The following Terms and Conditions of Use (the “Agreement”) constitute an agreement between You and SimplifyEm.com, Incorporated, a Nevada corporation (“SimplifyEm”), operator of the website “SimplifyEm.com” and all related websites (the “Websites”).

Your use of the Websites and the services provided on them is 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 is subject to these terms, conditions, licenses and disclaimers. The SimplifyEm Privacy Policy, available at https://www.simplifyem.com/privacy/, is incorporated into this Agreement by reference with respect to SimplifyEm’s collection, use, disclosure, retention and protection of personal information.

SimplifyEm may amend this Agreement from time to time. When we do, we will post the revised Agreement and update the Effective Date / Last Updated date above. If a change is material, we may provide additional notice where appropriate or required by applicable law. Your continued use of the Websites after the effective date of the revised Agreement constitutes Your acceptance of the revised Agreement.

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’s express written permission.

Not to take any action that imposes, or may impose in SimplifyEm’s sole discretion, an unreasonable or disproportionately large load on SimplifyEm’s 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” Website 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 them, except to the extent otherwise required by applicable law.

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 access to data provided by You, subject to any data access or export rights provided by the applicable service, the Privacy Policy, contractual commitments, and applicable law.

2. Services

2.1 Services Generally – SimplifyEm provides services in connection with the Websites, including but not limited to services in the form of online 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, except to the extent such limitation is prohibited by applicable law.

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 maintain such data between sessions in accordance with the functionality of the applicable service, SimplifyEm’s Privacy Policy, contractual commitments and applicable law. Unless SimplifyEm expressly agrees otherwise, the services are not intended to serve as Your sole backup or archival system. You are responsible for maintaining independent copies of important data. SimplifyEm may delete, restrict access to, or retain data following account termination or in accordance with its retention practices, subject to applicable law and contractual commitments.

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, except to the extent prohibited by applicable law.SimplifyEm tries to provide content that is true and accurate as of the date of writing in our property management directory; however, we give no assurance or warranty regarding the accuracy, timeliness, or applicability of any of the contents. Visitors to the SimplifyEm property management directory should confirm with the appropriate state real estate commission or licensing agency that a property manager has the appropriate licensing and credentials.

2.4 Tax Information Disclaimer – SimplifyEm is not a law firm, accounting firm, tax preparer, or tax advisor and is not authorized to practice before the Internal Revenue Service on Your behalf. Any tax-related information provided by SimplifyEm is for general informational purposes only and does not constitute tax, legal, accounting, or other professional advice. You are responsible for consulting Your own qualified tax or legal advisor regarding Your specific circumstances.

2.5 Use of SimplifyEm Property Management Forms – SimplifyEm allows You a personal, limited, non-transferable license to use SimplifyEm Forms (“Forms”) for internal business and personal use. You acknowledge and agree that, except as expressly permitted by SimplifyEm, You will not edit, modify, copy, reproduce, alter, reverse engineer, enhance or in any way change or misuse any of the Forms, except for modifications made in filling out the Forms for Your authorized use. You also agree not to remove any copyright information from the Forms.We prohibit the resale 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 by You in connection with a client of Yours, and may not be redistributed or sold without the 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 includes the following acknowledgement on Your part as the End User:

a. You will use the Software only as an integral component of the SimplifyEm Product;

b. You will not use the Software for development, compilation, debugging and similar design-time purposes;

c. You 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. You 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 the 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 Products and Services Requiring a Fee – For products and services that require a fee, You must first consent to the applicable charges and will not be allowed to access non-free content or services without first agreeing to those charges. You may have the choice of monthly, annual, or multiyear subscriptions. Unless otherwise disclosed at purchase, recurring subscriptions automatically renew and will be billed on the monthly, annual, or multiyear basis selected by You until canceled. SimplifyEm will provide renewal disclosures, notices, and cancellation methods as required by applicable law. Cancellation stops future renewals but does not by itself create a right to a refund for charges already incurred, except as provided below or required by applicable law.

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, except as otherwise stated in this Agreement or required by applicable law.

3.5 All software subscriptions are considered delivered upon charge. Initial subscriptions 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 except as required by applicable law. Subscription renewals for longer than monthly (1 Year, 2 Year and 3 Year) have 1 day from the renewal date for a full refund of the renewal amount. Lifetime subscriptions do not renew. After the applicable refund period, there are no refunds except as required by applicable law. Refunds are not available for monthly subscriptions except as required by applicable law. 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 except as required by applicable law.

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, except to the extent prohibited by applicable law.

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, except to the extent prohibited by applicable law.

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, but 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, except to the extent prohibited by applicable law.

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, except to the extent prohibited by applicable law.

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 Privacy Policy – SimplifyEm’s collection, use, disclosure, retention, and protection of personal information are described in the SimplifyEm Privacy Policy. The Privacy Policy is incorporated into this Agreement by reference. If there is a conflict between this Section 7 and the Privacy Policy concerning the handling of personal information, the Privacy Policy will control to the extent of that conflict, subject to applicable law.

Privacy Policy: https://www.simplifyem.com/privacy/

7.2 Third-Party Use and Disclosure of Personal Information – SimplifyEm may disclose personal information as reasonably necessary to provide, secure, support, analyze, and improve its Websites and services and for the other purposes described in the Privacy Policy. This may include disclosure to service providers and vendors; payment and financial providers; identity and verification providers; website analytics, visitor-identification, and marketing providers; communications providers; legal and compliance recipients; and parties involved in a business transaction. SimplifyEm may also disclose personal information as required by valid legal process or to enforce this Agreement. SimplifyEm does not sell personal information for monetary payment. Some privacy laws may define “sale,” “sharing,” or similar terms more broadly; where such laws apply, SimplifyEm will provide notices and choices required by applicable law.

