WEBSITE USE GOVERNED BY THESE TERMS & CONDITIONS
Please familiarize yourself with these Terms and Conditions, as your use of the website represents your acknowledgment that you are at least 18 years of age, and your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the SimpleRealEstate.com website.
CHANGES TO THESE TERMS & CONDITIONS
SimpleRealEstate.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. If at any time you deem the modification to be unacceptable to you, termination of this agreement is your only remedy. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website. These Terms and Conditions serve as your purchase agreement and are notification of such. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
The Company sells real estate assets to real estate buyers. We do not sell a business opportunity, nor do we offer any tax, accounting, financial or legal advice. The laws and regulations governing real estate, trust deeds, tax liens and deeds vary in each jurisdiction. Each real estate asset is different, and buyers must conduct their own due diligence before finalizing a purchase. Also, prior to undertaking any real estate transaction, you should consult your own accounting, legal and tax advisors to evaluate the risks, consequences and suitability of that transaction. The Company offers no guarantee of any kind regarding a specific real estate asset’s performance, return on investment, or redemption timeframe. As each real estate asset is unique, individual results will vary.
Upon submitting a request for Membership, a Member ID and Password are assigned to you and can be used to gain access to SimpleRealEstate.com. You will automatically be billed each month according to the terms as outlaid on the offer page. Membership fees will be billed to the credit card used by you to complete the signup process unless you cancel your membership or change your billing method. Membership fees will be processed in the name of the parent company which owns SimpleRealEstate.com.
If you choose to sign up for this product, and pay the recurring monthly charges using a debit card, you hereby provide pre-authorization and consent that SimpleRealEstate.com may charge $24.95 on a monthly basis. You may stop payment on any pre-authorized charge by notifying SimpleRealEstate.com at least three business days prior to the scheduled charge date. You agree your pre-authorization and written consent to charge your debit card is given in electronic form by submitting the request for the membership, and that an electronic signature is sufficient to authenticate your authorization to charge the debit card. You further agree that these terms and conditions shall be your copy of your pre-authorization for the debit card.
Access is contracted on a month-to-month basis and cancelable at any time by calling customer service at [phone number] Monday-Friday 9AM – 5PM, by emailing to help@SimpleRealEstate.com, or by writing to Simple Real Estate, 5406 West 11000 North, Ste. 103, Highland, Utah, 84003.
The period during which this Agreement will be in effect begins upon your purchase of Membership and will end when terminated by either party. Either party may terminate the Agreement at any time, with or without cause, by giving the other party 7 (seven) days written notice of termination from initial sign up. Either party may terminate the Agreement immediately, without notice, if the other party breaches any material term of the Agreement and the breach is not corrected within 10 (ten) days of written notification. Upon the termination of this Agreement, you must immediately cease use of our site and any other materials provided to you in connection with this Agreement, including any trademarks, trade dress and logos.
If you are unsatisfied for any reason and wish to request a refund, please call customer service at [phone number] Monday-Friday 9AM – 5PM, by emailing to help@SimpleRealEstate.com, or by writing to Simple Real Estate, 5406 West 11000 North, Ste. 103, Highland, Utah, 84003.
A refund can be issued if the transaction occurred within 30 days of cancelling your membership. Refunds requested outside of this grace period will not be refunded.
CHARGEBACKS AND REVERSALS
We handle all charge-backs and reversals as potential cases of fraudulent use of our services and/or theft of services. In cases where we have provided a service and we have verified that a client has received a kit and/or received a password to our site(s), whether or not they have used the site in any way, possible actions taken by the company may include disabling access to your account, filing a complaint with the Internet Crimes Bureau or local authorities, or reporting the incident to the appropriate authorities in your state to investigate theft of services. Please be advised that all activity and IP address information is being monitored on the site. This information may be used in a civil and criminal case against a client if there is fraudulent use or theft of services.
TRADEMARKS & REGISTERED TRADEMARKS
All logos and advertisements are or may be registered trademarks of their respective owners. No relationship of any kind, expressed or implied may exist between the Company and the owners of said trademarks.
All of the content you see and hear on the SimpleRealEstate.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by SimpleRealEstate.com, one of its affiliates or by third parties who have licensed their materials to SimpleRealEstate.com.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. SimpleRealEstate.com reserves complete title and full intellectual property rights in any Content you download from this website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from SimpleRealEstate.com.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER SIMPLEREALESTATE.COM, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENCORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SIMPLEREALESTATE.COM (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENCORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SIMPLEREALESTATE.COM (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENCORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
You agree to defend, indemnify and hold harmless SimpleRealEstate.com (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licencors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Site or your breach of any provision of this Agreement. SimpleRealEstate.com reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
SUBMISSIONS TO THE SITE
We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to SimpleRealEstate.com shall be and remain the exclusive property of SimpleRealEstate.com. Your submission of any such Comments shall constitute an assignment to SimpleRealEstate.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. SimpleRealEstate.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
I agree to the use of electronic records to evidence this agreement. I understand that I have the right to not consent to the use of electronic records by not transacting business with the company. In such event, this will be null and void. My consent applies only to this transaction. I hereby waive any objection I may have to the companies use of electronic records in court should it be necessary to enforce the terms of this agreement.
CONSENT TO BINDING ARBITRATION
By execution of this Agreement you hereby consent and agree that any and all disputes that arise concerning this Agreement or any of the terms of this Agreement, or that concern any aspect of the relationship between Client and Company, shall be decided exclusively in binding arbitration conducted by the American Arbitration Association (‘AAA’). Client and Company further consent and agree that Client may file their complaint with the AAA in their state, but that all AAA arbitration hearings shall be conducted in Utah, US, where Company is headquartered and located, before a single AAA arbitrator. The arbitrator shall be appointed in accordance with the Section R-13, Appointment from Panel, of AAA’s Commercial Arbitration rules. Client and Company consent and agree that the AAA arbitrator shall exclusively apply Utah, US law to the dispute, regardless of and without giving any consideration to choice of law principles. Client and Company further consent and agree that each party will bear his/her/it’s own cost and attorneys’ fees incurred in connection with the AAA arbitration proceedings, and agree that the AAA arbitrator shall have no power or discretion to make any award of costs or attorneys’ fees. However, in the event that Client or Company files any court proceedings in violation of the contractually agreed upon arbitration requirement, the party who is required to appear in any court proceedings to defend against such proceeding shall be entitled to an immediate stay and dismissal of such court proceedings, and shall be entitled to an award of all reasonable attorneys’ fees and costs incurred in connection with such court proceedings. The final decision of the arbitrator shall be furnished in writing and shall constitute a conclusive determination of the issue(s) in question, binding upon the Client and Company, and shall not be contested by either of them except as permitted by applicable law. Such decision may be used in a court of law only for the purpose of seeking enforcement of the arbitrators’ award.
LAW GOVERNING PERFORMANCE AND DISPUTES
This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of Utah, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Utah and the United States District Court for Utah.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the SimpleRealEstate.com Businesses under such circumstances for liabilities that otherwise would have been limited our maximum aggregate liability to you arising by reason of this transaction shall be the amount paid by you for the physical materials.
If you have a question or complaint regarding the Site, please send an e-mail to help@SimpleRealEstate.com. All interpretations of Terms and Conditions shall be at the sole discretion of SimpleRealEstate.com.