Terms of Service
Please read carefully before using this website.
1. Welcome to TrueDwell.com (the "Site"). The Site is owned by TrueDwell, Inc. ("TrueDwell", "we," "us," or "our"). We provide the Site, related mobile applications (“Mobile Applications” or “Mobile Apps”), if any, and various related services (the Mobile Applications, Site, and various related services shall collectively be known as “Services”) subject to your compliance with these terms, conditions, and notices contained or referenced herein (the “Terms of Service”), as well as any other written agreement between us and you or your company. In addition, when using particular Services, users shall be subject to any posted guidelines or rules applicable to such Services that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service. Each of you or us may also be referred to individually as a “party” and together as the “parties”. BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE. If you are using the Site on behalf of any entity, you represent that you have authority to bind the entity to these Terms of Service, and the words "you" and "your" refer to such entity as well. If you do not have such authority or you otherwise do not accept these Terms of Service, you are not authorized to use the Site.
TrueDwell may modify these Terms of Service at any time by posting the modified Terms of Service on the Site or by notifying you by e-mail, at our option. All changes will be effective upon our posting or sending the e-mail and will only affect your use of the Site after the effective date of the change, unless we say otherwise in the notice. You are encouraged to regularly visit these Terms of Service on the Site. Your use of the Site after we provide notice of changes will be considered your agreement to those changes.
The Site is continually under development, and changes to it, including adding or deleting services and/or features, may be made at any time without notice to you. TrueDwell will not be liable to you or to anyone else for any modifications to the Site. Your sole recourse for any modifications is to terminate your use of the Site as provided below
By registering as an agent or landlord subscriber to the Site, you certify that: (a) you are at least 18 years of age; (b) you have provided (and you will maintain and update) true, accurate, current and complete information about yourself as prompted by our registration form, including if applicable your real estate license number (collectively, your “Registration Information”). If any information you provide is (or we suspect may be) untrue, inaccurate, not current or incomplete, TrueDwellhas the right to immediately suspend or terminate your account and refuse further use by you of the Site.
You may only have one active subscriber account on the Site at any given time. You may not transfer your account to anyone else without our prior written consent. You will be assigned, or you must choose, a user name and password for access to and use of the Site. You are responsible for maintaining the confidentiality of your user name and password and for all activities that occur through use of your account or under your user name and/or password. You agree to promptly notify us of any unauthorized use of your user name, password or any other breach of security that you become aware of involving or relating to the Site and its services by emailing us at [email protected] In order to maintain the security of your account, we recommend that you exit from your account at the end of each session, in particular when using a public or shared computer.
WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Subject to your full compliance with these Terms of Service, you may access and use the Site for your own business purposes in (in the case of agents) assisting renters in securing apartment leases or (in the case of landlords) obtaining renters for your rental properties. All rights not expressly granted are reserved by TrueDwell and its suppliers and licensors. Except as expressly authorized by TrueDwell, you may not use the Site, or any part of it, for any commercial purposes or for the benefit of any third party.
You agree not to access the Site by any means other than through the browser interface we provide - any automated means of accessing the Site, including through use of scripts, robots or web crawlers, is prohibited.
The Site contains proprietary and confidential information that is available only to registered subscribers and is protected by applicable intellectual property and other laws. The content on the Site, including text, information, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, "Materials") and the trademarks, service marks and logos on the Site ("Marks"), are owned by or licensed to TrueDwell, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
You agree that you will not, nor will you permit any third party to:
(a) sublicense, resell, transfer, or assign to a third party your account or use or allow anyone else to use your account on behalf of someone else;
(b) modify, copy or create derivative works of the Site or any Materials, or use the Site, or any part of it, in connection with a competitive product or service;
(c) attempt to access, download, decompile or reverse engineer the software and technology through which TrueDwell provides the Site;
(d) except with TrueDwell's prior express permission, create Internet "links" to the Site or "frame" or "mirror" the Site (or any portion of it) on any other server or wireless or Internet-based device;
(e) attempt to gain unauthorized access to the Site or use any unauthorized means to modify or reroute the Site (or attempt to do so), including by robots, spiders or other automated device, process or means to access any portion of the Site, or to disable or circumvent any technological measure we use to control or limit access or to protect our rights;
(f) use the Site in any manner which could damage, disable or overburden the Site or interfere with anyone else's authorized use and enjoyment of the Site, or send or store material containing software viruses, worms, Trojan horses or other harmful code;
(g) use the Site for an illegal purpose or to induce or encourage illegal activities, or
(h) post any content, or to engage in behavior or otherwise use the Site in a manner, that is harassing, infringing, libelous, invasive of another's privacy, harmful, threatening, fraudulent, deceptive, obscene, or otherwise unlawful or tortious, or that would give rise to civil liability. You may not remove, deface or obscure any of our or our providers', suppliers' or licensors' copyright, trademark and other proprietary notices on, in or associated with the Site.