7.3 Aggregate and Website Usage Information – SimplifyEm may use non-personally identifiable or aggregate information to improve the Websites and users’ experiences, including testing website design and features. SimplifyEm may also collect and use website and usage information as described in the Privacy Policy, including for analytics, attribution, marketing, and visitor-identification activities on certain public marketing pages. Browser privacy signals and visitor-identification opt-out choices are handled as described in the Privacy Policy.

7.4 Maintenance and Security of Information – SimplifyEm maintains administrative, technical, and organizational safeguards designed to protect personal information against unauthorized access, alteration, disclosure, loss, or misuse. No method of transmission or storage can be guaranteed to be completely secure, and SimplifyEm does not warrant absolute security. Nothing in this Agreement limits any rights or obligations that cannot be limited under applicable law.

7.5 Application Data – Application data is data created by Your usage of applications, such as properties, tenants, leases, and other similar data. Subject to the functionality of the applicable service, account status, the Privacy Policy, and applicable law, You may update, delete, and export Your application data while You have access to Your account. SimplifyEm may use application data: (1) to provide customer support and obtain feedback; (2) to meet legal requirements, including complying with court orders and valid subpoenas; (3) to provide services through third parties such as tenant screening, renters insurance, tax filings, electronic payments and others; and (4) to support and improve the product.

8. Customer Marketing and Communications

8.1 Customer Communications – By providing SimplifyEm with contact information, You agree that SimplifyEm may contact You as reasonably necessary to provide, administer, secure, or support Your account and the services You use, including by email, telephone, or text message where permitted by law. Marketing or telemarketing communications will be sent only where SimplifyEm has obtained any consent required by applicable law.

Opt-In for SMS: By providing Your phone number and opting in where required, You consent to receive applicable SMS messages regarding property updates, maintenance requests, important notifications, and other authorized communications. Message and data rates may apply.

Opt-Out for SMS: Reply “STOP” to an applicable SMS message to opt out. You may also contact SimplifyEm using the methods listed below. Opting out of marketing messages does not prevent SimplifyEm from sending non-marketing communications that are necessary to provide or administer Your account or services, where permitted by law.

8.2 Telemarketing Calls and Marketing Messages – If You have separately provided consent for telemarketing calls, prerecorded or artificial-voice calls, automated calls, or marketing text messages, SimplifyEm and parties acting on its behalf may contact You in the manner described in that consent, subject to applicable law. Any such consent is not a condition of purchasing or using SimplifyEm’s services. You may revoke consent at any time by any reasonable method that communicates Your request, including telling a representative, replying STOP to an applicable marketing text message, emailing support@simplifyem.com, calling Support, or writing to: SimplifyEm.com, Incorporated, 5940 S Rainbow Boulevard, Las Vegas, NV 89118, Attention: Compliance. SimplifyEm will honor revocation requests as required by applicable law. You are responsible for keeping the telephone numbers and other contact information associated with Your account current. Standard message, data, and telephone charges may apply according to Your service provider and plan.

You may print or save a copy of this Agreement for Your records. You agree and acknowledge that You can access, receive, and retain disclosures electronically sent via email or posted on the Site, subject to applicable law.

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,” and “RealTaxTips,” and the domain names derived therefrom are trademarks of SimplifyEm. Website content and Website 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 DISCLAIMER OF WARRANTIES – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND SIMPLIFYEM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT A WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

11.2 Limitation on Liability – To the maximum extent permitted by applicable law, and without limiting the foregoing, SimplifyEm shall not be liable to You or any other person or entity for any punitive, special, indirect, consequential or incidental damages, lost profits, or other damages, costs or losses arising out of Your use of the Websites or services, even if SimplifyEm has been advised of the possibility of such damages, costs or losses. To the maximum extent permitted by applicable law, in no event will SimplifyEm’s aggregate liability to You arising out of or relating to this Agreement exceed the amounts paid by You to SimplifyEm under this Agreement. Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited.

12. Dispute Resolution

12.1 Governing Law and Venue – Any dispute arising out of the use of the Websites, the services, or this Agreement shall be governed by the laws of the State of Nevada, without regard to its conflict of laws provisions. Subject to applicable law, You and SimplifyEm agree to personal jurisdiction and venue in the state and federal courts located in Clark County, Nevada, for any action arising out of or relating to this Agreement, the Websites, or the services.

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 – Notices to You may be provided by email, through the Websites or services, or by another reasonable method permitted by applicable law. You agree to provide SimplifyEm with a valid email address and to advise SimplifyEm of updates to Your email address. Notices to SimplifyEm may be sent to support@SimplifyEm.com. Formal written notices may also be sent to: SimplifyEm.com, Incorporated, 5940 S Rainbow Boulevard, Las Vegas, NV 89118, Attention: Legal/Compliance.

13.3 Entire Agreement – This Agreement, together with the Privacy Policy and any applicable order form, subscription terms, or service-specific terms presented to You in connection with a particular product or service, embodies the entire agreement between You and SimplifyEm with respect to its subject matter and supersedes and cancels any prior agreement, express or implied, written or oral, with respect to that 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, is found invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the remaining application of such provision will not be affected thereby, but will be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as 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 references to any gender shall include all genders as the context requires. The headings in this Agreement are for convenience only and are not 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.