DVORA LIFE™ RESIDENT COMMUNITY MEMBER TERMS
As a unique benefit to your residency at a DVORA-powered community (“Community”), Dvora Life LLC (“DVORA”) offers numerous premium services and amenities to you (“Dvora Life Services”). By downloading, installing and accessing the DVORA mobile application and by visiting and interacting with the DVORA website (“Dvora App”), you indicate that you have read and understand these terms and conditions (the “Terms”), and agree to be bound by them in their entirety. If you do not understand or have questions about the Terms, immediately stop all use of the Dvora App and contact us at [firstname.lastname@example.org].
Dvora Life Services are available on a subscription or per use basis, depending on the nature of the service. You may choose which Dvora Life Services to purchase or to which you would like to subscribe; however, not all Dvora Life Services may be available in your Community. Unless expressly stated otherwise, all Dvora Life Services are performed by third-party service providers (“Contract Community Members”). A list of available Dvora Life Services is available through the Dvora App.
We reserve the right to change the contents of the Dvora App at any time, with or without notice. The Terms apply only to the Dvora App, and do not apply to any websites or applications, even those controlled by us, that are linked to the Dvora App. For access to the terms and conditions or privacy policies of linked websites, you should refer to the policies of those websites.
The following terms apply to all Dvora Life Services, unless addressed with greater specificity herein with respect to individual Dvora Life Services or terms provided to you by a particular Contract Community Member.
Fees for Dvora Life Services. Dvora Life Services purchased on a subscription basis will be billed to you by DVORA monthly and subsequently paid by DVORA to the Contract Community Member.
Dvora Life Services purchased on a per use basis will be invoiced to you directly by Contract Community Members. You shall comply with all payment terms of the applicable Contract Community Member and pay all fees directly to the Contract Community Member in accordance with the Contract Community Member’s terms.
Fees are not refundable (either in whole or in part) under any circumstances including your non-use of any or all of the Dvora Life Services or the unavailability of the Dvora Life Services.
Failure to pay a Contract Community Member in accordance with its terms may subject you to penalties. DVORA is not responsible for or liable to you for any fee disputes or late fees charged to you by a Contract Community Member, including, without limitation, cancellation fees or other penalties. DVORA reserves the right to terminate or suspend your access to any or all Dvora Life Services in the event of a payment dispute with DVORA or a Contract Community Member.
Complimentary Services. Complimentary Dvora Life Services will be identified as such in the Dvora App. There is no guarantee that any Dvora Life Services will be complimentary, and any complimentary services may become fee-based services at any time.
Changes and Cancellations. You may change, reschedule or cancel Dvora Life Services by contacting the applicable Contract Community Member directly. You are responsible for complying with Contract Community Member’s scheduling and cancellation terms, including, without limitation, paying any penalties, cancellation or rescheduling fees incurred. If a Contract Community Member is unable to access the Community or your residence for any reason, DVORA is not liable or responsible whatsoever for any losses you may incur, including, without limitation, fees or penalties charged by a Contract Community Member.
Changes to Dvora Life Services. We may change, suspend, limit, or discontinue Dvora Life Services, or any portion thereof, or the DVORA Community, at any time without notice. We may amend any of these Terms at our sole discretion with notice to you.
The following terms apply to you for all Dvora Life Services that require entry into your residence (“In-Unit Services“):
Right of Entry Authorization. By using any In-Unit Services, you are authorizing employees of DVORA to unlock, access and enter your residence for the purpose of providing the In-Unit Services for which you have subscribed. You confirm that by purchasing In-Unit Services you have the right to authorize and agree to authorize DVORA employees to unlock, access and enter your residence.
In-Unit Disclaimers. DVORA has no responsibility or liability whatsoever for the acts or omissions of any person to whom you provide right of entry to your residence. DVORA is not liable or responsible to you whatsoever for any early, delayed or missed deliveries, or entries to your residence occurring outside at inopportune, unscheduled or inconvenient times. DVORA is not liable or responsible to you whatsoever for any lost or stolen items, or any damage or injuries to persons or property caused by persons you invite into your residence to provide In-Unit Services or otherwise.
Door Locks and Other Home Automation Hardware. Data from hardware containing our technology (e.g. smart door locks, smart thermostats, etc.) that you buy from us or a third party (each, a “Device“) will be uploaded to the Dvora Life Services. The Devices may not be usable without accessing the Dvora Life Services. You agree not to attempt to probe, scan, or test the vulnerability of any Device, or breach any security or authentication measures, or to reverse engineer, decompile or otherwise attempt to gain the source code for any Device, or bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DVORA or any of DVORA’s providers or any other third party. Certain Devices and Dvora Life Services require a Wi-Fi network connection with an always-on broadband internet connection. It is your responsibility to ensure that you have all required system elements and that they are compatible, up-to-date, and properly configured. You acknowledge that the Devices may not work as described when the requirements and compatibility have not been met. To the fullest extent allowed by law, DVORA is not responsible for damage or liability caused by (i) use of the Device for purposes other than for which the Device is designed or intended, or use in improper environmental conditions, or use of the Device in violation of written instructions provided by the Device’s manufacturer or reseller, and (ii) normal wear and tear or aging, or improper repair, operation or maintenance or connections to improper voltage supply or, to the extent allowed by law, attempted repair by anyone other than a facility authorized by the Device’s manufacturer to service your Device. The Device must be correctly installed and used with a certified door lock that is operating in good condition. You assume all risk associated with the suitability, installation and performance of the door lock and other third party components, hardware, software and services.
