Terms of Use

Disclaimer of Warranties

YOUR USE OF THE COMPANY CONTENT, ANY THIRD PARTY CONTENT, ALL PURCHASES, SALES, AND OTHER TRANSACTIONS, AND ANY PRODUCTS AND/OR SERVICES PURCHASED, SOLD, OR OTHERWISE OBTAINED THROUGH THE SITE (INCLUDING WITHOUT LIMITATION, THE SERVICES) IS AT YOUR OWN RISK. THE COMPANY CONTENT, ANY THIRD PARTY CONTENT, ALL PURCHASES, SALES, AND OTHER TRANSACTIONS, AND ANY PRODUCTS AND/OR SERVICES PURCHASED, SOLD, OR OTHERWISE OBTAINED THROUGH THE SITE (INCLUDING WITHOUT LIMITATION, THE SERVICES) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY AND ITS AFFILIATES AND/OR RELATED ENTITIES, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OWNERS, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, ADVISORS, INSURERS, ATTORNEYS, VOLUNTEERS, REPRESENTATIVES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, "RELEASEES") BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE.

IN NO EVENT SHALL THE RELEASEES BE LIABLE FOR ANY CLAIMS OF INJURY, DEMANDS, LIABILITIES, DAMAGES, LOSSES, SUITS, DEMANDS, CAUSES OF ACTION OR OTHER CLAIMS OF ANY NATURE WHATSOEVER IN EXCESS OF THE AMOUNTS YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT.

The limitations of liability set out above do not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You hereby agree to defend, indemnify, and hold harmless the Releasees from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site and/or other Company Content.

The Company reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the Company's written consent.

Governing law and jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of North Carolina 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 of Use or the Site shall be instituted solely and exclusively in the federal or state courts having jurisdiction in Mecklenburg County, North Carolina.

Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Site to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying North Carolina law.

Limitation on time to file claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE COMPANY CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Your comments and concerns

This Site is operated by Dwellyo LLC.

All notices of copyright infringement claims should be sent to support@dwellyo.ai.

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to support@dwellyo.ai.