YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Except as expressly provided herein, these Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
SimplyWilled provides an online legal portal to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to prepare their own legal documents. SimplyWilled hosts its proprietary software as a backend service for customers when they create their own documents. The Site includes general information on commonly encountered legal issues, and offers online forms and questionnaires to walk the Customer through providing the information necessary to build legal documents.
The Keep It Simple Services provided at SimplyWilled also include a review of your answers for completeness, spelling, and for internal consistency of names, addresses, and other data input by the Customer. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Keep It Simple is not a law firm and does not perform services performed by an attorney. Keep It Simple, its Services, and its forms or templates are not a substitute for the advice or services of an attorney.
BY USING OUR SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THAT ANY ERROR REVIEW IS AN AUTOMATED PROCESS THAT IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. IT IS ON A BEST EFFORT BASIS AND IS NOT A COMPREHENSIVE ANALYSIS. YOU AGREE TO READ THE FINAL DOCUMENT(S) IN THEIR ENTIRETY PRIOR TO EXECUTION, AND AGREE TO BEAR SOLE RESPONSIBILITY FOR THE FINAL DOCUMENT(S).
At SimplyWilled, we strive to keep our documents and information accurate and up-to-date. However, because the law changes rapidly, we cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind SimplyWilled provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date.
The Site and Applications are not intended to create any attorney-client relationship, and your use of SimplyWilled does not and will not create an attorney-client relationship between you and Keep It Simple or any of its employees, agents, subsidiaries or affiliates. Instead, you are and will be representing yourself in any legal matter you undertake through LegalZoom’s legal document service. Accordingly, the information you provide us in using our Site and Services is not protected by the attorney-client privilege or as attorney work product. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify us immediately of any unauthorized use of your account, user name or password. Keep It Simple shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Keep It Simple, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
By using and accessing our Site and Services, you consent to have your personal data collected, used, transferred to and processed in the United States. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You agree that you provide your personal information and other data provided to Keep It SImple at your own risk.
2. Ownership. This Site and Applications are owned and operated by Keep It Simple, LLC. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Keep It Simple or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Keep It Simple, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Keep It Simple’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Keep It Simple does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Keep It Simple. Any rights not expressly granted herein are reserved by Keep It Simple.
4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than Keep It Simple (each a “Third Party Site”). Keep It Simple works with a number of partners and affiliates whose sites are linked with Keep It Simple. Keep It Simple may also provide links to other citations or resources with whom it is not affiliated. Keep It Simple is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Keep It Simple makes no guarantees about the content or quality of the products or services provided by such sites. Keep It Simple is not responsible for webcasting or any other form of transmission received from any Third Party Site. Keep It Simple is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Keep It Simple of the Third Party Site, nor does it imply that Keep It Simple sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Keep It Simple is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. Authorized Use.
United States Users Only.
The Services are controlled and operated from the United States. Keep It Simple makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident outside the United States, of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
Keep It Simple Intellectual Property.
License to Use.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
Prohibited Activities – Resale of Forms Prohibited.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Keep It Simple.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system to access the Services in a manner that sends more request messages to the Keep It Simple and/or SimplyWilled servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Keep It SImple grants the operators of public search engines revocable permission to use spiders to copy materials from publicly accessible web pages at SimplyWilled for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
6. CUSTOMER DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Reservation of Rights:
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us at email@example.com. In the unlikely event that we are unable to resolve your complaint to your satisfaction (or if Keep It Simple has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. By using our Site and Services, you agree that any arbitration under these Terms will take place on an individual basis and waive the right to participate in a class action; class arbitrations and class actions are not permitted. No arbitration proceeding of any nature shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers, or potential customer or Persons similarly situated.
You may speak with independent legal counsel before using this Site or completing any purchase.
(a) Keep It Simple and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “Keep It Simple,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
Notwithstanding the foregoing, either party may bring an individual action in the small claims court of the District of Columbia Superior Court. You agree that: (i) the Services shall be deemed solely based in the District of Columbia; and (ii) the Services shall be deemed passive that do not give rise to personal jurisdiction over Keep It Simple, either specific or general, in jurisdictions other than the District of Columbia. You expressly agree that your rights and obligations, these Terms, and any disputes shall be governed by and interpreted in accordance with the laws of the District of Columbia, excluding its choice of law rules. You also acknowledge and agree that you are waiving the right to a jury trial, and to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Keep It Simple otherwise agree in writing, you agree not to consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. You agree that, by entering into these Terms, you and Keep It Simple are each waiving the right to a trial by jury or to participate in a class action.
This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Keep It Simple should be addressed to: Notice of Dispute, General Counsel, Keep it Simplel LLC, 1725 DeSales Street NW, Suite 600, Washington, DC 20036 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Keep It Simple and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Keep It Simple may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Keep It Simple or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Keep It Simple is entitled.
(c) The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Keep It Simple and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Keep It Simple was a party. The payment of arbitration fees will be governed by the AAA Rules.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Keep It Simple’s last written settlement offer made before an arbitrator was selected, then Keep It Simple will:
- pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater; and
- pay your attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “attorney’s payment”).
- IN NO EVENT SHALL KEEP IT SIMPLE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO KEEP IT SIMPLE HEREUNDER.
If Keep It Simple did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Keep It Simple’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before Keep It Simple’s settlement offer.