General Terms of Mobile Application
Account Registration. The Dvora App’s functionality requires registration. You may only create and use an account for your personal use. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. You are responsible for maintaining the confidentiality of the login name and password that you create. You agree to use strong passwords (e.g. that contain upper and lower case letters, numbers and symbols), and to maintain the confidentiality of your password. You shall be responsible for all uses of your Dvora App account and login information, whether or not authorized by you. You must notify us of any unauthorized or suspected use of your account, login information or password, and you should immediately change your password to prevent further unauthorized use. We will not be liable for your acts or omissions, including but any damages of any kind incurred as a result of those acts or omissions. If you delete your account, we may still need to retain certain information for record keeping, administrative, legal, and technical purposes. By registering for an account, you grant us permission to send emails, surveys, offers, promotions and other marketing material to you via email, including both commercial content and transactional/relationship content.
Restrictions on Use. The information displayed on the Dvora App may not be used for any purpose except in connection with your direct use of the Dvora App as permitted by these Terms, and may not be excerpted, summarized, duplicated or otherwise removed from the Dvora App except with our explicit, written permission. You may not collect or use any portion of the content of the Dvora App in any derivative way, or download, or copy information or other matter for use of any other party. You may not gather information and data on the Dvora App from data mining, robots, spiders, or other extraction tools.
In addition, you agree that you will not use (or plan, encourage or help others to use) the Dvora App for any purpose or in any manner that is prohibited by these Terms or by applicable law. You also may not interfere with the proper operation of the Dvora App including by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Dvora App or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or any other technology that is designed or intended to interfere with the proper operation of the Dvora App or the use of the Dvora App by any user. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Dvora App, or the servers and network associated with the Dvora App. Any such unauthorized use by you or on your behalf automatically terminates the permission or license granted by us. In addition, you agree not to use the Dvora App to do any of the following:
- Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, or otherwise unlawful;
- Harm or exploit children;
- Advocate illegal activity or an intention to commit an illegal act;
- Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
- Email or transmit content that constitutes a pyramid, network marketing, Ponzi, or similar scheme;
- Email or transmit content that infringes on the intellectual property rights of any entity or person;
- Advertise or otherwise engage in any commercial endeavor without our explicit, advance written permission;
- Violate any applicable local, state, national or international law;
- Email or transmit material that includes or links to viruses, worms, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; or
- Disrupt the normal flow of communications or affect the ability of any user to use the Dvora App.
Termination of Access. Use of the Dvora App is a not a legal right. We reserve the right to suspend or terminate your access to the Dvora App for any reason at any time, in our sole discretion without considering the potential ramifications on you and your activities. The Dvora App and its contents are not intended for the use of children under the age of 13. Children under the age of 13 may not use or submit any information to the Dvora App. Individuals under the age of 18 may only access the Dvora App under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by, and responsible for, action taken on the Dvora App. These restrictions are based on applicable law for the benefit of such children.
Intellectual Property Rights. DVORA owns any and all intellectual property rights relating to www.dvoralife.com, the Dvora App, the DVORA and DVORA LIFE brand, trade name, trade dress, and other content including, but not limited to, copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and other text and graphics that has or provides the “look and feel” of DVORA’s brand image, as well as all of the content, including the text, graphics, programming, photographs, video and audio contained in the Dvora App (the “Intellectual Property”). Your use of the Dvora App does not grant you any rights or licenses relating to the Intellectual Property, except as expressly provided for in these Terms. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein, unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purposes. These limitations include copying or adapting the HTML code used to generate web pages on the Dvora App, as well as any graphics or programming. All other content, including product names, names of services, trademarks, service marks and other intellectual property is the property of its respective owner, as indicated, and may only be used as permitted.
Procedure for Making and Responding to Claims of Copyright Infringement.
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to DVORA’s designated agent (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Dvora App, please notify us by contacting the Designated Agent.
To give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works that are claimed to have been infringed; (3) 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 us to locate the material on the Dvora App; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address or telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good-faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) 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 the exclusive right that is allegedly infringed.
