Terms & Conditions Last updated: January 1, 2013 Acceptance By using the suite of Simple Listing Solutions services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any Simple Listing Solutions services. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions. If you refuse to be bound by any future provisions or amendments to these terms and conditions, you will have the option to cancel your membership as of the renewal date (see cancellation policy for correct procedure). Account Policy These terms and conditions apply to any and all accounts, as well as any services (tollfree phone line, Email, web hosting) associated with your account. User License Each license of the Simple Listing System, including web site, marketing materials, newsletters, logos and associated toll-free number (if applicable), is limited to use by a single user. Each registered user is permitted to redirect a single web site URL to their customized Simple Listing System page. Licenses for addition domains can be purchased for an additional monthly fee. Sharing of a Simple Listing System account between multiple realtors, or realtors within a brokerage is a violation of your agreement with Simple Listing Solutions. Toll Free Phone Number Depending on the type of system you license, your monthly licensing fee may cover up to 200 minutes of use per monthly billing cycle. We expect 200 minutes to be more than sufficient when use the number for its intended purpose only, connecting web visitors to you. Billing and Renewal Policy Most of Simple Listing Solutions services are offered on a monthly agreement. The initial prices for these products or services will be established in the agreement acknowledged Simple Listing Solutions Terms and Conditions Page 1
between Simple Listing Solutions and you. Simple Listing Solutions reserves the right to change the pricing for the different services and products at any time with 60 days notice. It is your responsibility to provide Simple Listing Solutions LLC with a valid credit card number and authorize Simple Listing Solutions to charge this account for any products or services provided to you. You agree to keep Simple Listing Solutions updated with current credit card information and provide new credit card information in the case that your old card is deactivated or has insufficient funds to cover your membership fees. Simple Listing Solutions reserves the right to place your account on hold, deactivate your services, or terminate the agreement if your account falls into arrears. If you have an outstanding balance at the time of termination or cancellation, this balance must be paid in full. Simple Listing Solutions services are billed in advance on a pre-paid basis and will automatically renew for additional periods of equal length on a month to month or annual basis depending on the product. In the event that you wish to dispute any fee Simple Listing Solutions has charged against your account, you agree to discuss the issue with Simple Listing Solutions in order to resolve the issue. Declined, refused, and/or returned payments may result in a $25.00 service fee to your account for each billing event that is declined, refused or returned. In the event your credit card declines or payment not made within agreed upon period or if you file a dispute without first attempting to correct a billing concern with Simple Listing Solutions member services - documented by an open accounting ticket - your account will be disabled immediately and the leads generated by a Simple Listing Solutions system will become the property of Simple Listing Solutions after 30 days if your account is not brought current and paid in full for the period service was rendered. If your account is turned off due non-payment you may be subject to a reconnection fee of $99. You can choose to put your membership on hold for up to 1 year. If you choose to do this there will be a $99 reactivation fee charged in order to reinstate services. Services purchased on a multiple payment plan (for example, a three month plan) cannot be cancelled until all the payments are complete. If you choose to pay your setup fees over time, you agree to make all payments as per the duration of the payment plan. Cancellations The purpose of this policy is to protect both your rights and the rights Simple Listing Solutions. It prevents others from maliciously canceling your account and also provides you and Simple Listing Solutions with written documentation of your intent to cancel. Simple Listing Solutions Terms and Conditions Page 2
