Version of: May 17, 2018
Everyday language summaries are provided for your benefit but are not legally binding.
1. Permitted Use of the Site
Our Content is provided for your educational purposes and to inform you about our products and services.
2. Prohibited Use of the Site
By accessing the Site, you agree that you will not:
· Use the Site in violation of the terms of Sell or Dwell, LLC's Acceptable Use Policy attached hereto;
· Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
· Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or any Site, our Platform, or other products and services we provide (collectively, the Site, Platform, and other products and services are our “Service”) in any way;
· Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Sell or Dwell, LLC servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
· Use the Site in any manner that damages, disables, overburdens, or impairs any Sell or Dwell, LLC website or interferes with any other party's use and enjoyment of the Site;
· Mirror or frame the Site or any part of it on any other web site or web page;
· Attempt to gain unauthorized access to the Site;
· Access the Site by any means other than through the interface that is provided by Sell or Dwell, LLC for use in accessing the Site;
· Use the Site for any purpose or in any manner that is unlawful.
Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.
Don’t use our Content or Site illegally or abusively. Comply with our Acceptable Use Policy.
3. Copyrights and Trademarks
The Site is based upon proprietary Sell or Dwell, LLC technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Sell or Dwell, LLC or its licensors (if any). Sell or Dwell, LLC owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. SELL OR DWELL, LLC, the Sell or Dwell, LLC logos, and other marks used by Sell or Dwell, LLC from time to time are trademarks and the property of Sell or Dwell, LLC. The appearance, layout, color scheme, and design of the Site are protected trade dress. Customer does not receive any right or license to use the foregoing. Sell or Dwell, LLC may use and incorporate into the Site or our Service any suggestions or other feedback you provide, without payment or condition. Sell or Dwell is our trademark and we retain all rights to the intellectual property.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to Sell or Dwell, LLC’s designated Copyright Agent. See the Claims of Copyright Infringement instructions below.
The Site and Content belong to us. You are not allowed to re-use it for your own purposes unless we give permission. If you think we have infringed any of your copyrights, see the Claims of Copyright Infringement section below.
4. Links to Third-Party Web Sites
Sell or Dwell, LLC might provide convenience links to third party sites, but we are not responsible for them.
5. Downloading Files
Sell or Dwell, LLC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Files you download from us are not guaranteed as virus-free.
6. Disclaimers; Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELL OR DWELL, LLC AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF SELL OR DWELL, LLC OR ANY OF SELL OR DWELL, LLC’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
We provide the Site and the Content on an “as is” basis and broadly disclaim liability to you.
9. Additional Terms of Service
If you are a customer of Sell or Dwell, LLC or an employee, representative or agent of a Sell or Dwell, LLC customer, your use of the Sell or Dwell, LLC Service is subject to Sell or Dwell, LLC’s Service Terms or other separate agreement with Sell or Dwell, LLC.
Our customers also enter into a separate customer agreement with us. Others may also do so.
10. General Provisions
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Sell or Dwell, LLC therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Sell or Dwell, LLC does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
We may correct errors in the Content but are not obligated to do so.
(c) 2018 Sell or Dwell, LLC. All rights reserved
Claims of Copyright Infringement
Sell or Dwell, LLC respects the intellectual property rights of others, and we ask our users to do the same. Sell or Dwell, LLC may, in its sole discretion, suspend the access or terminate the accounts of users who violate others’ intellectual property rights.
If you believe that your work has been copied in a way that constitutes infringement on Sell or Dwell, LLC’s website, please provide the following information to Sell or Dwell, LLC’s Copyright Agent:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complaining Party”);
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 Sell or Dwell, LLC to locate the material;
iv. Information reasonably sufficient to permit Sell or Dwell, LLC 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.
The Sell or Dwell, LLC Copyright Agent for notice of claims of copyright infringement on or relating to this website (“Notifications”) can be reached either by sending an e-mail to firstname.lastname@example.org or by sending a letter via U.S. Mail to: 5150 Palm Valley Rd. Ponte Vedra Beach FL 32082
Sell or Dwell, LLC Trademark Use
Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or our Service, or any identifier or tag generated by our Service, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.
Revised: May 17, 2018
Please read this Policy to learn more about the ways in which we collect and use your information. If we make any material changes to this Policy, we will notify you in accordance with the process described in the “Revisions or Changes” section of this Policy, below. By using our Services, you consent to our collection, use, and disclosure of your information as described in this Policy.
This Policy is not exclusive. In particular, if you use our Platform, the data that you and your customers submit as you use our Platform will be further governed by the applicable Sell or Dwell, LLC agreement and as required by law.
For the purposes of our Policy, when we refer to “you” or to a “client” we mean any past, current or prospective client or customer of Sell or Dwell, LLC, including any visitor to one of our Sites.
Everyday language summaries are provided for your benefit but are not legally binding.
Collection of Personal Information
What We Collect. In some situations you may provide us with your personally identifiable information, which could include your name, street address, telephone number, email address, job title, payment card number, other financial account number(s), mother’s maiden name or other family names, date and place of birth, photographic image, and any other information we collect about you that by itself is not personally identifiable information but if combined with personally identifiable information could be used to personally identify you.
You may provide us with personally identifiable information when you complete a survey; make a purchase; request customer support; subscribe to certain services, email notifications and/or newsletters; register for our Platform, or register and/or set up an account/profile to access, visit and/or use certain portions of our Sites; provide comments, reviews, feedback, or testimonials about our products or Services; and any other transactions between you and us on or in relation to our Services.We may use your email and other addresses and contact information for customer support, required notifications, product and policy updates, and sales and marketing purposes, but we will not use this information for anything else not described in this Policy.
We may collect your name and other information that identifies you. We will use that information for customer support, required notifications, product and policy updates, and sales and marketing purposes.
Information We Automatically Collect. When you access our Sites whether by computer, mobile phone or other device, we automatically collect certain information about your use of our Sites (“non-personally identifiable information”). This information may include without limitation: URL, geographical location and IDs of your computer, mobile or other device; bandwidth used; system and connection performance; browser type and version; operating system; referral source; length of visit; page views; IP address or other unique identifier for your computer, mobile phone or other device; and your mobile carrier using technologies such as cookies and web beacons.
We automatically collect technical and other information when you visit our Sites.
Data Integrity and Security. We use reasonable and diligent efforts to maintain accurate information on our customers, and have adopted and implemented reasonable industry standard security procedures to protect any such information collected. We constantly monitor our systems, which are protected using industry-standard security measures. Although Sell or Dwell, LLC will use reasonable efforts to secure network communications and our Sites, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.
We try hard to protect your information but cannot guaranty its security.
Access to Client Information; Updating Client Information. A client may (i) access any of their personally identifiable information that we collect and maintain, or (ii) correct, update or delete their personally identifiable information maintained by us, in each case by contacting us by telephone or mail using the contact information provided below. We will try and respond to your request promptly and in all cases within 30 days. To protect client privacy and security, we reserve the right to take reasonable steps to verify a client’s identity prior to granting access to or processing changes or corrections to such information. We will retain a client’s personal information for so long as its account is active or as reasonably needed by us to provide our Services. We may also retain and use such information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Contact us if you need to access, change or delete your information.
How We Use Personal Information
General. Sell or Dwell, LLC may use personally identifiable information to: respond to your inquiries, and/or address other requests or questions; enable your use of the Services; contact you regarding your purchase; consider and respond to your job application; collect payments from you; deliver Services purchased or ordered by you, including through our Platform; send you information and updates related to your purchases; invoice you; email notifications that you have specifically requested; email marketing communications relating to our business that we think may be of interest to you; and email messages containing company news, product or service information. We may also use information collected through our Sites for research regarding the effectiveness of the Sites, the Services, and related marketing, advertising and sales efforts. We may disclose your personally identifiable information (i) to the extent required by law or if we have a good-faith belief that such disclosure is necessary in order to comply with official investigations or legal proceedings initiated by governmental and/or law enforcement officials, or private parties, including but not limited to: in response to subpoenas, search warrants, or court orders; (ii) if we sell or transfer all or a portion of our company’s business interests, assets, or both, or in connection with a corporate merger, consolidation, restructuring, or other company change, or (iii) as otherwise disclosed in the terms and conditions of our agreements with clients, including the separately provided Service Terms applicable to our Services.
