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Terms of Use

Simplist Mortgage LLC Terms of Use

Last Updated on April 15th, 2019

WELCOME TO SIMPLIST! PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY.  THIS WEBSITE AND ANY OTHER WEBSITES OF SIMPLIST MORTGAGE LLC (“SIMPLIST”, “WE” OR “US”), ITS AFFILIATES OR AGENTS, THAT LINK TO THESE TERMS OF USE (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY SIMPLIST.  THESE TERMS OF USE GOVERN THE USE OF THE WEBSITE AND APPLY TO ALL INTERNET USERS VISITING THE WEBSITE, OR ACCESSING OR USING THE WEBSITE IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”). BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SIMPLIST, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

In addition, by completing the registration process, you represent that any co-borrower agrees to be bound by the Terms of Use, and that you have the permission of such co-borrower to provide any relevant personal information necessary to use the Services.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”

PLEASE NOTE THAT THE TERMS OF USE ARE SUBJECT TO CHANGE BY SIMPLIST IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, Simplist will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website.  We will also update the “Last Updated” date at the top of the Terms of Use. Simplist may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Website and/or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), Simplist may, at its discretion, require you to stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS OF USE.

  1. Simplist Services.
    • Our Services offer an online mortgage marketplace, where potential homebuyers can find the right home financing option for their individual profiles through Simplist’s pricing engine. The Services will prompt you to answer relevant questions, run credit checks based on your responses, and subsequently provide home financing options that may be of interest to you by matching your anonymized information with the loan programs available to you. Once you have selected a loan program, the Services will continue to act as the intermediary between you and the lender, guiding you through the remainder of the home financing process.
    • No Guarantees. USE OF OUR SERVICES DOES NOT GUARANTEE THAT YOU WILL QUALIFY FOR A LOAN, THAT WE WILL BE ABLE TO MATCH YOU WITH A CERTAIN LENDER OR ANY LENDER, AND/OR THAT YOU WILL BE APPROVED FOR A LOAN IN A CERTAIN AMOUNT. IN ORDER TO SEE IF YOU QUALIFY FOR A LOAN, SIMPLIST WILL ASK YOU CERTAIN HISTORICAL AND FINANCIAL INFORMATION FROM YOU WHICH WE MAY SHARE WITH POTENTIAL LENDERS. BY SUBMITTING YOUR RESPONSES TO SUCH INFORMATION, YOU ACKNOWLEDGE AND AGREE THAT WE MAY PERFORM, AND/OR USE SUCH INFORMATION TO HAVE ONE (1) OR MORE CREDIT REPORTING AGENCIES AND/OR OTHER ELIGIBILITY VERIFICATION AGENCIES OR SERVICES (EACH, A “CREDIT CHECK AGENCY”) PERFORM A CREDIT CHECK, VERIFICATION OF INCOME, AND/OR VERIFICATION OF EMPLOYMENT (COLLECTIVELY, A “CREDIT REPORT”), AND THAT YOUR CREDIT REPORT MAY BE USED TO VERIFY YOUR ELIGIBILITY FOR THE LOAN FOR WHICH YOU HAVE APPLIED AND TO CONFIRM YOUR IDENTITY TO AVOID FRAUDULENT TRANSACTIONS IN YOUR NAME.
      • Credit Checks. The ultimate decision as to whether any individual may be approved for a loan is solely within each lender’s discretion. You acknowledge and agree that, as between Simplist and the Credit Check Agency, the Credit Check Agency is solely responsible for each Credit Report and the content thereof, including the accuracy, completeness, timeliness and reliability thereof. SIMPLIST DOES NOT PROVIDE AND THEREFORE IS NOT RESPONSIBLE FOR ANY CREDIT REPORTS ISSUED OR GENERATED BY ANY CREDIT CHECK AGENCIES.
      • Sharing of Information with Lenders. You agree that we may disclose, exchange and otherwise provide to our lender partners any and all information collected by us for the purpose of evaluating your ability to qualify for a loan. For more information about our information collection, use, and disclosure practices, please visit our privacy policy, available at www.simplist.com/privacy.
    • Registering Your Account. In order to access certain features of Services you may be required to become a Registered User.  For purposes of the Terms of Use, a “Registered User” is a user who has registered an account on the Website (“Account”).
    • Registration Data. In registering an account with the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using the Website or Services (collectively, the “SimplistProperties”) under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.   You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You agree that you shall not have more than one Account at any given time. 
    • Simplist Properties. Except with respect to the information or data you submit through the Services (collectively, “Your Data”), you agree that Simplist and its suppliers own all rights, title and interest in Simplist Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Simplist Properties.
    • License to Your Data. Subject to any applicable account settings that you select, you grant Simplist a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, distribute, and reproduce Your Data (in whole or in part) for the purposes of operating and providing the Services.  You agree that you, not Simplist, are responsible for all of Your Data that you make available on or in Simplist Properties.
    • Feedback. You agree that submission of any ideas, suggestions, criticisms, documents, and/or proposals to Simplist through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Simplist has no obligation (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to Simplist a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Simplist Properties.
  3. User Conduct. You agree that you will not, under any circumstances:
    • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • Attempt to access or use another user’s Account without authorization;