(i) post any content that violates any US federal, state or local law relating to fair housing, which prohibit discrimination against any person because of race, color, religion, gender, handicap, familial status, or national origin.
As between you and us, all information and other content regarding apartment listings that you upload to the Site (collectively, "Your Listings") will remain your intellectual property.
You agree that by submitting Your Listings to the Site you grant to TrueDwell and its providers and agents a royalty-free, worldwide, full paid-up, irrevocable, non-exclusive right and license to store, use, reproduce, modify and distribute, in accordance with these Terms of Service, Your Listings as part of the operation of the Site, including for technical maintenance, software development, debugging, and backup purposes. You acknowledge and agree that we may use third party technical service providers, such as hosting providers and storage or server operators, third party payment processors, web hosting services providers and web analytics ("Service Providers"), who may have access to Your Listings for purposes of providing services to TrueDwell.
All of Your Listings must be apartments that are currently available, and all information you provide regarding Your Listings must be accurate, including but not limited to address, size and other descriptions of Your Listings. You are responsible for promptly updating information regarding Your Listings, including removing from the Site listings that are no longer available. Any breach of these obligations will entitle TrueDwell to immediately suspend or terminate your account on the Site.
You represent that you have the right to provide, and allow use pursuant to these Terms of Service, all of Your Listings to the Site without violation of any third party rights, these Terms of Service or any laws or regulations. You acknowledge that TrueDwell does not pre-screen Your Listings, but that TrueDwell and its designees have the right (but not the obligation) to refuse or remove any of Your Listings from the Site that violates these Terms of Service, as determined by TrueDwell in its discretion. TrueDwell is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of Your Listings.
You understand that the technical processing and transmission of the Site, including Your Listings, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
For quality control purposes TrueDwell reserves the right to expire listings after they have been on the site for a certain period of time.
For quality control purposes and to provide the best experience to our renters, TrueDwell reserves the right to group your listings with similar listings from other agents and landlords. When listings are grouped together, TrueDwell reserves the right to select which agents are shown and which agents are preselected to be contacted.
TrueDwell may ask you to confirm the continued availability of Your Listings. If you do not respond to the request within the time frame specified, TrueDwell may remove your Listing(s) from the Site.
You may submit only user content to or through the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, (including any offensive language or suggestive content, as determined by us), defamatory, obscene, or pornographic materials, including any nude photographs or images, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site. Furthermore, if legal action is taken against us for your violations of these terms we will hold you liable for our losses resulting from your violation of these provisions or of applicable law, and you agree to fully indemnify us and to compensate us for any resulting losses and related legal costs and expenses incurred in defending ourselves because of your violation of these terms and other rules and conditions posted on the Site.
The Site is used by other agents/landlords and by renters. In addition, the Site may link to third party sites not owned or controlled by TrueDwell. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) or any content therein.
TrueDwell is in no way liable for the actions of any other user of the Site, or for the contents of any third party web sites. The opinions expressed by other users do not necessarily represent those of TrueDwell, nor is TrueDwell responsible in any way for the words or actions of such persons or entities. You are solely responsible for determining whether to extend any contact to a renter and for any and all interactions and transactions with such renter. Further, TrueDwell is not responsible for collection from or payment by renters of any commissions or other amounts owed to you based on use of the Site or contractual relationship with the renter.
When you make an initial contact to any renter subscriber through our Renter Search feature (“Search For Renters”) the commission rate included in that contact will apply to the Listings you attach with such renter subscriber.
You agree to honor your offered commission rate with each renter. TrueDwell considers this to be one of your primary obligations in your use of the Site. If you fail to honor your commission rate or any contact you make to a renter subscriber, TrueDwell may suspend or terminate your account, with or without notice.
You are responsible for paying all amounts owed to TrueDwell regardless of termination of your use of the Site. Upon any termination, we will be under no obligation to provide a monetary refund to you, even if any money is available in your wallet or account on the Site. Upon any termination of your account, we reserve the right to permanently delete all of Your Listings and to terminate your access to and use of the services.
TrueDwell will make available to you one or more Subscription Plans. The terms, features and applicable fees of each Subscription Plan are posted on the Site at http://www.truedwell.com/broker/choose-plan.
Subscriptions will automatically renew for an additional term equal to the length of the original term unless you request cancellation at least one (1) day prior to the renewal date. TrueDwell may change the Subscription Plan features, terms and fees at any time with or without notice, effective upon posting.
You agree to pay all applicable fees for your access to and use of the Site. All fees are exclusive of sales, use, excise or any other taxes, and you are responsible for all such taxes except those based on TrueDwell’s net income or assets. Payment obligations cannot be cancelled, and no payments are refundable.
You must provide TrueDwell with valid credit card information when registering for the Site and its services, and you must notify TrueDwell of any change in that information. Where applicable, TrueDwell charges and collects in advance for use of the Site and its services.
Failure by TrueDwell to receive payment in full when due will entitle us to refuse to post (or remove) your contacts to the Site or remove Your Listings, suspend or terminate your account.
Certain plans allow you to feature or otherwise promote a listing. For quality control purposes, TrueDwell reserves the right to remove any featured listings at any time and for any reason.
The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. TrueDwell assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. TrueDwell is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site.
THE SITE AND THE MATERIALS ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRUEDWELL DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, MATERIALS OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. TRUEDWELL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TRUEDWELL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. WE PERFORM NO BACKGROUND CHECKS ON USERS OF THE SITE AND DO NOT VERIFY INFORMATION SUCH USERS PROVIDE ON OR THROUGH THE SITE. ANY INTERACTION YOU HAVE WITH A SITE USER (INCLUDING ANY RENTER), WHETHER IN PERSON OR REMOTELY, IS AT YOUR OWN RISK.
You agree to indemnify and hold TrueDwell, its employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees) harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys' fees) in connection with your use of the Site, including any of its services, or otherwise resulting from your breach of this Terms of Service.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ALL OF ITS SERVICES IS AT YOUR OWN RISK. As part of this assumption of risk, you acknowledge and agree that you are solely responsible for evaluating the legitimacy and accuracy of renter subscribers' information, including their financial viability, and ability to pay your commission or under the terms of any lease agreement entered into with the renter subscriber.
YOU AGREE THAT TRUEDWELL AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SITE, THE MATERIAL, ANY LISTING OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRUEDWELL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED THE AMOUNTS IF ANY, PAID BY YOU TO COMPANY IN CONNECTION WITH YOUR USE OF THE SITE IN THE PREVIOUS 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
TrueDwell makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by TrueDwell. Views and opinions of users of the Site do not necessarily state or reflect those of TrueDwell. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available as part of the Site.
The Internet may be subject to breaches of security. TrueDwell is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. TrueDwell makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site.
We respect the intellectual-property rights of others and expect users of the Site to do the same. In our sole and absolute discretion, we may terminate the accounts of users who infringe the intellectual-property rights of others. You may contact our agent as indicated below if you believe that a work protected by a U.S. copyright that you own has been posted or stored on the Site without authorization. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive intellectual property right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of your notification is the best way to help us locate content quickly;
iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has 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 statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that the information provided in your legal notice may be forwarded to the person who provided the allegedly infringing content.
Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, so please do not make false claims.
You may contact our agent:
1133 Broadway, New York, NY 10010
After submitting a copyright infringement notification, copyright owners may realize that they misidentified content or that they may otherwise change their mind. As a result, we will honor retractions of copyright claims from the party who originally submitted them. To retract a notification, please send a statement of retraction, the complete and specific URL of the content in question, and an electronic signature to the email address we provide at the end of these Terms of Service.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.
These Terms of Service will be governed in accordance with the laws of the state of New York, without regard to its principles of conflict of laws.
Any dispute relating to the Site or these Terms of Service will be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitration shall be conducted in New York City. Judgment on the award rendered may be entered in any court having jurisdiction thereof.
However, if either you or TrueDwell makes a good faith determination that a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy for a breach of these Terms of Service by the other (including infringement of intellectual or proprietary rights), such action may proceed without first resorting to arbitration.
You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us. Notices and communications to TrueDwell must be sent to the applicable address given in these Terms of Service or to [email protected]
This Site is controlled and operated by TrueDwell by its (and, as applicable, its suppliers' and licensors') offices in the United States. TrueDwell makes no representation that materials or content on or available through the Site are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site and its services from jurisdictions where the contents of the Site and its services are illegal or penalized is prohibited.
If you provide to us in any way any suggestions or comments regarding the Site, you agree that we (and our providers, suppliers and licensors) may use, share, commercialize and exploit any and all such feedback without obligation or liability to you or any third party, in perpetuity. You agree not to submit any feedback that is subject to any third party rights.
These Terms of Service do not create any private right of action on the part of any third party or any reasonable expectation that the Site or Services will not contain any content that is prohibited by these Terms of Service.
If any portion of these Terms of Service is unenforceable, such portion is severable and will not affect the enforceability of the remainder of these Terms of Service. Failure to exercise or enforce any right or term of these Terms of Service is not a waiver. No waiver of any right under these Terms of Service is effective unless and to the extent in writing signed by an authorized representative of TrueDwell.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in any proceedings, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Service or your access to and use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms of Service are personal to you and you may not assign these Terms of Service, or your rights or obligations hereunder, to any third party, without our consent. Any attempted assignment without such consent is void. Any provision of these Terms of Service (including all other incorporated terms) that is intended by its terms to survive termination will survive