The Designated Agent for notice of claims of copyright infringement can be reached at:
155 Second Street, Jersey City, New Jersey 07302
Attn: Designated Copyright Agent: [email@example.com]
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that this material has removed or had access disabled. Please note that under the DMCA, an alleged infringer has the right to submit a counter-notice to have the allegedly infringing material re-published on the Dvora App. Should that occur, you will receive notification from us and, should you wish to have the material subsequently removed, you will be required to file a copyright infringement claim in a US federal court.
Additionally, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by the misrepresentation as a result of reliance upon the misrepresentation by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
Disclaimers. DVORA does not assume responsibility for the safety of Residents, occupants or guests who enter the Community or use its facilities. Please be careful to only invite trusted guests; by inviting someone as a guest, you are giving them access to the Community and your residence. Residents, guests and occupants assume the risks of any loss or injury incurred in the use of Community premises or facilities. Residents must adhere to all posted signage for everyone’s safety and protection. Any misuse of a Dvora Life Services will be grounds for the Dvora Life Service or your access to the Dvora App being suspended or terminated. Availability of Dvora Life Services may be curtailed or limited by construction, renovation, servicing, repairs or other reasons and DVORA shall not be liable whatsoever to Residents when this occurs. Residents are not entitled to abatement or damages when facilities, the Dvora App, Dvora Life Services and/or equipment are not available.
THE DVORA APP AND ITS CONTENT, INCLUDING ALL PRODUCTS AND SERVICES SOLD, ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. DVORA DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THE DVORA APP, DVORA LIFE SERVICES, DEVICES, OR RELIANCE ON ANY OF THE DVORA APP’S CONTENT, IS AT YOUR OWN RISK.
DVORA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE DVORA APP WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. DVORA DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE DVORA APP OR ITS CONTENT RELATING TO ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT OF DVORA MAY INCLUDE ERRORS (INCLUDING TECHNICAL OR TYPOGRAPHICAL ERRORS), AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO DVORA AT ANY TIME, WITH OR WITHOUT NOTICE.
NEITHER DVORA NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THE DVORA APP WILL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF DVORA.
Limitation of Liability. IN NO EVENT WILL DVORA OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DVORA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF DVORA TO YOU FOR ANY TYPE OF DAMAGES WILL BE LIMITED TO THE AMOUNT YOU PAID DVORA FOR SERVICES OR ONE HUNDRED US DOLLARS, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS SHALL APPLY (A) TO INJURIES TO PERSONS AND ANIMALS (INCLUDING DEATH), OR DAMAGE TO PROPERTY (EXCLUDING DAMAGE TO DVORA’S PROPERTY OUTSIDE OF YOUR RESIDENCE NOT CAUSED BY YOUR PET), THEFT AND VANDALISM, RESULTING IN WHOLE OR IN PART FROM THE ACTS OR OMISSIONS OF DVORA OR ANY CONTRACT COMMUNITY MEMBER; (B) IN CONNECTION WITH OR BASED UPON YOUR USE OF THE DVORA APP OR A DEVICE, PURCHASE OF DVORA LIFE SERVICES, (C) TO YOUR OR YOUR GUESTS’ PARTICIPATION IN ANY DVORA COMMUNITY ACTIVITY, AND (C) TO ANY USE OR ACCESS OF YOUR DVORA APP ACCOUNT OR LOGIN INFORMATION, OR YOUR DEVICES, WHETHER OR NOT AUTHORIZED BY YOU.
Release and Indemnification.
You, on behalf of your successors, assigns, heirs, and personal representatives, and all individuals residing in your residence, hereby irrevocably and fully release DVORA, and its affiliates, and each of their directors, officers, managers, members, affiliates, successors and assigns, from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, injuries (including personal injury and death), losses, penalties or fines known or unknown, to any personal or real property, arising out of or in connection with (1) your use of the Dvora App; (2) the use of any information accessed by you from the Dvora App; (3) the use of services purchased by you through the Dvora App, (4) any third party’s use or access of your Dvora App account or login information or your Devices, whether or not authorized by you (5) your negligence, willful acts or omissions, (6) a pet owned by you, within your residence, or otherwise under your guardianship, or (7) your possessions and property within your residence.
You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including attorneys’ fees and costs of suit, arising out of your breach of these Terms.
Governing Law. These Terms will be governed by the laws of the State of New Jersey without regard to conflict of law principles. All disputes arising out of this Agreement shall be brought exclusively in the state courts situated in Hudson County, New Jersey, or the U.S. District Court, District of New Jersey, and the parties hereto agree to such venues and waive all objections thereto. Either party shall be entitled to injunctive relief in the event of the actual or threatened breach of these Terms, in addition to any other remedies such party may have at law or in equity.
Class Action Waiver; Waiver of Jury Trial.
YOU HEREBY WAIVE THE RIGHT TO LITIGATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO YOUR OR ANY THIRD PARTY’S USE OR ACCESS OF THE DVORA APP, DVORA LIFE SERVICES, ANY DEVICES, OR PARTICIPATION IN ANY DVORA COMMUNITY ACTIVITY.