defined Website, and your right to read, upload, edit and publish text, photographs, illustrations, video, audio and/or any other media or content, including Reviews (as defined below) (collectively, “Content”) on or to the Dwellings Defined Website, and all other products and services offered by the Company.

Please read the following carefully: by creating an Account (as defined below) on the Dwellings Defined Website, including, without limitation, use of any of the Dwellings Defined Website and/or downloading or uploading of any Content, or accessing or otherwise using the Dwellings Defined Website, you agree that you have read, understand and agree to be bound by these Terms, the Privacy Policy and any other rules or guidelines that we post from time to time. If you do not agree to all the Terms included herein, then you may not access or use the Dwellings Defined Website. The Dwellings Defined Website is not intended for anyone under the age of 18. If you believe, for any reason, that we have obtained any information from or about a minor that has not been provided in compliance with these Terms or the Privacy Policy, please contact us immediately [email protected].

  1. ACCEPTANCE OF TERMS
    • A. The Dwellings Defined Website is owned and operated by Dwellings Defined. Access and use of the Dwellings Defined Website is provided by Dwellings Defined to you on the condition that you accept these Terms, and by accessing or using the Dwellings Defined Website, you agree to these Terms. By agreeing to these Terms, you are also consenting to (i) the collection and handling of information described in the Privacy Policy, and (ii) if applicable, your receipt of text messages and emails in connection with your use of the Dwellings Defined Website at the telephone number and email address that you provide during registration of your Account (as defined below), including, without limitation, any text messages or emails containing any registration or confirmation information or codes, any text messages or emails containing receipts (if we provide such functionality and you request them) and confirmation messages sent in response to any opt-out request you may make; provided that, if you update such initial telephone number and/or email address in your Account settings, then such text messages or emails will be thereafter sent to such updated telephone number and/or email address. If you do not agree to accept these Terms, you should not access or use the Dwellings Defined Website in any possible form. References to “use,” “access,” or “permission” (to use or access) the Dwellings Defined Website refers to use, access, or permission to use or access the Dwellings Defined Website in any way and to any extent.
    • B. The services that Dwellings Defined provides to consumers in general are subject to these Terms. Dwellings Defined reserves the right to update these Terms at any time with notice posted to the Dwellings Defined Website. The most current version of the Terms can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the Dwellings Defined Website.
    • C. A User’s right to use the Dwellings Defined Website is personal to such User access. Unless expressly stated otherwise in writing and with Dwellings Defined’s express prior consent, any rights in these Terms are not transferable by a User to any other person or entity.
    • D. Dwellings Defined shall have the right at any time to change or discontinue the Dwellings Defined Website and/or any feature or function thereof.
    • E. Dwellings Defined’s Privacy Policy, which describes how we collect and use information from you, is available here: Privacy Policy and at the link titled “Privacy Policy” within the Dwellings Defined Website (including on our homepage).
    • F. If you breach any of the Terms, Dwellings Defined may automatically terminate your use of the Dwellings Defined Website, without notice, and any failure of Dwellings Defined to terminate your access shall not be deemed a waiver thereof with respect to such instance of breach or any subsequent or prior breach.
  2. MODIFIED TERMS
    • Dwellings Defined shall have the right at any time to change or modify these Terms, or any part thereof, or to impose new conditions, including, but not limited to, adding subscription features and access to other electronic resources. Such changes, modifications, additions or deletions (collectively, “Modified Terms”) shall be effective immediately upon notice thereof and your continued use of the Dwellings Defined Website shall be deemed to constitute acceptance of such Modified Terms. Notice of such Modified Terms will typically be given by posting on the Dwellings Defined Website, unless affirmative consent is explicitly required.
  3. CONSENT; CONDUCT
    • A. You affirm that (i) you are at least 18 years of age and are fully able and competent to enter into, and comply with these Terms and (ii) you shall use the Dwellings Defined Website for lawful purposes only. You shall not post or transmit through the Dwellings Defined Website any Content which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. Any conduct by you that in Dwellings Defined’s sole discretion restricts or inhibits any other individual or entity from using the Dwellings Defined Website will not be permitted.
    • B. The Dwellings Defined Website contains copyrighted content, trademarks and other proprietary information, including, but not limited to, text, images, photos, video, graphics and other materials belonging to Dwellings Defined, which are copyrighted as a collective work under the copyright laws of the United States of America and other countries, which extends to the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it (“Dwellings Defined Content”). Except as otherwise expressly permitted, no copying, redistribution, retransmission, publication or commercial exploitation of Dwellings Defined Content will be permitted.