(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND KEEP IT SIMPLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Keep It Simple agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
Certain aspects our Services may be provided for a fee or other charge. If you elect to use the paid aspects of our Services, you agree to the pricing, payment and billing policies applicable to such fees and charges. Keep It Simple may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. In placing an order through the Site, you authorize Keep It Simple to charge your credit card for all fees and charges incurred in connection with your use of the Services, including Keep It Simple’s fees, government fees, taxes and other third party fees. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase of our Services at the prices in effect at the time the charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
In the event you receive a refund of monies for your purchase from Keep It Simple, you agree to release all claims against Keep It Simple arising out of or related to your use or access of our Site, Applications, and Services.
If you register with us, you may cancel your account at any time; however, there are no refunds for cancellation. In the event that Keep It Simple suspends or terminates your account or these Terms of Service, you understand and agree that you shall receive no refund or exchange for any Keep It Simple Content, any unused time or service on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.
Rights and Responsibilities of Keep It Simple.
Keep It Simple is not the publisher or author of the User Content. Keep It Simple takes no responsibility and assumes no liability for any content posted by you or any third party. You are solely responsible for your interactions with any other users of our Services.
Although we cannot make an absolute guarantee of system security, Keep It Simple takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us at firstname.lastname@example.org for help.
If Keep It Simple’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Keep It Simple reserves the right to delete those files or to stop those processes. If the Keep It Simple technical staff suspects a user name is being used by someone who is not authorized by the proper user, Keep It Simple may temporarily disable that user’s access in order to preserve system security. In all such cases, Keep It Simple will contact the member as soon as feasible.
Keep It Simple has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Rights and Responsibilities of Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any Keep It Simple service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
- that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
- that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
- that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
- that contains any computer virus, worms, or other potentially damaging computer programs or files;
Attorneys that submit User Content and provide advice do so at their own risk.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant Keep It Simple a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that Keep It Simple may use your email address to contact you about the status of your review and other administrative purposes.
9. NO WARRANTY. THE SITE, APPLICATIONS, SERVICES, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, KEEP IT SIMPLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KEEP IT SIMPLE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
KEEP IT SIMPLE MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. KEEP IT SIMPLE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
WITHOUT LIMITING THE FOREGOING, KEEP IT SIMPLE AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THEIR WEBSITE, DOCUMENTS, OR TEMPLATES IS ACCURATE, RELIABLE OR UP-TO-DATE; THAT THE SERVICES WILL MEET YOUR NEEDS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS KEEP IT SIMPLE AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OTHER AFFILIATED COMPANIES, CONTRACTORS, AND AGENTS, FOR ANY DAMAGES (INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL), OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, EXPENSES, AND
CLAIMS, HOWEVER ARISING (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF KEEP IT SIMPLE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF KEEP IT SIMPLE ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
UNDER NO CIRCUMSTANCES WILL KEEP IT SIMPLE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN, OR THAT RESULTS FROM THE USE OF, OR INABILITY TO USE, OUR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KEEP IT SIMPLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. KEEP IT SIMPLE EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION THAT MAY BE DEEMED CONFIDENTIAL BY YOU OR ANY THIRD PARTY. IN NO EVENT SHALL KEEP IT SIMPLE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO KEEP IT SIMPLE HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KEEP IT SIMPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
11. Unsolicited Submissions. Except as may be required in connection with your use of our Services, Keep It Simple does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Keep It Simple through or in association with this Site shall be considered non-confidential and Keep It Simple’s property. By providing such submissions to Keep It Simple you hereby assign to Keep It Simple, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Keep It Simple m shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
12. Compliance with Intellectual Property Laws. When accessing Keep It Simple or using its legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your user account.
Keep It Simple has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Keep It Simple or of a third party or that violate intellectual property rights generally. Keep It Simple’s policy is to remove such infringing content or materials and investigate such allegations immediately.
- Notice. Keep It Simple has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. We have adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of a third party, or otherwise violated any intellectual laws or regulations. Our policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
c/o Keep It Simple, LLC
1725 DeSales Street, NW, Suite 600
Washington, DC 20036
- Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the District of Columbia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.
14. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
15. Personal Use. The site is made available for your personal use on your own behalf.
16. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
17. Non-English-Speaking Customers. Certain materials on the Keep It Simple site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English.
18. Customers Needing Extra Assistance. Keep It Simple aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the Keep It Simple website, or otherwise have difficulties using the LegalZoom website, please contact us and our customer care team will assist you.
20. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, software, documents, and products, Copyright ©, Keep It Simple, LLC. ALL RIGHTS RESERVED.
21. Trademarks. “SimplyWilled.com,” “SimplyWilled,” the bi-colored “SimplyWilled” logo, the “Simply Owl,” all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Keep It Simple, LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
22. Use of Testimonials and Media Endorsements. The media hosts on the Site endorse Keep It Simple as paid spokespeople in our advertising campaigns.
24. Inquiries. BY USING KEEP IT SIMPLE’S SERVICES OR ACCESSING THE SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO KEEP IT SIMPLE VIA THE SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO KEEP IT SIMPLE, AND THAT WE MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
25. Right to Refuse. You acknowledge that Keep It Simple reserves the right to refuse service to anyone and to cancel user access at any time.
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