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reSimpli - Terms of Service and Use

reSimpli - Terms of Service and Use

Date of last update: June 12, 2017

Introduction

Welcome, you have reached the Terms of Service and Use (the “Terms”) of the website located at www.reSimpli.com, including its sub-domains and mobile applications (collectively the “Site”), These Terms shall also include any ancillary terms, policies, guidelines and our Privacy Policy (the “Policy”), among other documents made available by us from time to time (incorporated herein by reference).  The Site is provided to you by Sharad Mehta dba reSimpli (hereinafter referred to as “reSimpli, and also ‘us’, ‘its’, ‘ours’ and/or ‘we’), and used herein refer to our affiliates, assignees, successors and/or brands.  

As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered or not through an account.  These Terms constitute a legally binding agreement between you and us.  

To prevent any breach of the Terms hereof and to enforce any available remedy, we reserve the right to undertake any technical, legal or administrative measures that we deem necessary, at any time, without prior notice and in our sole discretion.

Acceptance

By clicking the “I Agree to the Terms of Service and Privacy Policy” button or (i) accessing or using any part of the Site or (ii) initiating any transaction on the Site, you agree to be bound by these Terms of Service.  Your access to the Site is only offered for your individual, non-commercial use, and not for the use or benefit of any third party you may represent.  These Terms include a jury trial and class action waiver.  These Terms also limit the remedies that may be available to you in the event of a dispute with us.

Services

reSimpli provides a project management platform for real estate brokers in order to facilitate their transactions.  In particular, the process encompassing from the listing of real estate for sale to the public, preparation of documentation, advertising, client contact, retention and lead generation, candidate appointments, pre-screening of buyers, financial qualifications, form filling, real estate purchase contract and closing; among other Services and functionalities offered by us from time to time (collectively the “Services”).

Subscription to Beta Service

We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation.  reSimpli has the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services.  You will be under no obligation to subscribe to any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you.  reSimpli shall not be liable to you or to any third party for any claims or damages related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Information & Services Disclaimer

Neither reSimpli nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are an attorney or a professional advisor in any industry.  The results described in the Site are not typical and will vary based on a variety of factors outside the control of reSimpli. State-by-state requirements may differ.  Your use of any information and/or materials on this Site is entirely at your own risk and reSimpli shall be liable for any use of, or reliance on, the Services offered herein.

All materials have been prepared for general information purposes. Information provided by third parties through the site may not be complete or accurate. The information presented is not a substitute for professional real estate or legal advice relating to the subject matter of the Site.  Reliance and use of the information and materials obtained from the Site shall be at your own risk.

Availability of Online Templates

reSimpli provides an online automated template of certain contracts that our users may choose to use for their convenience. reSimpli, its Services, and its templates are not a substitute for the advice or services of an attorney or real estate professional.  Users are advised that the law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts.  The templates contained on the Site are not guaranteed to be accurate, complete, up-to-date or appropriate for your situation.  Users should consult a licensed attorney or real estate professional in your area to ensure compliance with applicable laws.

Account

In order to use some or all of the functionalities and Services provided via the Site, you may need to register for an account.  To be eligible to create an account, you must be at least 18 years of age and accept these Terms. You represent and warrant that You are at least 18 years of age and/or able to form legally binding contracts under applicable law.

You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential.  We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate your account upon any factual or alleged breach of these Terms.  You must notify reSimpli immediately of any change in your eligibility to use the Site, if you suspect a breach of security or unauthorized use of your account.

Payments

We use external third-party payment processors such as credit card providers and/or PayPal in order to bill you for any purchases made through the Site.  The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors.  reSimpli is not responsible for any and all errors committed by such payment processors.  Any currency conversion fees and expenses are responsibility of our third-party payment processors, not us.

License to Use the Services

In accessing and using the Services, reSimpli hereby grants a limited, non-transferable, non-exclusive, revocable license (“License”) to access and use the Site and Services during the term of this Agreement.

No Spam

We reserve the right to screen our content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service.  We will not tolerate, and we will not allow others to undertake through our Services or Site, any massive delivery of unsolicited bulk communications to our users or to any third party.  In compliance with the Controlling the Assault of Non Solicited Pornography And Marketing Act (‘CAN-SPAM Act’), any commercial electronic communication (“CEM”) that you receive from us, our partners, licensors, suppliers and affiliates, will require your prior consent to such communication.  Our CEMs will include measures in order for you to stop receiving them, usually through an unsubscribe link.  Please see our Policy for more information.

Idea Submissions

reSimpli welcomes all suggestions to improve our Services, but considers any feedback from its users to be helpful advice, freely given.  To ensure against any misunderstandings, we want to emphasize that we do not compensate for any ideas, proposals or suggestions provided by its users to reSimpli in accordance with the following: 

  • Non-Proprietary:  reSimpli considers any suggestions, ideas, proposals or other material submitted to it by users, whether solicited or unsolicited, (collectively, the "Material") to be non-confidential and non-proprietary.  reSimpli shall not be liable for the disclosure, use or exploitation of such Material.
  • License: You hereby grant and agree to grant reSimpli, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.

