Terms of Service
Welcome to Simpleending, operated by Simple Divorce, LLC. As used in this agreement, the terms “us”, “we” or “our” refers to Simple Divorce, LLC.
Effective: September, 2021
Introduction
By accessing or using our Services on simpleending.com (the “Website”), our mobile application (the “App”), or any other platforms or services we may offer (collectively, the “Service” or our “Se rvices”), you agree to, and are bound by, this Terms of Use Agreement. This Terms of Use Agreement applies to anyone who accesses or uses our Services, regardless of whether you create an account or registration or purchase any of our Services.
Your use of our Services is also subject to our Privacy Policy and any terms disclosed and agreed to by you when you purchase additional features, products, or services from us. Our Privacy Policy and any of these additional terms are incorporated into this Terms of Use Agreement by reference. The term “Terms” or “Agreement” means, collectively, this Agreement, our Privacy Policy and any such agreements. If you do not wish to be bound by this Agreement, do not use our Website, App or Services.
We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you should stop using our Services.
Services
Our Services provide users with (i) content that addresses many questions and topics that pertains to divorce, (ii) a software solution that allows them to prepare certain divorce documents, and (iii) other premium features that may be applicable in more complicated situations, such as referrals to legal services to assist users working through such a divorce. While we may review information you provide for completeness, spelling and internal consistency, we do not review the information you provide or the documents produced by our Services for legal sufficiency, to draw legal conclusions, or to provide legal advice, opinions or recommendations. We are not a law firm and we do not perform services performed by an attorney, such as assessing or advising you about
your legal rights, or the legal remedies, defenses, options or strategies you should pursue. At no time will an attorney-client relationship exist between us and any user.
Our Services are designed primarily for amicable, uncontested divorce actions and address generalized circumstances. If the action could be contested or is complex, or if you need customized advice for a specific problem, we advise you to engage a licensed lawyer.
While we strive to keep the content and documents available in or through our Services accurate and current with law and court rules, the law and local court rules or procedures can change with little notice. Therefore, we do not guarantee that all of the information on the Website or App is completely accurate and current. 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.
To use our Services, you must be at least 18 years old and legally qualified to enter into this Agreement. By using our Services, you agree to:
You agree to indemnify us for any claim, demand, losses and other liabilities, including attorneys’ fees, arising from or related to any breach of this greement by you.
Content and Licenses
Content
You are solely responsible and liable for all content you provide when using our Services. You agree to indemnify, defend, release, and hold us harmless from any claims made in connection with your content.
Our content includes any other text, graphics, user interfaces, trademarks, logos, sounds, artwork, video, images and other intellectual property appearing on our Services. Our content is owned, controlled or licensed by us and is often protected by copyright, trademark and other intellectual property law rights. All rights, title and interest in and to our content remains with us at all times. While we grant you a limited license to access and use our content below, and we reserve all other rights.
Licenses
For as long as you comply with these Terms and are using our Services, we grant you a personal, non-assignable, non-exclusive, revocable and non-sublicensable license to access and use our Services. This license is limited to the purposes for which the Services are intended and as permitted by these Terms and applicable law. This license terminates when you no longer use our Services or delete (or otherwise terminate) any account you create with us.
By using our Services, you grant us a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute your content, in whole or in part, and in any format or medium currently known or developed in the future. If you provide us any suggestions or feedback relating to our Services, you agree that we may use and share such feedback for any purpose without compensating you.
Our use of any content provided by you will be governed by our Privacy Policy.
Purchases
If you make a purchase while using our Services, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time). You authorize us to charge the payment method you provide (your “Payment Method”). We may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may terminate your account or access to our Services at any time in its sole discretion.
If your purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.
If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. Certain users may be entitled to request a refund.
Unless otherwise agreed at the time of purchase, all purchases are final and nonrefundable.
Third-party Content
Our Services may contain content provided by third parties on our Website and App. This content may include advertisements and promotions offered by third parties and links to other websites or resources. An example of this third-party content may be content provided by or linking to law firms, governmental offices, courts or other companies that support or engage in legal services. We may also provide non-commercial links or references to third parties within its content.
We are not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, we are not responsible for, and do not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with any third party made available through our Services, such party’s terms or agreement will govern its relationship with you. You agree that we are not responsible or liable for such third parties’ terms or actions.
Termination of Accounts and Services
You can delete using our Services at any time. If you create an account when using our Services, you can delete your account at any time.
We reserve the right to investigate and, if appropriate, suspend or terminate your account or use of our Services, without issuing a refund when applicable, if you have violated these Terms, misused our Services, or behaved in a way that we regard as inappropriate or unlawful. We reserve
the right to make use of any personal, technological, legal, or other means available to enforce the Terms, including, but not limited to, reventing you from accessing the Services.
If your account is terminated by you or by us for any reason, these Terms continue and remain enforceable between us, and you will not be entitled to any refund for purchases made (unless we terminate your account without cause). Your information will be maintained and deleted in accordance with our Privacy Policy.
Disclaimers
EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, WE (I) PROVIDE OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW AND (II) GRANT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR
SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY WHEN USING OUR SERVICES INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, DELAY IN OPERATION OR TRANSMISSION, OR ANY OTHER TECHNICAL MALFUNCTION.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 8 WILL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Dispute Resolution
If you are dissatisfied with our Services for any reason, please contact our Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against our or any of our affiliates, these terms will apply.
Arbitration, Class-action Waiver, and Jury Waiver
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration
Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration will be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator will determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain any class action, class arbitration, or other representative action or proceeding, against us.
Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration will be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator will determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain any class action, class arbitration, or other representative action or proceeding, against us.
By using our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a neutral arbitrator, not a judge or jury, and the arbitrator will determine all
issues regarding the arbitrability of the dispute. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation
against us (except for small-claims court actions) may be commenced only in the federal or state courts located in Salt Lake County, Utah. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Governing Law and Venue
The laws of Utah, excluding Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 9a above is governed by the Federal Arbitration Act.
Entire Agreement
The Terms contain the entire agreement between you and us regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind us in any manner.
