Terms of Service
The terms "we", "us", and "our" refer to Simply Contract LLC. The term "Site" refers to www.gosimplycontract.com. The term "user", "you" and "your" refers to Site visitors, customers and any other users of the Site.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Simply Contract LLC, in association with the use of the Site and its Services, which shall be defined below. By using the Site or the Services, you agree to the TOS, without modification, and acknowledge reading them.
DESCRIPTION OF SERVICES OFFERED
The Site is a legal product and services website designed to help creatives and small business owners by providing legal information and materials, including easy-to-fill-in legal contracts and business entity formation services ("Services").
Any and all visitors to the Site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications (and those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs), are the sole property of Simply Contract LLC. At its discretion, Simply Contract LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Simply Contract LLC hereby reserves the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user, acknowledge, accept and agree that Simply Contract LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Site and the Services provided, after the posting of any such updates, changes, and/or modifications, shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the Site and the provided Services.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Simply Contract LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
NO LEGAL ADVICE AND NO ATTORNEY-CLIENT RELATIONSHIP
Using the Site or the Services does not create an attorney-client relationship between you and us. Customized legal advice is not provided within the Site or the Services. We are not a law firm and cannot and do not provide legal advice, opinions or recommendations in connection with the Site or the Services. If you require legal advice, you should hire an attorney authorized to practice law in your jurisdiction. All of the information and content provided throughout the Site or the Services, whether available for purchase or not, is for educational and informational purposes only and should not take the place of hiring and consulting an attorney. Neither receipt of information presented on the Site or the Services nor any email or other electronic communication submitted or received on the Site or the Services will create an attorney-client relationship between you and us. Any information that you provide by reason of your use of the Site or the Services is not privileged or confidential. No user of the Site or the Services should act, or refrain from acting, on the basis of any information included on the Site or the Services without first consulting legal counsel in the applicable jurisdiction.
USE OF THE SITE
To use the Site, you must be 18 years of age or older. In addition, you must be in good standing and not an individual that has been previously barred from receiving Simply Contract LLC's Services, either in Simply Contract LLC's sole discretion or under the laws and statutes of the United States or other applicable jurisdiction.
Furthermore, you hereby acknowledge, understand and agree to:
furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Simply Contract LLC will have sufficient grounds and rights to suspend or terminate the user in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Simply Contract LLC's Services, or any portion thereof.
It is Simply Contract LLC's priority to ensure the safety and privacy of all its visitors and users, especially that of children. Therefore, children under the age of 18 are prohibited from accessing or otherwise using the Site or the Services.
ORDERS OF PRODUCTS AND SERVICES
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or the Services, subject to us fulfilling our previous responsibilities to you based upon acceptance of your payment. If we choose to refuse your order after payment has been processed, we will refund your money.
We will e-mail you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this e-mail confirmation, it is your responsibility to inform us as soon as possible. Given the digital nature of our products, we do not offer refunds for digital products once they are purchased. At any time and from time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
USER ACCOUNT, USERNAME, PASSWORD AND SECURITY
You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site or the Services. It shall be your responsibility to notify Simply Contract LLC immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Simply Contract LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Simply Contract LLC.
Furthermore, you herein agree not to make use of Simply Contract LLC's Services for the purpose of:
uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
causing harm to minors in any manner whatsoever;
impersonating any individual or entity, including, but not limited to, any Simply Contract LLC officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law;
interfering with or disrupting any Simply Contract LLC Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
intentionally or unintentionally violating any local, state, federal, national or international law;
"stalking" or with the intent to otherwise harass another individual; and/or
collecting or storing any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Simply Contract LLC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services.
Simply Contract LLC herein reserves the right to access, preserve and/or disclose user account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
compliance with any legal process;
enforcement of the TOS;
responding to any claim that therein contained content is in violation of the rights of any third party;
responding to requests for customer service; or
protecting the rights, property or the personal safety of Simply Contract LLC, its visitors and users, including the general public.
Simply Contract LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Simply Contract LLC or any other content providers supplying content services to Simply Contract LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
CONTRIBUTIONS TO COMPANY WEBSITE
When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
your Contributions do not contain any type of confidential or proprietary information;
Simply Contract LLC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
Simply Contract LLC shall be entitled to make use of and/or disclose any such Contributions in any such manner as it may see fit;
the contributor's Contributions shall automatically become the sole property of Simply Contract LLC; and
Simply Contract LLC is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users herein agree to insure and hold Simply Contract LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorneys' fees made by any third party, which may arise from the use of Simply Contract LLC's Services or your connection with these Services, your violations of the TOS and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Simply Contract LLC's Site or Services.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Simply Contract LLC may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Simply Contract LLC, nor the maximum number of email messages that may be sent and/or received by any user, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Simply Contract LLC's servers on the user's behalf, and/or the maximum number of times and/or duration that any user may access our Services in a given period of time. In addition, you also agree that Simply Contract LLC has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Simply Contract LLC shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Simply Contract LLC shall reserve the right at any time it may deem fit, to modify, alter and/or discontinue, whether temporarily or permanently, our Site or our Services, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Site or our Services, or any part thereof.
As a user of www.gosimplycontract.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to email@example.com.
As a user, you agree that Simply Contract LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
by way of requests from law enforcement or any other governmental agencies;
the discontinuance, alteration and/or material modification to our Services, or any part thereof;
technical or security issues and/or problems;
any extended periods of inactivity;
any engagement by you in any fraudulent or illegal activities; and/or
the nonpayment of any associated fees that may be owed by you in connection with your account Services on the Site.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with the Site shall include any and/or all of the following:
the removal of any access to all or part of the Services offered within the Site;
the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
the barring of any further use by you of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on the Site or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Simply Contract LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Simply Contract LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Simply Contract LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or alleged to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You hereby acknowledge and agree that Simply Contract LLC's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Simply Contract LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Simply Contract LLC's Services (e.g., the Site, Content or Software), in whole or part.
Simply Contract LLC herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Simply Contract LLC for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE USE OF SIMPLY CONTRACT LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. SIMPLY CONTRACT LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SIMPLY CONTRACT LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SIMPLY CONTRACT LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SIMPLY CONTRACT LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SIMPLY CONTRACT LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SIMPLY CONTRACT LLC'S SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SIMPLY CONTRACT LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SIMPLY CONTRACT LLC AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
THE USE OR INABILITY TO USE OUR SERVICE;
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE SECTIONS RELATING TO WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH CIRCUMSTANCES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICES YOU HAVE PURCHASED FROM THE SITE, AND IF NO PURCHASE HAS BEEN MADE BY YOU OUR CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Simply Contract LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on the Site, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Simply Contract LLC trademarks, copyright, trade name, service marks, and other Simply Contract LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Simply Contract LLC. You herein agree not to display and/or use in any manner the Simply Contract LLC logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Simply Contract LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Simply Contract LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes upon our intellectual property rights.
This TOS constitutes the entire agreement between you and Simply Contract LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Simply Contract LLC's Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Simply Contract LLC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM; MEDIATION
It is at the mutual agreement of both you and Simply Contract LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Illinois without regard to its conflict of law provisions. The exclusive venue for any arbitration or court proceeding based on or arising out of the TOS shall be Cook County, Illinois, and the parties agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the TOS by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or any arbitration or other proceeding is brought for the enforcement of the TOS, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the TOS, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Simply Contract LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the TOS shall remain in full force and effect.
The subject headings of the paragraphs and subparagraphs of the TOS are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
The TOS bind and inure to the benefit of the parties' successors and assigns. The TOS are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid and void.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Please direct any inquiries pertaining to the TOS to Simply Contract LLC at firstname.lastname@example.org.