Terms of Use & Site Usage Agreement

By using this site, downloading data, or subsequently using any reports provided under the DwellingCost.com or DCx subscription services, you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed including but not limited to changes based on the needs of our members, market trends or unforeseen changes in the industry. Your use of the site will be subject to the most current version of this agreement posted on the site at the time of your log-in.

1. GENERAL. By using this service, accessing data and/or generating any reports (the “Services”), you (“Customer”, or “you”) agree to be bound by this Agreement. This Agreement applies to you and, if you are using this website on your client`s behalf, to you and your clients. If you are a State Certified or State Licensed Appraiser, using the site in connection with an Appraisal or Appraisal Review assignment, your use of the data and reliance in any subsequent report must be consistent with the Uniform Standards of Professional Appraisal Practice (USPAP) and use of your username and password shall constitute a “digital signature” of the Certification in the DwellingCost.com report. Further, you must notify your Clients that they must not rely on the data, information or results for any purpose other than its intended use. Due to the changing costs of materials and labor, the data is valid only for the effective date stated in the report. No party should rely on this data for the purpose of determining the appropriate amount of insurance coverage to place on a dwelling, and DwellingCost.com will not be responsible if used for that purpose.
2. CUSTOMER OBLIGATIONS. As an express condition of the use of the Services, you agree that you are solely responsible for your work product, and any conclusions therein, that your use of the Services are related to. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the DwellingCost.com content, in whole or in part, by any means, except as expressly authorized in writing by us. You specifically agree not to “resell” the data, reports and/or information provided by DwellingCost.com (“Selling” or “Reselling” the data does not mean appropriate use in a subsequent report, such as an appraisal report). Therefore, if you copy, rent, lease, sell, distribute, or create derivative works based on the DwellingCost.com content, reports or information, DwellingCost.com may be entitled to any and all lawful forms of relief including (but not limited to) injunctions, cease and desist orders, as well as being entitled to any revenue and/or profit generated by using the data in a way that is prohibited by this agreement. This site is owned and operated by DwellingCost.com. All information, tools, proprietary models, graphics, audio and video materials and related informational materials provided in any form of media including related text, formulas, or explanatory information (collectively referred to as Data) are owned by DwellingCost.com and by our partners. All Data is protected by US and international copyright laws. You agree not to use automated software or other crawling techniques for searching our web site and/or to retrieve Data or related information. You agree not to generate reports for the purpose of “reverse engineering” the site and attempting to obtain proprietary information such as multipliers, models, formulas or other proprietary data. If you become aware of any unauthorized use of the Services, including via shared access to your account, Customer agrees to cease immediately and notify DwellingCost.com immediately.
3. COMPLIANCE. DwellingCost.com may immediately revoke a membership and any licenses granted to you without notice if you fail to comply with any provision of this agreement. If membership is revoked, you agree to immediately stop using this site and the Data, delete all Data and all copies of data, and destroy all other information, except as required by Law, USPAP or other binding requirements. Your use of this site and its Data or the results shall comply with applicable law, regulations or professional Standards. DwellingCost.com may restrict or remove your access to this site at any time, or restrict or remove the use of any data, reports or analyses for any reason, and may replace them at the discretion of DwellingCost.com and its partners.
4. ACCURACY DISCLAIMER. Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. While we feel very confident in the model's ability to, on average, provide an extremely accurate set of indicators, outliers do occur. You should be aware that your search may display results that may be inaccurate or inappropriate. You are solely responsible for determining whether your use of any data, report or analyses is appropriate and if it will lead to a credible conclusion. Only you can ultimately determine whether you are competent to complete the analyses. You should not rely solely on the information provided by DwellingCost.com or its partners. If you are unsure whether the results of analyses are credible, you are responsible for determining whether your use is appropriate and will result is a credible conclusion. DwellingCost.com will not be responsible for an analysis that is conducted improperly due to a lack of competence or lack of understanding of commonly accepted practices. It is the Users responsibility to use the site, data and results appropriately. If you allow another party (including, but not limited to assistants, trainees, collaborators, etc.) to use the website, tools or other information, you are solely responsible for determining the competency of that individual, and whether the analyses and/or results are appropriate. In addition, their assistance must be provided in compliance with applicable law, regulations and professional Standards.
5. AVAILABILITY. While DwellingCost.com attempts to make the Subscription Service available 24 hours a day, 7 days a week, there my be planned down-time for maintenance or updates. We will make reasonable efforts to notify members of planned down time. Additionally, down-time may occur for unforeseen reasons such as network or server problems, and/or security issues. DwellingCost.com is not responsible for any losses due to down-time and damages are limited to providing a prorated refund for any significant amount of down-time. DwellingCost.com makes reasonable efforts to solve all issues related to technical support or requests for support or instruction, however, DwellingCost.com is not responsible for damages due to the lack of availability of the website or of any data or analyses.
