Terms of Use | Dwellin

Mobile Application Terms of Service

This Mobile Application Terms of Service (“Terms”) is a binding agreement between you (“End User” or “you”) and Dwellin, Inc. (“Company”). These Terms govern your use of the Dwellin mobile application (including all related documentation, the “Application”). The Application is licensed, not sold, to you. These Terms apply to the purchase and sale of subscriptions and services through the Application. These Terms are subject to change by Company without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted in the Application, and you should review these Terms before purchasing any services that are available through the Application. Your continued use of the Application after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY CLICKING THE “SIGN UP” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY IT, AND (D) ARE NOT PROHIBITED FROM ACCESSING OR USING THE APPLICATION OR ANY OF THE APPLICATION’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION.

End User License Agreement.

License Grant. Subject to the provisions of these Terms, Company grants you a limited, non-exclusive, and nontransferable license to:

download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and

access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 11) made available in or otherwise accessible through the Application, strictly in accordance with these Terms and the Terms of Use applicable to such Content and Services as set forth in Section 11.

License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not:

copy the Application, except as expressly permitted by this license;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;
use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in these Terms, without Company’s prior written consent;
frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service;
use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application; or
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

Reservation of Rights

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under these Terms, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

Collection and Use of Your Information

You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy [https://dwellin.com/privacy-policy]. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

The Dwellin Service

We provide several service and subscription options relating to maintenance and improvement of your residential home. Certain Dwellin options are provided free of charge, while other options require payment before they can be accessed (“Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party services. We are not responsible for the services provided by such third parties.

Order Acceptance. You agree that your order is an offer to buy, under these Terms, the subscription or services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the subscription or services to you. We may choose not to accept any orders in our sole discretion.

Prices and Payment Terms

All prices posted on this Site are subject to change without notice. The price charged for a subscription will be the price in effect at the time the order is placed and will be set out in your order confirmation and in your account settings in the Application. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes will be added to your total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept most U.S. Bank issued credit cards and electronic payment vehicles that may change from time to time for all purchases. 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 all applicable taxes, if any.
As explained in further detail in Sections 6 and 7, Your payment for a Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Dwellin Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

Paid Subscriptions

You can find descriptions of each Paid Subscription and its features in the Application, and we will explain which options are available to you when you create a Dwellin account.

Users who purchase a Paid Subscription may access that Paid Subscription for their own personal use (and for their household members, where applicable) from the moment they submit their payment details successfully to Dwellin and complete the checkout process.
We reserve the right to modify the features and services we provide as part of our Paid Subscriptions from time to time and for any reason.
Paid Subscriptions continue indefinitely until cancelled. You will be billed on a recurring basis on the first day of each billing period and you will pay and you authorize us to charge your payment method the then-current subscription fee.
You may cancel your Paid Subscription at any time by logging into your Dwellin account and following the prompts on the Account page. Unless otherwise indicated, cancellation will take effect from the end of the billing period in which you cancel.

Household Paid Subscriptions

“Household Paid Subscriptions” entitle the paying account holder of the Paid Subscription (the “Primary Account Holder”), together with a specified number of subsidiary account holders (each a “Sub-Account Holder”), to access such Paid Subscription, for their own and each Sub-Account Holder’s personal use

We may, at our discretion, provide features to the Primary Account Holder that are not available to Sub-Account Holder(s).
Primary Account Holders and Sub-Account Holders must be 18 years of age or older.
If the Primary Account Holder cancels the Household Paid Subscription or the account is otherwise suspended or terminated, the Primary Account Holder will automatically be downgraded to the Dwellin Free plan at the end of the then-current billing period and any and Sub-Account Holder(s) accounts will be suspended or deleted.

Trials. From time to time, we may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (“Trial”). Each Trial is made available in connection with a particular Paid Subscription and, in each case, this section on Trials supplements and incorporates by reference the additional terms and conditions for that corresponding Paid Subscription. Each Trial is made available subject to how it is advertised, and subject to the rules on eligibility, availability, and duration and cancellation set out below. Unless otherwise advertised, Trials do not permit or provide access to any third-party services.

Agreement to automatic payment at conclusion of trial. For some Trials, we will require you to provide your payment details to start the Trial (which will be stored and processed in accordance with our Privacy Policy). By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a monthly recurring basis or other interval that we will disclose to you in advance, unless you cancel beforehand through your account on the Application. Each Trial provides access to the Paid Subscription advertised:
- at the price advertised (if any); and
- for an initial introductory period as further described in Section 8.4 below, beginning from the moment that you confirm your purchase of the Trial, by completing the checkout process (the “Trial Period”).
Trial eligibility. In order to be eligible for a Trial, users must satisfy all of the following conditions:
- Unless you are subscribing to a Trial that is advertised as available to past subscribers, you must be a new subscriber to any and all Paid Subscriptions and not have subscribed to, or accepted a trial of, a Paid Subscription at any time in the past.
- If you are subscribing to a Trial that is advertised as available to past subscribers, you must have been a subscriber to the relevant Paid Subscription (as advertised) and your subscription must have expired before the date or time frame advertised.
- Unless otherwise advertised, you must provide Dwellin with a valid and current payment method that is approved by Dwellin.
- Additional eligibility requirements (if any) as advertised from time-to-time in connection with a Trial.
Trial availability. Dwellin will determine your eligibility for a Trial acting reasonably, based on information available to Dwellin. A Trial must be accepted before the applicable offer expiration date advertised, if any. To the extent permitted by applicable law, Dwellin reserves the right to modify, suspend, or terminate a Trial at any time and for any reason by notice to you and with no liability, in which case we will not honor subsequent enrollments for that Trial.
Trial duration and cancellation. In the case of any Trial, the corresponding Trial Period shall continue for the period as advertised, subject to Section 8.3, above. Unless cancelled before the end of the Trial Period, you will automatically become a subscriber to the particular Paid Subscription that you chose to sign up to under the Trial and the payment method you provided will automatically be charged the then-current recurring price on the first day following the end of the Trial on a monthly recurring basis or other interval that we disclose to you in advance. IF YOU DO NOT WANT TO PAY THIS CHARGE, YOU MUST CANCEL BEFORE THE END OF THE TRIAL BY FOLLOWING THE STEPS DESCRIBED IN YOUR ACCOUNT ON THE APPLICATION.
Unless otherwise stated in these Terms or in connection with an offer or Trial, if you cancel a Trial during the Trial Period, you will lose access to the Paid Subscription and your Dwellin account will switch automatically to a Dwellin Free account at the end of the Trial Period.
Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Third-Party Materials in the form of Add-on Services from Promoted Firms.

