PLEASE READ THE FOLLOWING TERMS OF SERVICE (the "TERMS") CAREFULLY BEFORE USING ANY dwellingLIVE SERVICE. THE USE OF ANY dwellingLIVE SERVICES WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.
1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at
www.PatrolLIVE.com or
www.dwellingLIVE.com (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms of Use, as they may be amended by dwellingLIVE, Inc. ("Company") from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company's current privacy policy can be found by clicking the "Privacy Policy" link at the bottom of the website. Company's privacy policy is expressly incorporated into this Agreement by this reference.
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.
3. USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to you by Company, for your personal, noncommercial, use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner. You are prohibited from "linking" the Site or the Service to any third party website and Company reserves the right to disable links from third party sites to the website. You are further prohibited from performing meta-searches of the Site or the Service, or sending automated queries to the Site or the Service. Except as expressly permitted in these Terms, you may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. You may not “frame” this Site or any of the content therein, and you agree not to copy any portion of this Site to a server. dwellingLIVE hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and use the services offered on the Site solely for your personal, non-commercial use if you are an individual and solely for business use if you are an organization or agent of your organization. You are authorized to view, e-mail, download, or print copies of the Content solely for your personal, non-commercial use. Whenever you e-mail, download, or print copies of the Content, you must include all copyright and other notices that are included in the Content, including, without limitation, any copyright notices at the bottom of the page. The Content may not be reproduced, transcribed, stored in a retrieval system, translated into any natural or computer language, re-transmitted in any form or by any means (electronic, mechanical, photographic, recorded, or otherwise), resold, or redistributed without the prior written consent of dwellingLIVE. dwellingLIVE reserves the right to revoke these limited licenses generally at any time, and, the foregoing limited licenses will terminate automatically, without notice to you, if you breach any of these Terms. Upon termination or revocation of a license, you agree to remove and disable any and all of your links to this Site immediately and/or immediately destroy any downloaded or printed Content, as applicable. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or Content on any legal basis. All rights not expressly granted by these terms and conditions are reserved. If you use the Content in a way that is not expressly allowed by these Terms, you will be violating copyright, trademark and/or other intellectual property rights laws. The use of any software that dwellingLIVE makes available for download from the Site will be governed by the separate end user license agreement applicable to each software download.
4. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. You further agree not to upload, download, display, perform, transmit, or otherwise distribute to the Site or Service any surveys, contests, pyramid schemes, chain letters, junk mail, spam, unsolicited messages, viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software. You also agree not to use metatag searches of the Site or the Service or create a false identity for the purpose of misleading others. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site or the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company's designated agent at:
dwellingLIVE, Inc.
18881 Von Karman Ave, Suite 420, Irvine, CA 92612
(800) 975-6881
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification: If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): A physical or electronic signature of the user. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. Such written notice should be sent to our designated agent listed above this paragraph.
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. Only the intellectual property rights owner may report potentially infringing items through dwellingLIVE’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
8. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. DWELLINGLIVE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH THE SITE, CONTENT, SUBMISSIONS OR SERVICES PROVIDED ON THIS SITE, OR THE USE OF OR RELIANCE ON ANY OF THE FOREGOING. THEREFORE, YOUR USE OF THIS SITE IS AT YOUR OWN RISK. DWELLINGLIVE PROVIDES THE SITE, CONTENT, SUBMISSIONS AND SERVICES OFFERED ON THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. DWELLINGLIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. DWELLINGLIVE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY, COMPLETENESS, CONTINUITY, OR TIMELINESS OF ANY INFORMATION, MATERIAL, SOFTWARE, TEXT, GRAPHICS, LINKS, VIEWS, OPINIONS, STATEMENTS OR COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, THE SUBMISSIONS, PRESENTED AND/OR PROVIDED ON OR THROUGH THE SITE, AND DWELLINGLIVE HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY OF THE FOREGOING. DWELLINGLIVE DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, MALWARE OR ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE THAT MAY BE INSTALLED ON YOUR COMPUTER, AND YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS SITE IS FREE OF COMPUTER VIRUSES, SPYWARE OR MALWARE OR ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
10. LIMITED LIABILITY. COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
11.TERMS OF SERVICE. Monthly Software Services Fees are due on the 1st of each month's service and considered delinquent by the 10th. A late payment charge of 6% will be applied to the total unpaid balance on your account if full payment is not received by the 10th. Service will be suspended if no payment is received for accounts 60 days past due. A reactivation fee of $150.00 will apply to reinstate service. Monthly Service and hardware costs are subject to an increase of 2.5-to-5% per year. Cancel anytime with 30-day written notice.