Intellectual Property

The trademarks, copyright, service marks, trade names and other intellectual and proprietary notices displayed on the Site are the property of – or otherwise are licensed to – reSimpli and/or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions through the world.  Respective title holders may or may not be affiliated with us or our licensors, affiliates, partners and advertisers.

  • Copyright:  The Site and its logos, design, data, text, graphics, images and other files, and the selection, arrangement and organization thereof, are owned by reSimpli.  You may not use such materials without permission.  © 2017 reSimpli.  ALL RIGHTS RESERVED
  • Trademarks: reSimpli and its logos are trademarks owned by reSimpli.  All page headers, custom graphics, button icons, scripts and service names are trademarks or trade dress of reSimpli.
  • Ownership and Use:  Unless otherwise stated herein, nothing in these Terms or your use of the Site gives you a right or license to use any of reSimpli’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights. 

You represent and warrant that you have all right, title, and interest to any and all content you may post, upload or otherwise disseminate through the Site.

Digital Millennium Copyright Act (‘DMCA’) Notice

In compliance with the DMCA, you may contact us by email at info@reSimpli.com in order to send us a notice regarding any copyright infringement matter.  You can review the DMCA text at the U.S. Copyright Office website.  We are ready to remove any allegedly or factually infringing content displayed on the Site, upon due notice and request by the title holder.

You must notify us of your claim with subject: "Takedown Request".  Once received, reSimpli will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, reSimpli may delete it, disable or otherwise stop displaying it.

Your notification claim must be in writing and must contain the following information, at the least: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.

Third Party Links

From time to time, our Site and Services may contain hyperlinks to other websites.  These links are for your personal convenience and to provide you with further information that may be of your interest.  The provision of such links does not imply any endorsement of such third party websites (or their products and services).  Some or all of the images and content displayed on the Site are licensed and/or purchased stock photos, and are only for illustrative purposes, that is, they may not accurately purport the look and form of a certain item, product or service.

We do not always review the information, pricing, availability or fitness for use of such third party products and services, and they will not necessarily be available or error free or serve your purposes, and any use thereof is at your sole risk.  We do not make any endorsements or warranties, whether express or implied, regarding any third party websites (or their products and services).  Any linked websites are ruled by their privacy policies, terms and conditions and legal disclaimers.  Please read those documents, which will rule any interaction thereof.

Advertising, Opt-out

We may support the Site and our Services through advertising and other commercial opportunities.  These advertisements may be tailored to the content of the Site, and the nature and extent of such advertising by us is subject to change without prior notice.  Please refer to our Policy for information regarding certain advertisement opt-out.

The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party.  Through our newsletter, you may receive information according to your user preferences.  As our user, you will receive a conspicuous communication indicating your subscription thereof, and you will be able to select the amount and type of emails received by you.  If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.

Prohibited Activities

You agree not to, and will not undertake, motivate, or facilitate the use or access of the Site by others to:

  1. Infringe these Terms or allow, encourage or facilitate others to;
  2. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party;
  3. Enable any process to data-mine the Site (e.g. robots or similar data gathering and extraction tools);
  4. Disturb the normal flow of Services provided within the Site;
  5. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous;
  6. Create a link from the Site to another website or document without our prior written consent;
  7. Obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Site;
  8. Create copies or derivate works of the Site or any part thereof;
  9. Otherwise reverse engineer, decompile or extract the Site’s source code;
  10. Remit or otherwise make or cause to deliver unsolicited advertising, email spam or other chain letters;
  11. Collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or
  12. Pretend to be or misrepresent any affiliation with any legal entity or third party;
  13. Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Site or its users;
  14. Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site’s infrastructure;
  15. Interfere or attempt to interfere with the proper working of the Site, its services or tools; or
  16. Bypass the Site’s robot exclusion headers or other measures reSimpli may use to prevent or restrict access to reSimpli.                

Any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and our Services, without refund or any other credit.

Privacy

reSimpli respects your privacy. reSimpli will only use personal information in accordance with its Privacy Policy.

Termination

reSimpli may temporarily suspend or terminate your account and the Services at any time, for any reason, with or without notice, in its sole and absolute discretion, including if reSimpli:

  • Suspects a breach of these Terms;
  • Is unable to verify or authenticate account information;
  • Believes that you are acting inconsistently with the letter or spirit of reSimpli’s policies, have engaged in improper or fraudulent activity in connection with the Site or that your actions may cause legal liability or financial loss to reSimpli;
  • Is unable to process any payments for purchases made on the Site; or
  • Believes you are infringing the rights of third parties.

Effect of Termination:  If your account is suspended or terminated for any reason, you shall remain liable for all charges incurred through the date of termination.