    • C. You may not use, store, display, publish, transmit, distribute, modify, reproduce, or create derivative works of any Dwellings Defined Content, in whole or in part, otherwise as provided to you as part of the services by Dwellings Defined. D. You may not reverse engineer, decompile or disassemble the Dwellings Defined Website (except to the extent specifically permitted by applicable law). You may not use automated web queries (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity in connection with the Dwellings Defined Website); provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Dwellings Defined Website are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent. You agree not to collect or harvest any personally identifiable information (or other information about Users of the Dwellings Defined Website), including account names, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Dwellings Defined Website or features that prevent or restrict use or copying of any Dwellings Defined Content or enforce limitations on use of the Dwellings Defined Website or the Dwellings Defined Content. You may not frame any part of our Dwellings Defined Website, unless we specifically give you our express written consent to do so. You may not use, or attempt to use, the Dwellings Defined Website through any means not explicitly and intentionally made available, provided or intended with respect to the Dwellings Defined Website. You may not harvest information about users of the Dwellings Defined Website for any purpose. You may not use the Dwellings Defined Website in any manner that could damage, disable, overburden or impair the Dwellings Defined Website or that harms Dwellings Defined, its service providers, suppliers or any other person.
  4. USER ACCOUNT; COMMUNICATIONS
    • A. In order to purchase any product and services via the Dwellings Defined Website, you must first register an account on the Dwellings Defined Website (an “Account”).By registering an Account, you represent and warrant that you are capable of entering into a legally binding agreement and that all information submitted by you during such registration or otherwise via the Dwellings Defined Website or other means is truthful, complete and accurate. As part of the registration process, you will be required to: (a) associate an email address with your Account (that will become your username) and establish a password for your Account, (b) associate a phone number with your Account that is capable of receiving text messages, and (c) provide information on the unit style of your rental apartment. You may also be required to submit one or more valid credit cards to be used in processing payment transactions for the products that you purchase via the Dwellings Defined Website. Defined Dwellings does not process payment directly, but rather payment processing is done through Dwellings Defined third party payment processor, The PNC Financial Services Group, Inc.  
    • B. You are solely responsible for maintaining the confidentiality and security of your Account password and for all activities that occur on or through your Account, and you agree to immediately notify Dwellings Defined if you suspect any unauthorized use of your Account or access to your password. Dwellings Defined shall not be responsible for any losses arising out of the unauthorized use of your Account.
    • C. Further, you are responsible for providing and maintaining current, truthful, complete and accurate information for your Account for so long as you continue to use the Dwellings Defined Website. Dwellings Defined may, from time to time, require you to provide additional information in evaluating your registration, Account and eligibility to continue using the Dwellings Defined Website. Dwellings Defined reserves the right, in its sole and absolute discretion, to reject, suspend or terminate your Account (with or without notice), except as otherwise required by applicable law. Your Account will be automatically terminated upon termination of your apartment rental lease. D. You agree and consent to electronically receive all communications, agreements, documents, notices, statements and disclosures (collectively, “Communications”) that Dwellings Defined provides in connection with your Account and your use of the Dwellings Defined Website. Communications will be delivered by (a) posting a notice or message on the Dwellings Defined Website and/or in your Account; or (b) sending electronic mail to the email address associated with your Account. All Communications will be considered received by you within 24 hours of the time such Communication is posted on the Dwellings Defined Website and/or in your Account or emailed to you, as applicable.
  5. CONTENT PROVIDED TO THE DWELLINGS DEFINED WEBSITE
    • A. The copyrights of all Content uploaded by any User are held by such User. Users may not upload Content to which they do not own the copyrights. The Company does not claim ownership of the Content that Users provide to the Company (including, without limitation, feedback and comments). However, by uploading Content, a User is granting the Company permission to use such Content in connection with the operation of its business (including, without limitation, the Dwellings Defined Website), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Content. B. As more fully set forth in the Dwellings Defined Content Guidelines in Section 6 below, the Company is under no obligation to post or use any Content that a User may provide, and the Company may unpublish any Content that it determines to be in violation of these Terms, including the Dwellings Defined Content Guidelines in Section 6 below, or the Privacy Policy at any time. By uploading Content, a User warrants and represents to own or otherwise possess and control all of the rights to such User’s Content as described in these Terms, including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Content. In addition to the warranty and representation set forth above, by uploading a Content, each User warrants and represents that (i) such User is the copyright owner of such Content, (ii) such User has the rights necessary to grant the licenses and sublicenses described in these Terms, and (iii) that each person depicted in Content has provided consent (such as a Model Release) to the use of the Content as set forth in these Terms and the Privacy Policy, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Content.
  6. DWELLINGS DEFINED CONTENT GUIDELINES
    • A. By submitting any review of any Dwellings Defined product or service (a “Review”) or uploading any other Content, you agree that such Review and/or such other Content is governed by, and will comply with the Terms, including the provisions set forth in this Section 6 (the “Dwellings Defined Content Guidelines”), which, among other things, provide us and our retail and promotional partners with the unlimited right to use and re-publish, including in any marketing or other advertising campaigns, any Content and information that you post (including name and location) for any purpose, on and off the Dwellings Defined Website. In addition, any Content and information that you post on and off the Dwellings Defined Website is subject to the Privacy Policy.