Third-party Firms offering services on the Application. Within the Application, Company may promote add-on services from one or more third-party companies (each a “Firm”). If you choose to purchase add-on services from a Firm, you will enter a separate agreement with that Firm. Company may facilitate that agreement by accepting payment on behalf of the Firm, and Company may assist you in setting up your account with the Firm or obtaining services from the Firm. Company’s actions to assist you in your interactions with the Firm do not make Company a party to the transaction for add-on services between you and the Firm.
Limitation of liability for actions of a Firm. When a Firm interacts with a User, the Firm is acting on the Firm’s sole behalf and is not a representative or agent of Company. Company does not and cannot guarantee that Firms are capable of or willing to provide the requested services at the time and place requested. You agree that Company is not responsible for the accessibility or unavailability of any Firm or for your interactions and dealings with any Firm, waive the right to bring or assert any claim against Company relating to any interactions or dealings with any Firm, and release Company from any and all liability for or relating to any interactions or dealings with any Firm. If you decide to use the Firm’s services, you and the Firm may enter into an agreement for the Firm to perform services and the User to pay the Firm for the services rendered. This agreement is solely between the User and the Firm. Company is not a party to such agreement, even if the Company assists in collecting payment for the agreement with the Firm, setting up your account with the Firm, or obtaining services from the Firm. Company is not and will not be a party or third-party beneficiary to any agreements entered into by and between you and Firm. Accordingly, please consider carefully before you agree to a Firm’s offered services.
Disclaimer of guarantees or warranties for Firms or their Service Providers. Company requires Firms to provide a description of their services on the Application. This description is self-reported by the Firm. Although Company may take certain steps to examine the credentials of Firms, Company makes no guarantees, promises, warranties, or representations of any kind regarding the skills, expertise, financial stability, quality, value, representations, or any other aspects of such Firms or their services. A Firm is solely responsible for any services that Firm provides through third parties (“Firm Service Providers”). Company has not performed any background checks on Firm Service Providers and has not verified licensing, bonding, or insurance of Firm Service Providers.
Relationship between You, Company, Firm, and Firm Service Providers. Company, Firm, and Firm Service Providers are separate entities and the employee of one of those entities is not an employee of another entity. Company is not an agent of Firm or Firm Service Provider, and Firm or Firm Service Provider are not agents of Company. Company is also not Your agent. In no event will Company be considered an insurer, a contractor, a project manager, a joint employer, a joint venture, or partner of You, Firm, any of Firm’s affiliates, Firm Service Providers, or their respective personnel.
Content and Services. The Application may provide you with access to Company’s website located at dwellin.com (the “Website”) and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by Website’s Terms of Use and Privacy Policy located at [https://dwellin.com/terms-website] and [https://dwellin.com/privacy-policy], which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of these Terms.
Geographic Restrictions. The Content and Services are based in the state of Massachusetts in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

Updates.

Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality.
You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Based on your Mobile Device settings, when your Mobile Device is connected to the internet either (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of these Terms.

Term and Termination.

The term of these Terms commences when you install the Application and will continue in effect until terminated by you or Company as set forth in this Section 14.
You may terminate these Terms by deleting the Application and all copies thereof from your Mobile Device.
Company may terminate these Terms at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms.
Upon termination all rights granted to you under these Terms will also terminate, and you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
Termination will not limit any of Company’s rights or remedies at law or in equity.

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of these Terms, including but not limited to the content you submit or make available through this Application.

Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any provision of these Terms (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond the control of the Impacted Party. The Impacted Party shall give notice within 15 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 60 consecutive days following written notice given by it under this Section 18, the other party may thereafter terminate these Terms upon 15 days’ written notice.

Severability. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.

Governing Law. These Terms are governed by and construed in accordance with the internal laws of the State of Massachusetts without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts in each case located in Boston and Suffolk County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

DISPUTE RESOLUTION AND BINDING ARBITRATION.

YOU AND DWELLIN 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 OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
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 21. (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 Terms are 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.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR DWELLIN 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.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 22 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Dwellin.

No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement. These Terms, the Dwellin Website Terms of Use, and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the provisions of these Terms shall govern.

Terms of Use - App