We may use your personal information to conduct business with you, market our business to you, and generally improve our business. We may also disclose your information as required by law, if we sell our business, or as we otherwise agree with you.
Email. We may communicate with a client through email using the client’s personal contact information on file in our systems to inform the client of new products, important industry news or information about Services, and upgrades provided by Sell or Dwell, LLC.
We may email you about our business or relevant news.
Disclosures to Third Parties - General. We may disclose information collected from a client to our independent contractors and business partners who have agreed to (i) hold this information in confidence and (ii) not use it for any purpose except to carry out the services they are providing for Sell or Dwell, LLC. Such contractors and business partners include those hosting our Services or other data; managing the functionality of our Services; hosting client relationship management, marketing automation, customer service and other software platforms on our behalf; processing credit or other payment card payments; collecting delinquent accounts; fulfilling and processing orders; delivering products you have ordered; conducting background checks if you submit an application for employment; assisting with marketing and promotions; and enabling us to send you email.
We may disclose your information to our contractors and business partners who have agreed to hold it in confidence and use it only for the services they provide to us.
Disclosures to Third Parties - Specific. Sell or Dwell, LLC has a number of partner programs designed to maximize our clients’ ability to use our Services and to purchase or use complementary products and services that may be used in tandem with our Services. We may disclose information collected from a client to one or more trusted partners for the purpose of such partner(s) providing assistance to the client in its use of the Services and for the purpose of marketing complementary or value-add products and services to the client. In each case such trusted partner will have agreed to (i) hold this information in confidence, and (ii) not use it for any purpose except for the purposes described above.
We may also disclose your information to business partners in connection with your use of our Services and for marketing additional products and services to you.
Disclosures of Aggregate Information. Sell or Dwell, LLC may also disclose aggregate, anonymous data based on information collected from clients. Should a sale of Sell or Dwell, LLC’s business ever occur, collected client information may be transferred along with the sale but the information will be treated in the same manner as set forth in this Policy. In the event of any significant changes to the manner in which your information is handled, we would notify you by a prominent notice on the Sites or by email.
We may use your information on an anonymous basis when aggregating data. We may transfer your information if we sell our business.
Disclosures Made by You within Interactive Areas of a Site. If you use a bulletin board, blog, comment or discussion forum or chat room (collectively, “forums”) made available on a Site or on Facebook, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages, and could be potentially searchable through search engines. We are not responsible for the potential misuse by third parties of any personally identifiable information that you choose to submit in these various forums.
Forums or similar portions of our Sites or third party sites may have different, looser rules regarding your personal information.
Other General Policies Relating to Privacy
Disclosures by Children. We believe that protecting the privacy of the very young is especially important and for that reason we will never collect or maintain information on our Sites from those we actually know are under the age of 13, and no part of our Sites is structured to attract anyone under 13.
We do not design our Sites to attract children under 13 and will not collect or maintain information from them.
Third Party Sites. Our Sites may contain links to third party websites. Please note that the privacy and other policies of any such third party website may differ materially from this Policy. We strongly recommend that clients review the privacy policies of any such third party prior to submitting personally identifiable information. Sell or Dwell, LLC has no control over and is not responsible for the information practices of other websites, including those to which we may link and those which may link to us.
Third party sites are governed by their own privacy policies.