Simple Listing Solutions will not honor cancellation requests made via voice mail. Instead, cancellations must be received in writing by either: postal mail, or emailing Simple Listing Solutions at support@simplelistingsolutions.com with the subject line "Please cancel my account". In response to your cancellation request, Simple Listing Solutions will issue you a cancellation confirmation code. This code is the only proof of your cancellation, and must be provided to Simple Listing Solutions LLC in any communication regarding past cancellations. If you believe you have cancelled your membership but have not been issued a cancellation code, your account is not cancelled, and you are liable for any charges. You have the right to cancel your account at any time, however services are billed in whole billing periods only. If you wish to cancel your membership part way through your billing cycle, you will be charged for the entire billing cycle. You will not, in any way, be prorated for unused time on their agreement. Services purchased on a multiple payment plan (for example, a three month plan) cannot be cancelled until all the payments are complete. If you choose to pay your setup fees over time, you agree to make all payments as per the duration of the payment plan. Cancellation requests must be received no less than 5 days prior to the end of your billing cycle term. In circumstances where you do not cancel your account prior to the renewal date you are liable for payment of the entire term of 1 or 12 months. Once you have requested your account to be terminated, Simple Listing Solutions will cease to provide any support to you. This includes, but is not limited, to domain services, technical services, and/or customer services. Any link, e-book, logo, or graphic image received from Simple Listing Solutions must be immediately removed from the website of the terminated member. After account cancellation, you lose any right to use Simple Listing Solutions logos, images, marketing materials, marketing material content, ebooks, ebook content, newsletters, newsletter content and web site content for any purpose. Coaching Services If you are subscribed to receive coaching services, coaching services are provided on monthly basis. Unused coaching time does not roll over to the next month. Simple Listing Solutions Terms and Conditions Page 3
Support Policy Customer support is available to members in good standing via email and telephone. Our customer care support hours are as follows: Telephone: Monday through Friday 9:00 AM to 6 PM (PST) Email: Monday through Friday 7:00 AM to 6 PM (PST) If you or your clients experience technical difficulties, including but not limited to error messages or improper functioning, support will be provided at no charge to you, the member. Any other requests for support, custom work, and training will be billed based upon the current Simple Listing Solutions pricing for such services. PLEASE BE AWARE: In no event will Simple Listing Solutions be liable to the client for any indirect, incidental or consequential damages arising out of the service or in connection with the client web site or any other services or products provided to or by the client; Simple Listing Solutions, its officers, directors, owners, agents and employees, shall in no way be liable to the client or anyone else for any loss or injury resulting from use of the service or the Client's web site; In no event shall Simple Listing Solutions be liable for any damages, whatsoever, as a result of the notifying any official of potentially illegal content on the web site, providing copies of the client's web site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct; In no event shall Simple Listing Solutions be liable for any damages, whatsoever, as a result of the termination of this agreement. Indemnification As a client, you agree not to harm Simple Listing Solutions, its reputation, computer systems, programming and/or other Account Holders using Simple Listing Solutions LLC's services. Simple Listing Solutions reserves the right to select the computer for the client's web site for best performance. If the client breaches this Agreement, then Simple Listing Solutions has the right to terminate service without any refunds of the unused portion prepaid by the client. Simple Listing Solutions does not offer any warranty or guarantee other than those expressly stated in the Terms of Service. Simple Listing Solutions reserves the right to amend our Terms and Conditions at any time and without notice. Simple Listing Solutions Terms and Conditions Page 4
Right to Refuse Service Simple Listing Solutions LLC reserves the right to refuse services to any client. In the event that a client does not abide by the provisions set out in this agreement or if Simple Listing Solutions LLC deems the client to be a hindrance to Simple Listing Solutions LLC, the client will be blacklisted and Simple Listing Solutions LLC will not provide any services to the client in the future. In such an event, Simple Listing Solutions LLC may give the client up to 15 (fifteen) calendar days notice to find another provider for their web hosting needs. We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. Simple Listing Solutions LLC reserves the right to refuse services to any potential client, even before any services have been provided to the client. Trademarks Simple Listing Solutions LLC, its successors and assignees own and have the exclusive use of the Simple Listing Solutions LLC and The Short Sale Coaching Club trademarks and logos. Unauthorized use of any Simple Listing Solutions or LLC or The Short Sale Coaching Club trademark or logo is a violation of federal and state trademark laws. Contact Information All notices to Simple Listing Solutions LLC under this agreement shall be in writing and delivered via U.S. mail to: Simple Listing Solutions LLC, Attn: Member Care, 16057 Via De Las Palmas, Rancho Santa Fe, CA 92091. Simple Listing Solutions Terms and Conditions Page 5