    • B. By submitting any Content, you represent and warrant that:
      • You are the sole author of such Content;
      • You are at least 18 years old;
      • If your Content is a Review, such Review represents your honest and truthful opinion; and that
      • Use of the Content you supply does not violate these Terms and will not cause injury to any person or entity.
    • C. For any Content that you submit, you grant the Company, its parent(s), successor(s), affiliate(s) and its retail and promotional partners, a perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, exploit, create derivative works from and/or sell and/or distribute such Content, including your name, likeness, social media handle, screen name, location, and other information about you that you include in the Content, and to incorporate such Content into any form, medium or technology throughout the world without compensation to you.
    • D. Submitted Content is moderated by the Company and will be posted if approved. All Content that you submit may be used at our sole discretion. The Company reserves the right to change, condense or delete any Content on the Dwellings Defined Website that the Company deems, in its sole discretion, to violate the Dwellings Defined Content Guidelines or any other provision of these Terms and/or the Privacy Policy. The Company does not guarantee that you will have any recourse through the Company to edit or delete any Content that you have submitted. Ratings and comments are generally posted within 72 hours of submission. However, the Company reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you are responsible for the contents of your submission.
    • E. We may, in our sole and absolute discretion, modify or remove content posted on the Dwellings Defined Website, including but not limited to Content that includes or constitutes:
      • Inaccurate product information or claims.
      • Any mentions of competitive products.
      • Quality Complaints: Quality complaints are any complaint in which the consumer alleges deficiencies with the quality, durability, reliability, performance, or functionality of a product or its packaging, including its labeling. Product quality complaints should be reported us directly at [email protected].
      • Pornography, inappropriate or lewd material, political Content, or propaganda.
      • Obscene, profane, defamatory Content, data or images.
      • Explicit, graphic or sexual videos, pictures or other Content.
      • Advertising for commercial products and any use of another person’s trademarks, brands, logos or endorsements.
      • Promotion of alcohol, drugs, tobacco use or products.
      • Personally identifiable information such as full names, license plates, phone numbers, personal addresses (physical or email) or website or webpage links.
      • Derogatory characterizations of any ethical, racial, sexual, or religious groups, any assault or threatening of others.
      • Trespassing or violating other people’s rights or property.
      • Illegal, discriminatory, harassing, or other inappropriate activity, behavior or conduct.
      • Content that belongs to a third party.
      • Libel, slander, or defamation.
      • Threats made against others.
      • Predation of minors.
      • Unlawful statements.
      • Any price comparisons or complaints related to a specific dollar amount.
      • Comments regarding ongoing litigation.
      • Any commercial solicitation or advertising.
      • Disclosure of trade secrets, confidential or privileged information.
      • Financial disclosures about the Company and predictions of future performance of the company.
    • The Content on the Dwellings Defined Website is moderated prior to posting for general viewing. No Content shall be construed as an endorsement, affiliation or promotion of any of the products or services discussed. THE COMPANY DOES NOT ENDORSE ANY CONTENT.
  7. Purchasing Items off the Dwellings Defined WEBSITE
    • A. Order Acceptance. You agree that your order off the Dwellings Defined Website is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
    • B. Prices and Payment Terms.
      • All prices, discounts, and promotions posted on the Dwellings Defined Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
      • We may offer from time to time promotions on the Dwellings Defined Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
      • Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Dwellings Defined Website at the time of your order.
    • C. Shipment and Risk of Loss.
      • We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
      • Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
    • D. Returns and Replacements. No returns will be accepted other than in accordance with this Section 7(D). Replacement products are only available for damaged or defective products as described in the applicable Manufacturer’s Warranty (as defined herein). To be eligible for replacement, you must contact us within 3 business days of receiving the item and provide pictures of claimed damage to [email protected]. All products must be kept in their original packaging. If in our discretion we determine that your product is eligible for replacement, you will not be responsible for replacement shipping and handling costs.    
    • E. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all export regulations. You represent and warrant that you are buying products from the Dwellings Defined Website for your own personal or household use only, and not for resale or export. F. Manufacturer’s Warranty. Dwellings Defined disclaims any and all warranties on all furniture, fixtures or equipment you buy through the Dwellings Defined Website. Dwellings Defined agrees that it will pass through to you any applicable manufacturer’s warranty (each, a “Manufacturer’s Warranty”) with respect to any furniture, fixtures, or equipment. The Manufacturer’s Warranties can be found in the description of the applicable products, all of which are listed in the Dwellings Defined shop. The User hereby acknowledges and agrees that any claims it has under the Manufacturer’s Warranty are claims solely against that manufacturer and hereby further acknowledges and agrees that Dwellings Defined shall not have any liability or other obligation with respect to any such warranty claim.