6. TERM AND TERMINATION. DwellingCost.com is a Subscription Service. During the Subscription Term, we will provide you access to use the Subscription Service as described in this Terms of Use Agreement. After the initial 15 day trial period, you must prepay the subscription dues, by credit card, for the desired term (monthly or annually) or your service will be discontinued. You must renew the subscription monthly or annually or the subscription will be discontinued. The initial subscription term shall begin on the effective date of your subscription and expire at the end of the period selected during the subscription process. Unless one party gives the other written notice that it does not intend to renew the subscription, this Agreement will automatically renew for the same period as the Initial Subscription. Written notice of non-renewal must be sent no more than ninety (90) days but no less than ten (10) days in advance of the end of the Subscription Term by submitting a cancellation request ticker or calling (800) 999-4221. The Renewal Subscription will be subject to the current terms and conditions of this Agreement.
7. BILLING AND PAYMENT. You authorize us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. All fees are due and payable in advance throughout the Subscription Term. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. You agree to keep your contact information, billing information and credit card information up to date. Changes may be made on your Billing Page within your DwellingCost.com portal. If you wish to cancel your account, you may do so at any time, however, not updating your credit card information does not constitute cancellation and we reserve the right to use a third party service to update the credit card information on file, when it has not otherwise been updated by you. If your subscription is not renewed, or is revoked, you must not reuse the data for future reports or for future assignments, whether related to the same subject property or not. Limits may apply to the number of uses, analyses or reports. Unlimited “Single user” membership is intended for the business use of one individual. Multiple user licenses are available. Data and/or reports cannot be shared or resold (per this Terms of Use Agreement). If usage is detected that appears to significantly exceed the typical usage of a single individual, DwellingCost.com reserves the right to contact the account holder in order to determine if usage is consistent with this Terms of Use Agreement and/or cancel the account, at any time, with a prorated refund.
8. WARRANTIES/DISCLAIMER. You represent and warrant that you have the authority to enter into this Agreement and grant the rights set forth in this Agreement. Further, you represent and warrant that (a) this Agreement is a legal, valid and binding obligation and is enforceable against you in accordance to the terms of the Agreement, and (b) you will comply all applicable laws in connection with the performance of this Agreement.
9. LIMITATION OF LIABILITY. THE SERVICES AND ALL MATERIALS PROVIDED BY DWELLINGCOST.COM IN CONNECTION WITH THE SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCCURACY, COMPLETENESS OR ANY RESULTS TO BE ACHIEVED HEREFROM. DWELLINGCOST.COM DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. EXCEPT AS EXPRESSLY PROHIBITED BY LAW, DWELLINGCOST.COM SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE ARISING FROM YOUR RELIANCE ON INFORMATION, INSTRUCTIONS OR DIRECTIONS PROVIDED BY DWELLINGCOST.COM. IN NO EVENT WILL DWELLINGCOST.COM OR ITS AFFILIATES BE LIABLE FOR ANY PUNITIVE, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST REVENUES, DAMAGE TO GOODWILL OR REPUTATION, AND REGARDLESS OF WHETHER THE CLAIMS ARE BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DWELLINGCOST AND ITS AFFILIATES FOR ANY CLAIM UNDER THIS AGREEMENT IS LIMITED TO THE THEN-CURRENT PRICE OF AN ANNUAL SUBSCRIPTION FOR THE SERVICES. IN ALL CASES, DWELLINGCOST AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLE FORESEEABLE.
10. INDEMNIFICATION. If you are a business or proprietor, or are using DwellingCost.com data as part of a work product, or anything reasonably construed as a work product, then, unless prohibited by applicable law, you will defend and indemnify DwellingCost and its affiliates against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from (a) your misuse of the Services either in part or in their entirety, (b) your violation of the terms of this Agreement, or (c) any content or data shared with the services by you.
11. FORCE MAJEURE. DwellingCost shall in no way be responsible for failure, delay or performance if caused by: an act of war, hostility, or sabotage; acts of God; internet outage that is not reasonably caused by DwellingCost; government restrictions; or other events outside of DwellingCost’s reasonable control.
12. MISCELLANEOUS. DwellingCost.com may modify the Services from time to time, including by adding or deleting features and functions, in an effort to improve your experience. We might provide some elements of the Service through third party providers. Further, DwellingCost.com may, in its discretion, update this Agreement periodically and without notice. All changes will be effective within seven days and will be made retroactive unless explicitly stated otherwise. If you do not agree any modification to the terms of this Agreement, you should discontinue your use of the Service immediately. Your (a) continued use of the Service or (b) continued payment under the terms of this Agreement, constitutes your acceptance of the modified Agreement. The website is published primarily in English. Where DwellingCost.com or others have provided you with a translation of the English language version of this page or the Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with DwellingCost.com. If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence.