Terms and Conditions of Use
The following Terms and Conditions of Use (the “Agreement”) constitutes an agreement between You and SimplifyEm Incorporated (“SimplifyEm”), operator of the websites “SimplifyEm.com”, and all related websites (the “Websites”).
Your use of the Websites and the services provided on it are subject to the terms and conditions of this Agreement, which forms a legally binding contract between SimplifyEm and You.
Use of the websites and products of SimplifyEm, are subject to these terms, conditions, licenses and disclaimers:
SimplifyEm may amend the terms of this Agreement at any time, and Your continued use of the Websites will constitute Your acceptance of such amendment.
Please read this Agreement carefully. This Agreement limits SimplifyEm’s liability and may substantively affect Your rights.
1. Use of the Websites
1.1 Permitted Use of the Websites – Use of and access to the Websites is limited by the terms of this Agreement. You agree:
Not to use any robot, spider, scraper or other automated means to access the Websites for any purpose without SimplifyEm’ express written permission.
Not to take any action that imposes, or may impose in SimplifyEm’ sole discretion, an unreasonable or disproportionately large load on SimplifyEm’ servers or other infrastructure, or to interfere or attempt to interfere with the proper operation of the Websites or any activities conducted on the Websites.
Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Websites, including but not limited to “framing” Websites content within another site, except for Your own reasonable personal use, without the prior express written permission of SimplifyEm.
To use the Websites only for lawful purposes, and to comply with all applicable laws and regulations in connection with Your use of the Websites.
1.2 Use of User Accounts – Access to certain areas of the Websites, and content and services contained therein, requires the creation of a User Account having a unique user name and an associated password. Each User Account may be used only by a single user. Without limiting the foregoing, You may not share Your username and/or password for Your User Account with any third party for purposes of allowing such party to access the Websites using Your User Account. You are responsible for all activities of persons using Your User Account to access the Websites, including but not limited to such person’s compliance with the terms of this Agreement.
1.3 Lost User Names and Passwords – You are solely responsible for retaining Your user name and password associated with Your user account. SimplifyEm will have no liability to You for any harm You suffer as a result of lost or incorrect user names or passwords, and SimplifyEm will not be required to refund any money paid by You to SimplifyEm in connection with Your registration or use of the Websites. Without limiting the foregoing, SimplifyEm may use reasonable efforts to help You retrieve lost user names and/or passwords utilizing information You provide to SimplifyEm for such purpose during the registration process.
1.4 Termination of Use – SimplifyEm may at its sole discretion terminate or limit Your use of the Websites for violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in SimplifyEm’s sole opinion adversely impacts the Websites or SimplifyEm’s interests. SimplifyEm may so terminate or limit Your use of the Websites without prior notice to You. If such termination or limitation is for reasonable cause, SimplifyEm will not be obligated to refund any fees paid by You in connection with the use of the Websites or the services provided on it.
1.5 Effect of Termination – Upon the termination or expiration of Your account for any reason, SimplifyEm may limit or deny You access to any or all content contained in the Websites and/or services offered via the Websites, including without limitation access to data provided by You.
2. Services
2.1 Services Generally – SimplifyEm provides services in connection with the Websites, including but not limited to services in the form of on-line applications and services for property management software, property management forms, property management directory, property management toolbar and online rent collection. SimplifyEm will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless SimplifyEm for any damages arising out of Your use of the Websites, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Websites.
2.2 User Data – You may be asked to submit data in connection with Your use of one or more services provided by SimplifyEm. SimplifyEm may, at its sole discretion, maintain such data for You between sessions; however, SimplifyEm will not be required to maintain such data, which it may delete for any reason. You agree to maintain copies of all data submitted to SimplifyEm and to indemnify and hold harmless SimplifyEm for all harm suffered by You as a result of Your failure to maintain copies of such data.
2.3 Informational Nature of Services – All information provided by SimplifyEm via the Websites or the services provided on the Websites is provided as-is and without any warranty whatsoever. Certain services offered by SimplifyEm may address legal and/or tax related issues. SimplifyEm does not provide legal or tax counsel or advice. SimplifyEm provides information on legal and/or tax related issues solely for Your information, and You are solely responsible for confirming the applicability to You of such information. You agree to indemnify and hold harmless SimplifyEm for any damages or actions arising out of Your use of or reliance on the information provided by SimplifyEm.
SimplifyEm tries to provide content that is true and accurate as of date of writing in our property management directory; however, we give no assurance or warranty regarding the accuracy, timeliness, of applicability of any of the contents. Visitors to SimplifyEm property management directory should confirm with appropriate state real estate commission or licensing agency that a property manager has the appropriate licensing and credentials.
2.4 IRS Circular 230 Notice – SimplifyEm is not a Practitioner as defined by 31 C.F.R. § 10.2(e), and SimplifyEm is not authorized to practice before the Internal Revenue Service. You acknowledge that the services provided by SimplifyEm do not constitute the preparation of any documents, communications or correspondence with the IRS, and SimplifyEm will not file any documents, communications or correspondence with the IRS on Your behalf. You agree not to use any tax related information provided by SimplifyEm (i) to avoid any penalties imposed under the Internal Revenue Code, or (ii) to promote, market, or recommend to another party any transaction or matter related to the information provided by SimplifyEm.
2.5 Use of SimplifyEm Property Management Forms – SimplifyEm allows you a personal, limited, un-transferable license to use SimplifyEm Forms (“Forms”) for internal business and personal use. You acknowledge and agree that under no condition, except by us, will you edit, modify, copy, reproduce, alter, reverse engineer, enhance or in any way change or misuse any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You also agree to not remove any copyright information from the Forms.
We prohibit the resale these of SimplifyEm Forms. By downloading or ordering the Forms, you agree that they will only be used by you for business or personal use or used by you in connection with a client of yours and may not be redistributed or sold without permission and written consent of SimplifyEm.
2.6 Ad Materials, Advertiser Information
a. License in Ad Materials and Advertiser Information. Advertiser hereby grants to SimplifyEm a royalty-free, perpetual, nonexclusive, fully sublicensable right and license to reproduce, modify, display, distribute, publicly perform, create derivative works from, store, and otherwise use and exploit, all Ad Materials in any form, media, software or technology of any kind to be used only on or in connection with Services. For purposes of this Agreement, “Ad Materials” includes all data and other information provided by Advertiser to Zillow Group, in any form, including without limitation: (i) the property listings for properties that Advertiser provides to Zillow Group and all corresponding materials (“Listings”) and any other materials submitted to SimplifyEm by Advertiser for inclusion in an Ad, including, without limitation, photos, videos, information, URLs, and other content, whether generated by or for Advertiser; and (ii) the web sites and landing pages to which Ad Materials link or direct users, and the advertised properties and services on such pages.
b. Advertiser Responsible for Ad Materials. Advertiser is solely responsible for all Ad Materials submitted to SimplifyEm and represents to SimplifyEm that Advertiser is authorized to act on behalf of and has bound to the terms of this Agreement any third party for which Advertiser places Ads. Advertiser is responsible for promptly updating Advertiser’s Listings and other Ad Materials to ensure that all Ad Materials are current and accurate. Advertiser represents and warrants to SimplifyEm that it holds all rights (including, without limitation, any copyright, trademark, patent, publicity or other rights) in the Ad Materials necessary for SimplifyEm to exercise its rights under the license granted in Section 2.6(a). Advertiser further represents and warrants to SimplifyEm that: (A) all Advertiser information provided in connection with Advertiser’s account and any Ad Order is complete, correct and current; (B) the Ad Materials comply with all policies designed to ensure compliance with civil rights and anti-discrimination laws, including, without limitation, the Fair Housing Act, Americans with Disabilities Act, and the Equal Credit Opportunity Act, to the extent such laws are applicable to Advertiser; (C) the Ad Materials do not indicate any discrimination on the basis of race, color, religion, sex, handicap, familial status or national origin; and (D) none of the Ad Materials will violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights (including intellectual property rights). Violation of the foregoing may result in immediate termination of Advertiser’s Ad Order (s) and/or Advertiser’s account without notice, without limiting any other remedies available to Zillow Group.
c. Non-compliant Ad Materials. SimplifyEm does not review Ad Materials prior to display, but SimplifyEm reserves the right to remove an Ad upon finding an error, violation of the Policies or this Agreement, or for any other reason.
d. SimplifyEm Vacancy Advertising program is provided ‘AS IS,’ “WITH ALL FAULTS” AND “AS AVAILABLE,” and the entire risk as to satisfactory quality, performance, accuracy, and effort is with Advertiser.
2.7 Real Estate Forms
Usage of Real Estate Forms creation within our software include the following acknowledgement on your part: You the End User:
a. Will use the Software only as an integral component of the SimplifyEm Product;
b. Will not Use the Software for development, compilation, debugging and similar design-time purposes;
c. Will not reverse-compile or decompile, analyze, reverse-engineer, reverse-assemble or disassemble, unlock or otherwise attempt to discover the source code or underlying algorithms of the Software or attempt to do any of the foregoing in relation to the Object Code of the Software; and
d. Will not modify, adapt, translate or create any derivative works of the Software or merge the Software into any other software.
e. Simplifyem Real Estate Forms are provided ‘AS IS,’ “WITH ALL FAULTS” AND “AS AVAILABLE,” and the entire risk as to satisfactory quality, performance, accuracy, validity, legality, and effort is with user.
3. Fees for Content and Services
3.1 Free Content and Services – SimplifyEm provides via the Websites content and services free of charge (“Free Content and Services”). SimplifyEm may alter the scope of Free Content and Services and/or may discontinue the provision of any of the Free Content and Services at any time. SimplifyEm will not charge You for any content or services unless You first consent to such charges, and You will not be allowed to access any non-free content or services without first agreeing to the charges associated with such content or services.
3.2 Product and Services requiring fee – For those products and services that require a fee, you will always have to first consent to such charges and you will not be allowed to access any non-free content or service without first agreeing to charges associated with such content or services. You will have the choice of monthly, annual, or multiyear subscriptions. You will be automatically billed on a monthly, annual or multiyear basis determined by your subscription choice during purchase.
3.3. Tenant screening is an ancillary product offered by SimplifyEm and is billed to the Customer at the time of use using the provided payment information. The customer must have a credit card on record in order to order any tenant screening products.
3.4. Customer agrees and understands that SimplifyEm is not obligated to refund any services which have been delivered.
3.5. All software subscriptions are considered delivered upon charge. Initial subscriptions for longer than monthly (1 Year, 2 Year, 3 Year and Lifetime) have 30 days from the initial purchase date for a full refund. After this period, there are no refunds. Subscription renewals for longer than monthly (1 Year, 2 Year, 3 Year and Lifetime) have 1 day from the renewal date for a full refund of the renewal amount. After this period, there are no refunds. Refunds are not available for monthly subscriptions. Ancillary products provided by SimplifyEm, such as tenant screening, property management forms, vacancy advertising, bookkeeping service, bank reconciliation service, online payments, or data imports are considered delivered at the time of order, whether or not the report, form or service ordered is returned used, or fully completed. There is no refund offered for these products.
4. User Provided Site Content
4.1 User Provided Content – SimplifyEm may publish information provided to it by users of the Websites (“User Provided Content”). SimplifyEm is not affiliated with any party providing User Provided Content and acts only as a venue for such User Provided Content. SimplifyEm does not warrant the truth or accuracy of User Provided Content. You agree to release and hold harmless SimplifyEm for any damages arising out of false or inaccurate User Provided Content.
4.2 Alteration and Removal of User Provided Content – SimplifyEm may alter without prior notice to You any User Provided Content which in its opinion is false, inaccurate or materially misleading on its face or otherwise. SimplifyEm may remove without prior notice to You any material from any User Provided Content which in its sole opinion is profane or offensive to other users of the Websites.
4.3 License to User Provided Content – You hereby grant SimplifyEm an irrevocable, worldwide, non-exclusive, perpetual license to any information, material, or works that You submit to SimplifyEm for publication on the Websites, including but not limited to information, materials, or works that You submit to SimplifyEm. You are solely liable for the content of any information, material, or works that You submit to SimplifyEm, and agree to indemnify and hold harmless SimplifyEm for any damages or actions arising out of such information, material or works You submit.
5. Non-User Provided Content
5.1 Third Party Content – SimplifyEm may provide content authored by third parties such as articles, interactive educational content, seminars, and audio and audio-visual content (“Third Party Content”). The views expressed in Third Party Content are those of the authors of such content and not necessarily of SimplifyEm. SimplifyEm shall not be liable for the truth or accuracy of Third Party Content.
5.2 Third-Party Data – SimplifyEm provides data acquired from third-party sources (“Third Party Data”). SimplifyEm provides third-party data for your reference only. SimplifyEm makes its best efforts to obtain reliable Third Party Data, it does not warrant the accuracy or applicability of any Third Party Data. You bear full responsibility for any use of Third Party Data You choose to make, and SimplifyEm shall bear no liability for any damages or other consequences of Your reliance on or use of any Third Party Data.
5.3 Other Site Content – SimplifyEm may provide additional content which is not Third-Party Content or User Provided Content. SimplifyEm will make its best efforts to assure the accuracy of such content. You agree to release and hold harmless SimplifyEm for any damages arising out of Your use of or reliance on such content.
6. Offsite Links
6.1 The Websites may contain links to World Wide Web content that is not a part of the Websites. You agree and acknowledge that SimplifyEm is not responsible for such content.
7. Privacy
7.1 Personal Information – SimplifyEm will collect certain personal information from You in connection with Your registration and use of the Websites, including Your full name, address, credit card information (if You elect to access non-free content or services), telephone number, and email address. SimplifyEm will use Your Personal Information in connection with the provision of content and services to You and to communicate with You, and to tell You about other SimplifyEm product and services.
7.2 Third-Party Use of Personal Information – SimplifyEm will not share your Personal Information with any third party except under the following circumstances: (i) as required by valid legal process; or (ii) to enforce the terms of this Agreement; (iii) provide email address to the partner that referred you to SimplifyEm; or (iv) Through voluntarily filling out our online ‘Quote Request’ form for property management directory information such as your name, property address, telephone number, or email address. Third parties that match the requirements of services you seek may receive this information.
Without limiting the foregoing, SimplifyEm will provide your Personal Information to any successor in interest of the business conducted by SimplifyEm in connection with any of the Websites or the services provided in connection with any of the Websites.
7.3 Aggregate Information – SimplifyEm may use non-personally identifiable information, including aggregate information, to improve the Websites and users’ experiences with the Websites, including but not limited to, using such information in the testing of website design and testing. SimplifyEm may use such information to identify products or services that may be of general interest to users and may share such information with third parties in connection with advertising, marketing, and the like.
7.4 Maintenance of Information – SimplifyEm will make its best efforts to maintain all user information securely. You agree to release and hold harmless SimplifyEm for any damages arising out of any failure of such efforts.
7.5 Application Data – Application data is data created by your usage of applications such as properties, tenants, and leases. and other similar data. That data is yours, you may update, delete, and export your data as long as you have access to your account. We will use your application data 1. To provide customer support and obtain feedback. 2. To meet legal requirements like complying with court orders and valid subpoenas. 3. To provide services through third parties like tenant screening, renters insurance, tax filings, electronic payments and others. 4. To support and improve the product.
8. Customer Marketing
8.1 Customer Communications – By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
You consent to receive SMS messages (including text messages), calls, and messages (including prerecorded and artificial voice and auto-dialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your account. You certify, warrant, and represent that the telephone numbers that you have provided to us are your numbers and not someone else’s. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.
Opt-In: By providing your phone number, you consent to receive SMS messages regarding property updates, maintenance requests, and important notifications.
Opt-Out For SMS: Reply ‘STOP’ to your Property Manager opt-out at any time
8.2 Telemarketing Calls – If you have provided consent for telemarketing calls, you agree that: (i) we, our agents, representatives, affiliates, third parties, and anyone calling on our behalf may call, email, or SMS messages (including text messages) you at the numbers and addresses you have provided for purposes of describing goods and services that may be of interest to you, offered by us, our affiliates and/or third parties; (ii) agree these calls, text and email messages may be made using an automatic dialing or email system technology and/or involve prerecorded and/or artificial voice messaging. Your consent, if provided, will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent for telemarketing calls shall remain in effect until you revoke it. Your consent to telemarketing calls may be revoked by informing the telemarketing representative, or any other method, which ensures we receive the revocation.
Your consent to telemarketing calls is not a condition of obtaining any service from us. You also understand that your cellular or mobile telephone provider will charge you according to the type of plan you carry.
Opt-Out: You can revoke your consent by contacting us via email at support@simplifyem.com or by calling Support. You may also reach us in writing, at the following address: SimplifyEm.com, 38750 Paseo Padre Parkway, Suite A-10, Fremont, CA 94536 Attention: Compliance
Opt-Out For SMS: Reply ‘STOP’ to your Property Manager opt-out at any time
You will print a copy of this Agreement for your records and you agree and acknowledge that you can access, receive, and retain all Disclosures electronically sent via email or posted on the Site.