    • Create or use a false identity;
    • Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
    • Stalk or otherwise harass any other user of our Simplist Properties; or
    • Make available any data, information, or content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
    • Interfere or attempt to interfere with the proper functioning of Simplist Properties or connect to or use Simplist Properties in any way not expressly permitted by the Terms;
    • Systematically retrieve data or other content from our Simplist Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
    • Use, display, mirror or frame Simplist Properties, or any individual element within Simplist Properties, Simplist’s name, any Simplist trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Simplist’s express written consent;
    • Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through Simplist Properties or that is in transit from or to Simplist Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by Simplist Properties;
    • Use, facilitate, create, or maintain any unauthorized connection to Simplist Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of Simplist Properties; or (ii) any connection using programs, tools or software not expressly approved by Simplist;
    • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide Simplist Properties, or to obtain any information from Simplist Properties; or
    • Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  4. You agree to indemnify and hold Simplist, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Simplist Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Data, including any inaccuracies therein; (b) your use of the Simplist Properties in a manner not authorized by the Terms of Use; (c) your violation of the Terms of Use; (d) your violation of any rights of another party; (e) your violation of any applicable laws, rules or regulations; or (f) your breach of violation of any loan agreement to which you are bound.  Simplist reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Simplist in asserting any available defenses.  This provision does not require you to indemnify any of the Simplist Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms of Use or your access to Simplist Properties.
  5. Disclaimer of Warranties and Conditions.
    • As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF SIMPLIST PROPERTIES IS AT YOUR SOLE RISK, AND SIMPLIST PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. SIMPLIST PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE OR SERVICES. 
      • SIMPLIST PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) SIMPLIST PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SIMPLIST PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SIMPLIST PROPERTIES WILL BE ACCURATE OR RELIABLE.
      • THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. SIMPLIST MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
      • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SIMPLIST OR THROUGH SIMPLIST PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
      • FROM TIME TO TIME, SIMPLIST MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT SIMPLIST’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
    • No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT SIMPLIST PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SIMPLIST PARTIES LIABLE, FOR THE CONDUCT OR INFORMATION OF THIRD PARTIES, INCLUDING LENDERS, INCLUDING ANY FAILURE BY A LENDER TO PROVIDE A PARTICLAR RATE. WE ARE NOT LIABLE FOR THE ACCURACY OR QUALITY OF ANY THIRD-PARTY SERVICES OR INFORMATION, INCLUDING BUT NOT LIMITED TO MULTIPLE LISTING SERVICES AND/OR THIRD-PARTY MORTGAGE PRICING ENGINES.
  6. Limitation of Liability.
    • Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE SIMPLIST PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SIMPLIST PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT SIMPLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF SIMPLIST PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE SIMPLIST PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH SIMPLIST PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SIMPLIST PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO SIMPLIST PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.  THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SIMPLIST PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SIMPLIST PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SIMPLIST PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
    • Disclaimers Regarding Loans. YOU ACKNOWLEDGE AND AGREE THAT SIMPLIST PARTIES ARE NOT RESPONSIBLE FOR ANY DELAYS IN PROCESSING OR CLOSING YOUR LOANS DUE TO: (A) OUR UNTIMELY RECEIPT OF AN ACCEPTABLE APPRAISAL; (B) OUR UNTIMELY RECEIPT OF REQUIRED DOCUMENTATION FROM YOU OR ANY THIRD PARTY; (C) THE FAILURE OF YOUR CURRENT HOME TO BE SOLD IN A TIMELY MANNER; (D) MATTERS DISCLOSED BY A TITLE COMMITMENT OR SURVEY; (E) ANY FAILURE OR DELAY CAUSED BY A TITLE AND ESCROW COMPANY OR REPRESENTATIVE, AND/OR OTHER MATTERS RELATING TO TITLE AND ESCROW; OR (F) ANY OTHER MATTERS BEYOND OUR REASONABLE CONTROL.
    • Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL SIMPLIST PARTIES BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED U.S. DOLLARS ($100).  THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SIMPLIST PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SIMPLIST PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SIMPLIST PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
    • Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SIMPLIST AND YOU.
