This Agreement sets out the general terms and conditions under which dWellingMonster (a Ceasoned, LLC) agrees to provide, and Customer and End User agree to receive and use, the Services. By accessing or using the Services, Customer, and creating a user account, the End User acknowledges that they have read, understand, and agree to be bound by this Agreement. Those who disagree with the terms of this Agreement should not access or use the Services, and if an account is already created, contact legal@dwellingmonster.com to have all services canceled.
1.1 Authority. The individual agreeing to this Agreement represents to dWellingMonster that they have the authority to bind Customer and any Affiliates to this Agreement.
1.2 End Users. To access or use the Services, an End User must sign up for an End User Account by registering for an account and providing their full legal name, a valid email address, and any other information required by dWellingMonster to complete the registration process.
1.3 Relationship Between Customer and End User. The administrator of Customer’s Account can modify or re-assign roles of End Users and otherwise exercise the rights granted to the Customer pursuant to this Agreement. If a Customer elects to replace the administrator of its Customer Account, such administrator must agree to take any actions reasonably necessary and requested by dWellingMonster or Customer to facilitate such transfer of authority. When utilizing the Services under a Customer Account, End Users may submit Customer Data in and to the Services, such as messages, conversations or files, and Customer may provide dWellingMonster with instructions on what to do with it. For example, Customer may provision or deprovision access to the Services, manage permissions, retention and export settings and reassign inboxes. These choices and instructions of Customer’s administrator may result in the disclosure, modification, deletion or other Processing of certain or all Customer Data.
2.1 Accessing the Services. Access to the Services may is provided by creating an account. Customers may purchase a subscription for each End User who accesses or uses the Services.
2.2 Customer’s Responsibilities Regarding End Users. Customer is responsible for the conduct of its End Users and for ensuring that End Users abide by the terms of this Agreement at all times in connection with their use of the Services. It is Customer’s responsibility to (i) inform End Users of any relevant dWellingMonster policies, practices and settings that Customer elects to enforce related to its End Users’ use of the Services; (ii) give all notices to, and obtain any rights, permissions or consents from its End Users that are necessary for Customer’s lawful use of the Services and the Processing of Customer Data by or on behalf of dWellingMonster in connection with Customer’s use of the Services; and (iii) respond to and resolve any dispute between Customer and an End User related to or based on Customer Data and/or Customer’s Processing of that Customer Data in connection with Customer’s use of the Services.
2.3 Login Credentials. Customer and End User are responsible for all login credentials, including usernames and passwords, and dWellingMonster shall not be liable for any damages or losses that may occur as a result of Customer’s failure, or the failure of End Users, to maintain the confidentiality of their login credentials. End Users are not permitted to share or use the same login credentials to the Services. dWellingMonster reserves the right to refuse registration of or cancel passwords it deems inappropriate. Customer is responsible for notifying dWellingMonster at support@dWellingMonster.com if it becomes aware of any unauthorized use of or access to its Customer Account or any End User Account.
2.4 Acceptable Use. In addition to complying with the other terms set forth in this Agreement, Customer and End User agree to (i) use the Services in compliance with all applicable laws and regulations; and (ii) comply with the terms of dWellingMonster’s End User Conduct and Content Policy.
2.5 Export Compliance. Customer and End User may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. Customer represents that neither it nor any of its End Users are named on any U.S. government denied-party list. Customer shall not permit any End User to access or use the Services in a U.S. embargoed country or region or in violation of any U.S. export law or regulation.
2.6. Equipment. Customer shall be responsible for obtaining, maintaining and securing any Equipment used to access the Services.
2.7 Support and Maintenance. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by dWellingMonster or by third party providers, or because of other causes beyond dWellingMonster’s reasonable control, but dWellingMonster shall use reasonable efforts to provide advance written notice of any scheduled service disruption. dWellingMonster may access Customer Accounts or End User Accounts in order to respond to and resolve support requests.
3.1 Protection of Confidential Information. The Receiving Party agrees (i) to protect the confidentiality of Confidential Information using at least the same degree of care and discretion as it uses with its Confidential Information. Specific data that does not reference Property location and/or Personally identifiable information shall be available, consider dWellingMonster information, and may be anonymized for both marketing and resale purposes. At no time shall individual personal information be disclosed unless the disclosing party accidentally or purposefully places this information in any field beyond Property Location.
3.2 Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent legally required in connection with any legal or regulatory proceeding, or where dWellingMonster is the Receiving Party, in accordance with dWellingMonster’s Law Enforcement Data Request Guidelines; provided, however, that in such event the Receiving Party will, when permitted by law, provide advance notice to the Disclosing Party.
3.3 Equitable Relief. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party may be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law.
4.1 Data Protection. dWellingMonster shall implement and maintain technical, organizational, and physical measures designed to protect the confidentiality, integrity and availability of Customer Data in dWellingMonster’s possession, custody or control.
4.2 Usage Data. Notwithstanding anything to the contrary, dWellingMonster shall have the right where permitted by law to collect, aggregate and analyze anonymized or de-identified data and other information relating to Customer and End Users’ use of the Services, including, without limitation, information concerning Customer Data and data derived therefrom (collectively, “Usage Data”), and dWellingMonster will be free during and after the Subscription Term to use Usage Data to analyze, support, develop, operate and improve the Services and other dWellingMonster offerings and for other lawful business purposes, including without limitation, to generate industry benchmarks or best practice guidance, recommendations, or similar reports.
4.3 Feedback. By submitting any feedback or suggestions regarding the Services, or sharing such feedback with any Representative of dWellingMonster, Customer grants to dWellingMonster an unlimited, irrevocable, perpetual, sub-licensable, transferable, royalty-free license to use such feedback or suggestion(s) for any purpose and without any obligation or compensation to Customer, End User, or any other Customer Representative. No rights or licenses are granted except as expressly set forth herein.
