Terms & Conditions

1. ACCEPTANCE

By signing up for an account, visiting or otherwise using dwellagent.com including, but not limited to, all content, uploads and user submissions available through dwellagent.com (hereinafter “DwellAgent” or the “Site”), you agree to the terms and conditions contained herein and the terms and conditions of the Elephant Rock Ventures, LLC d/b/a DwellAgent (“Elephant Rock”, “we”, “us”, or “our”) Privacy Policy incorporated herein, and all future amendments and modifications (collectively referred to as the "Agreement"). If you do not agree to be bound by the terms and conditions contained herein, you are not permitted to visit, sign up for an account, or otherwise use the Site.

The terms and conditions of this Agreement are subject to change by Elephant Rock at any time in our sole discretion and you agree to be bound by all modifications, changes and/or revisions. If you do not agree to be bound by any and all modifications, changes and/or revisions of the Agreement, you are not permitted to visit, sign up for an account, or otherwise use the Site.

The terms and conditions contained herein apply to all users of the Site whether a “visitor” or “account holder” and you are only authorized to use the Site if you agree to abide by all applicable laws and be legally bound by the terms and conditions of the Agreement.

2. DESCRIPTION

Depending on the account options chosen, the Site allows for uploading, sharing and general viewing of various types of content concerning the purchase and/or sale of real estate. The Site contains content, information and other materials posted/uploaded by account holders. We allow users to view the content and the Site subject to the terms and conditions of this Agreement.

We reserve the right to discontinue any aspect of the Site at any time. We also reserve the right to cancel and/or terminate accounts at our discretion and at any time.

The Site may contain certain links to third party websites which are in no way owned or controlled by us. We assume no responsibility for the content, privacy policies, or practices of any and all third party websites. We cannot change or edit the content of third party sites. You acknowledge that we will not be liable for any and all liability arising from your use of any third-party website.

Any illegal and/or unauthorized use of DwellAgent is prohibited.

3. CONDUCT

You acknowledge and agree that you shall be solely responsible for your own submissions and the consequences of posting, uploading, publishing, transmitting or otherwise making them available on DwellAgent.

You agree that neither you nor others using your account or IP address will post, upload, publish, transmit or make available in any way on DwellAgent, content which is illegal, unlawful, fraudulent, deceptive, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, invasive of one's privacy, hateful, or racial.

You agree that neither you nor others using your account or IP address will post, upload, publish, transmit or make available in any way on DwellAgent, software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment.

You agree that neither you nor others using your account or IP address will post, upload, publish, transmit or make available in any way on DwellAgent, content which is intentionally or unintentionally violative of any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere.

You agree that neither you nor others using your account or IP address will use DwellAgent in any way that exposes Elephant Rock to criminal or civil liability.

You agree that Elephant Rock shall have the right to determine what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein.

4. INTELLECTUAL PROPERTY

The content contained on the Site, with the exception of user submissions, are owned by and/or licensed to Elephant Rock subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions.

The content on the Site is provided to you for your information and use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

5. USER SUBMISSIONS

Depending on the account options chosen, the Site permits the submission of communications and the hosting, sharing and publishing of such user submissions.

You shall be solely responsible for any and all of your own user submissions and the consequences of posting, uploading and publishing them. Furthermore, with user submissions, you affirm, represent and/or warrant that:

  1. You own or retain the necessary licenses, rights, consents, and permissions to use and authorize us to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions in the manner contemplated by the Site and these Terms of Service;
  2. By submitting to DwellAgent, you hereby grant Elephant Rock a worldwide, non-exclusive, royalty-free, sublicense and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submissions in connection with the Site and Elephant Rock’s (and its successor's) business; and
  3. No submission is intentionally or unintentionally violative of any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere.

In submitting material, you further agree that you shall not:

  1. Publish falsehoods or misrepresentations that could damage Elephant Rock or any third party;
  2. Submit material that is obscene, illegal, deceptive, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or
  3. Impersonate another person.

Elephant Rock may remove any submission in violation of the Agreement at any time and without prior notice and at its sole discretion and Elephant Rock may terminate a user's access for uploading submissions.

Elephant Rock may at its sole discretion have the right to refuse to publish, remove, or block access to any submission that is available via the Site at any time, for any reason, or for no reason at all, with or without notice.

6. POLICY

Elephant Rock does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and Elephant Rock expressly disclaims any and all liability in connection with any user submission.

7. ADDITIONAL TERMS

You understand and acknowledge that when using DwellAgent, you will be exposed to user submissions from a variety of sources and that Elephant Rock is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions.

You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Elephant Rock with respect thereto, and agree to indemnify and hold Elephant Rock, its Owners, members, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Site.

Elephant Rock assumes no responsibility whatsoever for monitoring DwellAgent for inappropriate or illegal content or conduct. If at any time Elephant Rock chooses, in its sole discretion, to monitor the Site, however, Elephant Rock assumes no responsibility for the content, no obligation to modify or remove any content, and no responsibility for the conduct of the user submitting any such content.

8. FEES

You acknowledge that Elephant Rock reserves the right to charge for DwellAgent and to change its fees from time to time in its discretion.

The purchase price of the account option you choose will be billed to your credit card and will automatically renew your subscription at the end of your agreed upon term at the prevailing rate. Account holders may cancel their subscription at any time by notifying us in writing. Upon receipt of notice of cancelation, the subject account will be cancelled and/or terminated at the conclusion of the billing cycle and your credit card will not be billed again.

9. WARRANTIES

You represent and warrant that all of the information provided by you to Elephant Rock to participate in the Site is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

You acknowledge and agree that data collected and maintained by Elephant Rock with regard to its users may be disclosed in accordance with the Privacy Policy.

10. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF DWELLAGENT SHALL BE AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, ELEPHANT ROCK, ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.

ELEPHANT ROCK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE;
  3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
  5. BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR
  6. ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA DWELLAGENT

ELEPHANT ROCK DOES NOT WARRANT, ENDORSE, GUARANTY, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY PARTY THROUGH DWELLAGENT.

DWELLAGENT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

THE LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ELEPHANT ROCK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, DECEPTIVE, OR ILLEGAL CONDUCT OF ANY PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL ELEPHANT ROCK, ITS OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF DWELLAGENT,
  3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
  5. BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR
  6. ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA DWELLAGENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT ELEPHANT ROCK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, DECEPTIVE, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12. INDEMNITY

You agree to defend, indemnify and hold harmless Elephant Rock, its officers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  1. Your use of and access to DwellAgent;
  2. Your violation of any term of the Agreement;
  3. Your violation of any third party right, including without limitation any copyright, property, or privacy right; and/or
  4. Any claim that one of your submissions caused damage to a third party.

This defense and indemnification obligation will survive this Agreement and your use of DwellAgent.

You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Agreement, and to abide by and comply with it.

13. ASSIGNMENT

The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Elephant Rock without restriction.

14. SEVERABILITY

If any term, clause or provision of the Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

15. JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of Massachusetts, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in Massachusetts. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.