9. SimplifyEm Intellectual Property
9.1 The Websites contain intellectual property that is subject to various protections under applicable state and federal law. You agree not to violate any valid intellectual property rights in connection with Your use of the Websites.
9.2 “SimplifyEm”, “DepreciateEm”, “DeferEm”, “SimplifyEm” and “RealTaxTips”, and the domain names derived there from are trademarks of SimplifyEm. Websites Content and Websites layout are copyright SimplifyEm. The visual appearance of the Websites is protected trade dress of SimplifyEm under 15 U.S.C. § 1125 et seq.
10. Rights Of Intellectual Property Owners
10.1 DMCA Compliance – SimplifyEm respects the intellectual property rights of others, and operates the Websites in compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq. Notices and Counter Notices under the DMCA may be sent to SimplifyEm by email to: legal@SimplifyEm.com.
10.2 Notices and Counter Notices – Owners of intellectual property rights, including but not limited to rights in the nature of trademark, patent, or copyright (“Rights Owners”), who believe Your User Provided Content or other content You provide infringes their intellectual property rights may send notice to SimplifyEm’s Designated Agent requesting that SimplifyEm remove Your User Provided Content or other content You provide the Websites. Upon receiving a valid request from such an owner, SimplifyEm will remove the allegedly infringing User Provided Content or other content You provide and notify You in accordance with 17 U.S.C. § 512. Upon receiving a notification pursuant to the preceding paragraph, You may counter-notify SimplifyEm in accordance with 17 U.S.C. § 512.
11. Warranties and Limitations of Liability
11.1 WAIVER – SimplifyEm HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE WEBSITES.
11.2 Limitation on Liability – Without limiting the foregoing, SimplifyEm shall not be liable to You or any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of Your use of Websites or otherwise, even if SimplifyEm has been advised of the possibility of such damages, costs or losses. In no event will SimplifyEm’s liability to You or any other person or entity exceed the amounts paid by You under this Agreement.
12. Dispute Resolution
12.1 Dispute Resolution – Any dispute arising out of the use of the Websites or this Agreement shall be governed by the laws of the State of California, Alameda County, without regard to its conflict of laws provisions. You hereby agree to personal jurisdiction in the courts of the State of California, Alameda County, and agree not to bring any action against SimplifyEm in any other jurisdiction. Nothing in this Agreement shall limit the rights of SimplifyEm to initiate an action against You in any other jurisdiction where such jurisdiction may be properly exercised.
13. Miscellaneous Provisions
13.1 Relationship of the Parties – You and SimplifyEm are independent contractors, and nothing in this Agreement will create a joint venture, partnership, employment relationship, franchise relationship or taxable entity between You and SimplifyEm.
13.2 Notices – All notices provided for in this Agreement will be by email. You agree to provide to SimplifyEm a valid email address for such purposes and to advise SimplifyEm immediately of any updates to Your email address. Notices to SimplifyEm shall be sent to support@SimplifyEm.com.
13.3 Entire Agreement – This Agreement embodies the entire agreement between You and SimplifyEm and supersedes and cancels any prior agreement, express or implied, written or oral, with respect to its subject matter. No modification, deletion, or amendment of any provision by You will be binding unless SimplifyEm agrees to such modification, deletion, or amendment in writing.
13.4 No Waiver – No waiver of any default under this Agreement will apply to any subsequent default, whether of a similar nature or not, nor will any such waiver be construed as a waiver of any other provision of this Agreement.
13.5 Severability – If any provision, or portion thereof, of this Agreement, or its application to any person or circumstance, be found invalid, illegal or unenforceable to any extent, the remainder of this Agreement, such provision and their application will not be affected thereby, but will be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as is possible, to the original intent of the parties, and will otherwise be enforceable to the fullest extent permitted by law.
13.6 Construction – Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural and vice versa, and the neutral gender shall include the feminine and masculine genders and vice versa. The headings in this Agreement are for convenience only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any of its provisions.
13.7 Successors and Assigns – All of the covenants, terms, provisions and agreements contained in this Agreement will be binding upon, and inure to the benefit of, the parties hereto and, to the extent permitted by this Agreement, their respective heirs, legal representatives, successors and assigns.