  8. DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF THE DWELLINGS DEFINED WEBSITE; LIMITATION OF LIABILITY
    • A. YOU EXPRESSLY AGREE THAT USE OF THE DWELLINGS DEFINED WEBSITE IS AT YOUR SOLE RISK. NEITHER DWELLINGS DEFINED, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE DWELLINGS DEFINED WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE DWELLINGS DEFINED WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE, PROVIDED THROUGH THE DWELLINGS DEFINED WEBSITE.
    • B. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DWELLINGS DEFINED WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
    • C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DWELLINGS DEFINED IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
    • D. IN NO EVENT WILL DWELLINGS DEFINED, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE DWELLINGS DEFINED WEBSITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE DWELLINGS DEFINED WEBSITE.
    • E. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER DWELLINGS DEFINED NOR ITS AFFILIATES, SERVICE PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR (i) ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE DWELLINGS DEFINED WEBSITE, (ii) ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU OR (iii) FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. F. NEITHER DWELLINGS DEFINED NOR YOU WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND DWELLINGS DEFINED’S OR YOUR, AS APPLICABLE, REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES OR FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS), SUPPLY CHAIN INTERRUPTION, PANDEMICS, OR ENDEMICS. THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF 15 DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THESE TERMS SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THESE TERMS.
  9. NO ENDORSEMENT; LINKS TO THIRD PARTY SITES/MATERIAL
    • The Company does not sponsor, endorse, recommend or approve of any Content submitted to the Dwellings Defined Website by any User. While the Company tries to confirm all such Content meets the requirements of these Terms, the Company cannot and does not represent or warrant that any Content is complete, accurate or not misleading. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by the Company. All non-Dwellings Defined trademarks, product names and logos appearing on the Dwellings Defined Website are the property of their respective owners.
    • The Dwellings Defined Website may contain links to third-party websites, services, offers, activities or other content (collectively, “Third Party Materials”). These Third-Party Materials are not owned or controlled by Dwellings Defined. These Third-Party Materials are provided for your reference and convenience only, and shall not be construed as our endorsement of, sponsorship of or affiliation with a linked website. If you arrive at the Dwellings Defined Website from a third-party link or as a result of any of the prohibited solicitations described in this paragraph, please note that such link to or solicitation for the Dwellings Defined Website does not imply a relationship with, or endorsement of, the third-party website or its content, purpose, policies or practices. Unless Dwellings Defined provides written consent for you do to so, you will not engage in solicitation activities on our behalf that refer potential customers to us including, but not limited to: distributing flyers, coupons and other printed promotional materials or electronic equivalents, verbal solicitation (e.g., in-person referrals), initiating telephone calls and/or sending emails.
  10. MONITORING
    • The Company shall have the right, but not the obligation, to monitor the content of the Dwellings Defined Website, to determine compliance with this Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to refuse to post, unpublish or remove any material submitted to or posted on the Dwellings Defined Website. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
  11. INDEMNIFICATION
    • You agree to defend, indemnify and hold harmless Dwellings Defined, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Dwellings Defined Website by you.
  12. TERMINATION
    • Dwellings Defined may terminate these Terms at any time. Without limiting the foregoing, Dwellings Defined shall have the right to immediately terminate any User’s access to the Dwellings Defined Website in the event of any conduct by such User that Dwellings Defined, in its sole discretion, considers to be unacceptable or in the event of any breach by such User of these Terms or any other agreement referenced herein between Dwellings Defined and such User.
  13. Dispute Resolution and Binding Arbitration
    • A. YOU AND DWELLINGS DEFINED ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
    • B.The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 13. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer’s arbitrator fees.
    • C. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
    • D. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR DWELLINGS DEFINED WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. E. If any provision of these arbitration terms is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
  14. MISCELLANEOUS
    • These Terms shall be construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  15. ACKNOWLEDGEMENT
    • YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM AND AGREE TO BE BOUND BY THEM.
  16. COPYRIGHT NOTICE
    • Dwellings Defined, its logos and slogans are trademarks of Dwellings Defined. All rights reserved. All other trademarks appearing on the Dwellings Defined Website are the property of their respective owners. Any rights not expressly granted herein are reserved.
  17. CLAIMS OF COPYRIGHT INFRINGEMENT
    • If you believe that your work has been reproduced in connection with the Dwellings Defined Website in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent with the following information in writing: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) identification of the copyrighted work claimed to have been infringed; (iii) a description of where the material that you claim is infringing is located within the Dwellings Defined Website; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.

Notification pursuant to the DMCA should be submitted to:

Dwellings Defined, Inc.

122 N Wheaton Ave, PO Box 1054,

Wheaton, IL 60187