Survival:  The following Sections survive termination of these Terms: Idea Submissions License, Individual Arbitration, Disclaimers and Exclusions, Release, Indemnification, and Governing Law.

Amendments, Suspension, Service Continuation

reSimpli hereby reserves the right to update, modify, change, amend, terminate or discontinue the Site, the Terms, or Services at any time and at its sole and final discretion.  reSimpli may change the Site’s functionalities and (any) applicable fees at any time.  Any changes to these Terms will be displayed in the Site, and we may notify you through the Site or by email.  Please, refer to the date shown below for the date where effective changes were last undertook by us.  Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

No Endorsement

Any testimonial or review about our company, our products or our Services is made by the respective author and does not does not reflect reSimpli’ opinions, nor do reSimpli, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.  The images, texts, posts, information, photographs and other content and media displayed on or through the Site are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope.  Some or all of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes.

Disclaimers and Exclusions

DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, RESIMPLI, THE SITE, PRODUCTS, SERVICES AND ALL INFORMATION, CONTENT, OR MATERIALS OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  RESIMPLI DOES NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVICES OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE.   EXCEPT WHERE PROHIBITED BY LAW, RESIMPLI EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE SITE, PRODUCTS, SERVICES, INFORMATION, CONTENT, OR MATERIALS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.

RESIMPLI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES.  RESIMPLI DOES NOT CONTROL ANY THIRD PARTY LINKS, SERVICES, PRODUCTS, GOODS, RESOURCES AND INFORMATION ON THE SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, RESIMPLI MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES OR INFORMATION.

AGGREGATE LIABILITY:  IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF RESIMPLI, NOR ANY OF ITS EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, MANAGERS, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, OR VENDORS, ARISING FROM, RELATING TO, OR CONNECTED WITH THIS SITE, PRODUCTS, SERVICES INFORMATION, CONTENT, OR MATERIALS EXCEED: (i) the amount paid, if any, by you to us in connection with the Site and any Services during the twelve (12) months prior to the action giving rise to such liability; or (ii) USD $100 (One Hundred United States Dollars).

LIMITATION OF LIABILITY:  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, RESIMPLI WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE, PRODUCTS, INFORMATION, CONTENT, SERVICES, OR MATERIALS, EVEN IF RESIMPLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RELEASE & WAIVER:  If you have a dispute arising from, related to, or connected with your use of the Site, Services, products, information, content, or materials, you hereby release reSimpli and its employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnification

You agree to indemnify, defend and hold reSimpli and its independent contractors, affiliates, subsidiaries, officers, employees and agents, and their respective employees, agents and representatives, harmless from and against any and all actual or threatened proceedings (at law or in equity), suits, actions, damages, claims, deficiencies, payments, settlements, fines, judgments, costs, liabilities, losses and expenses (including, but not limited to, reasonable expert and attorney fees and disbursements) arising out of, caused or resulting from: (i) your conduct and any user content; (ii) your violation of these Terms; or (iii) your violation of the rights of any third-party.

Customer Support

reSimpli is available by email at info@reSimpli.com to address any issues you may have regarding your use of the Services.  Most concerns can be quickly resolved in this manner. 

Individual Arbitration

EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with reSimpli arising out of or relating to the Site, Services and/or these Terms (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act,  9 U.S.C. §§1-16).

ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY.  THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS.  YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY.  IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.

The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org.   When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to 2647 Gateway Road, Suite 105-513, Carlsbad, CA 92009, USA

Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms shall be conducted in English at the following location:  San Diego County, California.

ExceptionSmall Claims Court Claims.  Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.

General Provisions

Assignment. You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent.  Notwithstanding the foregoing, we may assign any rights or obligations hereunder.  Any rights not expressly granted herein are thereby reserved.  These terms will inure to the benefit of any successors of the parties.  We reserve the right, at any time, to transfer some or all of reSimpli’ assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Force Majeure. reSimpli will not be liable or responsible for any delays in service, for failing to provide the Services or to operate the Site as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.

Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.

No Waiver. Failure by reSimpli to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and reSimpli are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Notices. Any notices or communications among the parties to these Terms shall be done in writing and shall be delivered to any address the parties may provide.  For communications by e-mail, the date of receipt will be the one in which confirmation receipt notice is obtained.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of California, United States of America, without regard to its conflict of law principles.

Language.  reSimpli may provide a translation of the English version of these Terms into other languages; and any translation thereof is only for convenience and the English version shall prevail.

Notice for California Residents.  As indicated in the California Civil Code, Section 1789.3, our California users have the right to be made aware of this information: the Site is provided by reSimpli.  For any inquires or complaints regarding the Service or Site, please contact our customer service team at the address indicated at the end of these Terms.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Contact

If you have any questions or queries about us, our Site, our Services, our Policy or these Terms, please contact us by email to info@reSimpli.com.

Absolutely free to use while we are in beta.