Use of Widgets. We may provide widgets on our Sites that make it possible to share information on third-party platforms. These widgets do not store your personally identifiable information. Our Sites may also include social media features, such as the Facebook® or Twitter® button and similar widgets and interactive mini-programs that run on our Sites (each, a “Feature”). To the extent we use these Features, they may collect your IP address, which page you are visiting on our Sites, and may set a cookie to enable the Feature to function properly. Social media Features and widgets are either hosted by a third party or hosted directly on our Sites. Your interactions with these Features are governed by the privacy statement of the company providing the Feature or widget.
Any features, widgets or mini-programs provided by or for social media sites or other third parties may collect personal information and are subject to the privacy polies of those third parties.
Web Beacons. We may use web beacons to access cookies and count users who visit our Sites or open our HTML-formatted email messages. Web beacons are single-pixel graphic files with a unique identifier, similar to cookies. Web beacons are embedded invisibly on web pages and emails and are stored on a user’s hard drive. You can modify your browser settings to control web beacons.
Our Sites may use web beacons. Your browser probably lets you control web beacons.
Use of Testimonials. We may select and post client testimonials on our Services, which may contain personally identifiable information such as your name and/or the city, state, or country in which you live. We will obtain your consent prior to posting any testimonial with your name. If you post such content, it will be available to other users of the Services. Your posting may also become public and we cannot prevent such information from being used in a manner that may violate this Policy or the law. If you would like us to remove or delete your name or testimonial from our Services, you may contact Sell or Dwell, LLC using the information in the “How to Contact Us” section of this Policy. Note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of our Sites for a period of time.
If we post a client testimonial with your name or other identifying information, it will become visible by third parties or even become public.
Reviews. We may post client reviews on our Sites or Services, which may contain personally identifiable information such as your name and/or the city, state, or country in which you live. When submitting your review you are giving us permission to post your review on our Sites or Services. If you post such content, it will be available to other users of the Sites or Services. Your posting may also become public and we cannot prevent such information from being used in a manner that may violate this Policy or the law. If you would like us to remove your name or review from our Sites or Services, you may contact Sell or Dwell, LLC using the information in the “How to Contact Us” section of this Policy. Note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of our Sites for a period of time.
If we post a client review with your name or other identifying information, it will become visible by third parties or even become public.
Our other terms and agreements with you control dispute resolution and may have different privacy terms. If you use our marketing Platform, you will be making your name and other personally identifying information available to the public.
Revisions or Changes. Sell or Dwell, LLC reserves the right to change this Policy and other policies prospectively at any time, subject to applicable laws and regulations, by posting a revised Policy on the Sites. Regardless of later updates or changes to our Policy, we will never use the information you submit under our current Policy in a new way without first providing you an opportunity to opt out or otherwise prevent such use.
We can change this Policy from time to time.
Opting Out. You may opt out of having your personally identifiable information shared with third parties for reasons other than for the express purpose of delivering the purchased product or service requested and except as required by law. To do this, you may contact our Privacy Officer using the information in the “How to Contact Us” section of this Policy. You may opt out of receiving future promotional/marketing messages from us by contacting our Privacy Officer as described above or by clicking the “Unsubscribe” link found in our email messages. Please note that if you opt out of promotional/marketing messages, you may continue to receive certain communications from us, such as administrative and services announcements and/or messages about your account/profile.
You can opt out of promotional and marketing messages from us.
How To Contact Us. If you have any questions or concerns about this Policy or the way your information is being used by Sell or Dwell, LLC, or should you wish to contact us for any other reason described in this Policy, you can contact us (i) by email directed to email@example.com or (ii) by mail addressed to Sell or Dwell, LLC LLC, 5150 Palm Valley Rd. Suite 202 Ponte Vedra Beach FL 32082
Effective Date of Policy. This Policy was last updated as of the last date set forth above. If you would like to see an earlier version of this Policy, please contact us using one of the methods set forth above and specify the applicable date or time period for the prior Policy version requested.
© 2018 Sell or Dwell, LLC. Any rights not expressly granted herein are reserved by Sell or Dwell, LLC.