    • Violations. If Simplist becomes aware of any possible violations by you of the Terms of Use, Simplist reserves the right to investigate such violations.  If, as a result of the investigation, Simplist believes that criminal activity has occurred, Simplist reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.  Simplist is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Simplist Properties, including Your Data, in Simplist’s possession in connection with your use of Simplist Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms of Use, (3) respond to any claims that Your Data violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Simplist, its Users or the public, and all enforcement or other government officials, as Simplist in its sole discretion believes to be necessary or appropriate.
    • Breach. In the event that Simplist determines, in its sole discretion, that you have breached any portion of the Terms of Use, or have otherwise demonstrated conduct inappropriate for Simplist Properties, Simplist reserves the right to:
      • Warn you via e-mail (to any e-mail address you have provided to Simplist) that you have violated the Terms;
      • Terminate your pending loan application(s);
      • Discontinue your access to any Services;
      • Notify and/or send Your Data to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
      • File a report with any and all appropriate Credit Check Agencies.
      • Pursue any other action which Simplist deems to be appropriate.
  1. Term and Termination.
    • Term. The Terms of Use commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Simplist Properties, unless terminated earlier in accordance with the Terms of Use.
    • Prior Use. Notwithstanding the foregoing, if you used Simplist Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms of Use commenced on the date you first used Simplist Properties (whichever is earlier) and will remain in full force and effect while you use Simplist Properties, unless earlier terminated in accordance with the Terms of Use.
    • Termination of Services by Simplist.  If you have materially breached any provision of the Terms of Use, or if Simplist is required to do so by law (e.g., where the provision of the Website or the Services is, or becomes, unlawful), Simplist has the right to, immediately and without notice, suspend or terminate any Services provided to you, and take any action as set forth in Section 8.2. You agree that all terminations for cause shall be made in Simplist’s sole discretion and that Simplist shall not be liable to you or any third party for any termination of your Account, including any requirement with respect to any lender or potential lender.
    • Termination of Services by You. THE SERVICES WILL CONTINUE UNTIL TERMINATED BY US OR BY YOU IN ACCORDANCE WITH THIS SECTION.  If you want to terminate the Services provided by Simplist, you may do so by closing your Account for all of the Services that you use.
    • Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Data associated therewith from our live databases.  Simplist will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Data.  All provisions of the Terms of Use which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.  TERMINATION OF THE SERVICES BY EITHER YOU OR SIMPLIST WILL NOT CANCEL OR REDUCE ANY CHARGES OR FEES THAT CONTINUE TO BE DUE AND PAYABLE TO SIMPLIST. 
    • No Subsequent Registration. If your registration(s) with or ability to access Simplist Properties, or any other Simplist community is discontinued by Simplist due to your violation of any portion of the Terms of Use, then you agree that you shall not attempt to re-register with or access Simplist Properties or any Simplist community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Simplist Properties to which your access has been terminated.  In the event that you violate the immediately preceding sentence, Simplist reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
  2. General Provisions.
    • Electronic Communications. The communications between you and Simplist use electronic means, whether you visit Simplist Properties or send Simplist e-mails, or whether Simplist posts notices on Simplist Properties or communicates with you via e-mail or text message.  For contractual purposes, you (1) consent to receive communications from Simplist in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Simplist provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.
    • Assignment. The Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Simplist’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    • Force Majeure. Simplist shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    • Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Simplist Properties, please contact us at: help@simplist.com.  We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
    • Exclusive Venue. To the extent the parties are permitted under the Terms of Use to initiate litigation in a court, both you and Simplist agree that all claims and disputes arising out of or relating to the Terms of Use will be litigated exclusively in the state or federal courts located in New York City, New York.
    • Governing Law. THE TERMS OF USE AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS OF USE.
    • Notice. Where Simplist requires that you provide an e-mail address, you are responsible for providing Simplist with your most current e-mail address.  In the event that the last e-mail address you provided to Simplist is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms of Use, Simplist’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to Simplist at the following e-mail address: help@simplist.com.  Such notice shall be deemed given when received by Simplist by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
    • Waiver. Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    • Severability. If any portion of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
    • Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    • Entire Agreement. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.