USER TERMS AND CONDITIONS
Last Updated: May 1, 17
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY SERVICES.
1. Our Relationship with You
Our relationship with you is contractual. These User Terms and Conditions (“Terms”) govern the access or use by you, an individual, of applications, websites, content, and services (collectively, the “Services”), which are made available in the United States and its territories by Simple Offer , LLC, and its subsidiaries and affiliates (collectively, “Simple Offer”).
In these Terms, the words “including” and “include” shall be interpreted to mean “including, but not limited to.”
Agreement with Terms
Your access and use of the Services constitutes your agreement to be bound by these Terms. This establishes a contractual relationship between you and Simple Offer. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements, arrangements, promises, or representations between you and Simple Offer.
Supplemental terms, including region-specific and time-specific supplements, are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Simple Offer may amend these Terms from time to time. Amendments will be effective upon Simple Offer’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Terminating Terms or Services
Simple Offer may immediately terminate these Terms or any Services with respect to you, any other user, or generally cease offering or deny access to the Services or any portion thereof, at any time and for any reason.
2. Our Services
The Services constitute a platform that enables users of Simple Offer’s websites provided as part of the Services (an “Application”) to request a home offer, accept a home offer, decline a home offer, renew a home offer, agree to improvement or maintenance orders through third-party contractors, or sell a home to Simple Offer under agreement with Simple Offer or certain of Simple Offer’s subsidiaries or affiliates (“Third Party Providers” or Third Party Contracotrs”).
Unless otherwise agreed by Simple Offer in a separate, written agreement with you signed by an authorized representative of Simple Offer, the Services are made available SOLELY for your personal, noncommercial use.
YOU ACKNOWLEDGE AND AGREE THAT SIMPLE OFFER IS A HOME BUYER AND DOES NOT PROVIDE ANY HOME IMPROVEMENT, MAINTENANCE, OR REPAIR SERVICES. LIKEWISE, YOU ACKNOWLEDGE AND AGREE THAT SIMPLE OFFER DOES NOT OPERATE AS A CONTRACTOR, HANDYMAN, OR HOME WARRANTY COMPANY.
3. Limited License
Subject to your agreement and compliance with all of these Terms, Simple Offer grants you a limited, non-exclusive, non-transferable, revocable, non-transferrable license to: (i) access and use the platform in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use.
Any rights not expressly granted herein are reserved by Simple Offer and its licensors.
4. Restrictions on Use
Whether or not you use or access the Services, you may not: (i) modify, delete, obscure, relabel or remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, distribute, license, lease, sell, resell, transfer, prepare derivative works based upon, publicly display or perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Simple Offer; (iii) reverse engineer, decompile or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services; (vi) unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vii) attempt to gain unauthorized access to or impair any aspect of the Services, its related systems or networks.
5. Third-Party Services and Content
Simple Offer does not endorse such third party services and content, and in no event shall Simple Offer be responsible or liable for the products, services, or actions of such third party providers.
6. Simple Offer’s Continued Ownership
The Services and all rights therein are and shall remain Simple Offer’s property or the property of Simple Offer’s licensors, as applicable. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services, except for the limited license granted above; or (ii) to use or reference in any manner Simple Offer’s company name(s), logo(s), product and service names, trademarks or services marks, or those of Simple Offer’s licensors.
7. Your Use of the Services
Obtaining a Home Offer and other Services provided by Simple Offer require you to submit to Simple Offer certain personal information, such as your name, address, mobile phone number, and home information. You agree to provide accurate, complete, and up-to-date information. Your failure to provide accurate, complete, and up-to-date information, may result in your inability to access and use the Services, or Simple Offer’s termination of this Agreement with you.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive any services from Third Party Providers. You may not sell, convey, rent, lend, license, or assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services. You agree that you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to Simple Offer, the Third Party Providers or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Content Provided by You
Simple Offer may, in its sole discretion, permit you from time to time to submit, upload, publish, or otherwise make available to Simple Offer through the Services, text, audio, and/or visual content and information. This may include commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”).
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Simple Offer the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Simple Offer’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Any User Content provided by you remains your property. However, by providing User Content to Simple Offer, you grant Simple Offer a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Simple Offer’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Simple Offer in its sole discretion, whether or not such material may be protected by law. Simple Offer may, but shall not be obligated to, review, monitor, or remove User Content, at Simple Offer’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data and data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Simple Offer does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet, cellular, and electronic communications.
Charges and Profit
You understand and agree that at least one Employee and/or affiliates of Simple Offer are licensed real estate agents in Arizona and the use of the home buying Services will result in costs for providing these services. You also acknowledge that Simple Offer is purchasing the property as an investment with the intent of making a profit. You are responsible to seek legal counsel or advice regarding your liabilities in connection with your home sale transaction. Fees, points, and costs of services are disclosed in the offer process and contractual based on details of the purchase contract once signed by the seller.
Right to Revise Charges
As between you and Simple Offer, Simple Offer reserves the right to establish, remove and/or revise charges for any or all services or goods obtained through the use of the Services at any time in Simple Offer’s sole discretion.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SIMPLE OFFER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, WORKMANSHIP, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SIMPLE OFFER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
SIMPLE OFFER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, LICENSING OR ABILITY OF THIRD PARTY CONTRACTORS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
10. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT SIMPLE OFFER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SIMPLE OFFER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SIMPLE OFFER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. SIMPLE OFFER SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SIMPLE OFFER’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL SIMPLE OFFER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
SIMPLE OFFER’S SERVICES MAY BE USED BY YOU, BUT YOU AGREE THAT SIMPLE OFFER HAS NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU RELATED TO ANY HOME IMPROVEMENT, MAINTENANCE, AND REPAIR AND OTHER GOODS AND SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN SECTIONS 9 AND 10 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED BY SIMPLE OFFER UNDER APPLICABLE LAW.
You agree to indemnify and hold Simple Offer and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the SERVICES (ii) your breach or violation of any of these Terms; (iii) Simple Offer’s use of your User Content; or (iv) your violation of the rights of any third PARTY.
12. Dispute Resolution
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Simple Offer, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Simple Offer are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Simple Offer otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Arizona and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Simple Offer otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Simple Offer submit to the arbitrator, unless either party requests a hearing and the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, the AAA Rules will determine your right to a hearing. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Nothing in this Section is intended to abrogate the Limitations on Liability set forth in Section 11, including the $500 limit therein.
The arbitrator shall render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the individual claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the modification-related provisions above, if Simple Offer changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Simple Offer written notice of such rejection by mail or hand delivery to 4140 E Baseline Rd #101 Mesa, AZ 85206 or by email from the email address associated with your Account to: email@example.com, within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
14. Additional Provisions
Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Arizona, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement
Claims of copyright infringement should be sent to Simple Offer’s designated agent. Please visit Simple Offer’s web page at https://simpleoffer.com for the designated address and additional information.
Simple Offer may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Simple Offer, with such notice deemed given when received by Simple Offer, at any time by first class mail or pre-paid post to Simple Offer, Attn: User Legal Notices, 4140 E Baseline Rd #101 Mesa, AZ 85206
You may not assign these Terms without Simple Offer’s prior written approval. Simple Offer may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Simple Offer’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you, Simple Offer, or any Third Party Provider as a result of this Agreement or use of the Services.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck or disregarded, and the remaining provisions shall be enforced to the fullest extent allowed under law. Simple Offer’s failure to enforce any right, remedy or other provision in these Terms shall not constitute a waiver of such right, remedy or provision unless acknowledged and agreed to by Simple Offer in writing.