12. REGISTRATION AND PASSWORD. You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify dwellingLIVE of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to dwellingLIVE, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or dwellingLIVE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. dwellingLIVE has the right to immediately suspend or terminate your account and refuse any and all current or future use of the dwellingLIVE Site or related products and services (or any portion thereof).
13. AFFILIATED SITES AND THIRD PARTY CONTENT. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned and/or posted to the Site or the Service by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, quality or unlawfulness of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content. Any User Content, including, but not limited to, information, website links, opinions, statements, services, advice, offers, or other content posted on this Site by any person or entity, including, but not limited to, manufacturers, distributors, users, or others, are those of that person only and do not state or reflect the content, information, opinions, statements, services, advice or offers of dwellingLIVE, Inc. Any references to any commercial products or services by trade name, trademark, manufacturer, or otherwise, do not constitute or imply its endorsement, recommendation, or favoring by dwellingLIVE, Inc.
14. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
15. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
16. COPYRIGHT AND TRADEMARKS. All contents of Site or Service are: Copyright © 2008-2013 Company, 18881 Von Karman Ave, Suite 420, Irvine, CA 92612. All rights reserved.
dwellingLIVE, Inc. and dwellingLIVE are trademarks of dwellingLIVE, Inc. and your use of those trademarks are strictly prohibited without the express written consent of dwellingLIVE, Inc. The absence of a name or logo in this list does not constitute a waiver of any and all intellectual property rights that dwellingLIVE, Inc. has established in any of its product, feature, or service names or logos.
17. GOVERNING LAW AND ARBITRATION. The parties to this Agreement agree to arbitrate any and all disputes, claims, or controversies (“claims”) they may have against each other, including their current and former agents, owners, officers, directors, or employees. Such Arbitration must be conducted in the State of California, County of Orange. The parties understand and agree that they are waiving their right to bring such claims to court, including the right to a jury trial. Except as otherwise required under applicable law, (1) the parties expressly intend and agree that class action and representative action procedures shall not be asserted, nor will they apply, in any arbitration pursuant to this Agreement; (2) the parties agree that each will not assert class action or representative action claims against the other in arbitration or otherwise; and (3) the parties shall only submit their own, individual claims in arbitration and will not seek to represent the interests of any other person. The arbitration shall be conducted by a neutral arbitrator in accordance with the American Arbitration Association (“AAA”). The Parties will equally share in the arbitrator’s fee for the proceeding, as well as any room or other charges assessed by the AAA. Either party may file pre-hearing motions directed at the legal sufficiency of a claim or defense equivalent to a demurrer or summary judgment prior to the arbitration hearing. The arbitrator will issue a detailed written decision and award, resolving the dispute. The arbitrator’s written opinion and award shall decide all issues submitted and set forth the legal principle(s) supporting each part of the opinion. The decision or award of the arbitrator shall be final and binding upon the parties. The arbitrator shall have the power to award any type of legal or equitable relief that would be available in a court of competent jurisdiction including, but not limited to attorneys’ fees and punitive damages when such damages and fees are available under the applicable statute and/or judicial authority. Any arbitral award may be entered as a judgment or order in any court of competent jurisdiction. The parties agree that any relief or recovery to which they are entitled arising out of this agreement or cessation thereof shall be limited to that awarded by the arbitrator. This Agreement shall be governed by and shall be interpreted in accordance with the laws of the State of California. The terms of this Agreement shall not be orally modified. This Agreement can be modified only by a written document signed by an authorized representative of the parties to this agreement.
18. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
19. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
20. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
21. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
22. ENTIRE AGREEMENT. This Agreement shall serve as the entire Agreement between You and dwellingLIVE, Inc.
23. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.