Terms of Service

Last Updated: January 16, 2024

Welcome to Simpli Mortgage! These Terms of Use (“Terms” or “Agreement”) are an agreement between you and Maxwell Lender Solutions, Inc., d/b/a Simpli Mortgage (hereinafter referred to as “Simpli Mortgage,” “we,” “us,” or “our”). As used in these Terms, the terms “you” and “your” refer to the individuals and companies that use any part of the Simpli Mortgage Platform.

By using this website and other websites and applications owned by Simpli Mortgage or its affiliates (the “Sites”) or any services, loan products, or ancillary products provided by Simpli Mortgage through the Sites (the “Services” or the “Services and Products”) (collectively, the Sites and the Services are referred to in these Terms as the “Simpli Mortgage Platform”), you agree to read, comply with, and be legally bound by: (a) these Terms; (b) Simpli Mortgage’s Privacy Policy (available at https://simpli-mortgage.com/privacy); and (c) any additional rules and regulations for using the Simpli Mortgage Platform, including, but not limited to, any applicable Subscription Agreement, as well as any terms imposed by our third party suppliers and other business partners (the “Rules”). If you do not agree to the Terms, our Privacy Policy or the Rules, you may not use the Sites or any other Simpli Mortgage Services and Products. In the event of any conflict between these Terms, the Rules, the Privacy Policy and other information provided by Simpli Mortgage in any manner, including, but not limited to, through the Simpli Mortgage Platform, communications with you, general advertisements, or otherwise, unless expressly stated to the contrary, these Terms shall control.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A COURT OF LAW OR JURY TRIALS OR CLASS ACTIONS AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BEFORE YOU AGREE TO THESE TERMS.

Acceptance of Terms

Simpli Mortgage is pleased to provide the information available through the Simpli Mortgage Platform conditioned upon your acceptance, without modification by you, of the terms, conditions, and notices comprising these Terms. These Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Sites. Your continued use of the Simpli Mortgage Platform after we publish any change, whether or not we send out a notice about the change, means that you have agreed to the updated Terms. You can review the most current version of these Terms at any time by clicking the “Terms of Use” link from any page on the Sites (except some applications that may not have the link on every page). Please feel free to email us at feedback@simpli-mortgage.com with your thoughts about the Simpli Mortgage Platform or to request more information about Simpli Mortgage or the Simpli Mortgage Platform.

Applicability of Terms

Portions of the Simpli Mortgage Platform are available to the general public and do not require a password or other mechanism to access such publicly available portions of the Simpli Mortgage Platform (the “General Information”). If you only access the Simpli Mortgage Platform for purposes of reviewing and accessing the General Information, these Terms apply to such access and use as applicable.

Other portions of the Simpli Mortgage Platform are only available to individuals who sign up for an account with Simpli Mortgage that enables them to access the password-protected portions of the Simpli Mortgage Platform. If you have created an account, you are deemed a “User”.

Some Users will have access to the Simpli Mortgage Platform subject to a separate agreement between such User or the User’s employer or other entity which the User is affiliated (a “Subscription Agreement”). Any User whose access to the Simpli Mortgage Platform is subject to a Subscription Agreement is referred to in these terms as a “Subscribing User”. In the event of any conflict between these Terms and a Subscription Agreement, the terms of the Subscription Agreement will control.

User Accounts

To utilize certain parts of the Simpli Mortgage Platform, you will be required to create an account through the Simpli Mortgage Platform. If you create any account, you must provide true, accurate, current, and complete information about you as may be prompted by any registration forms. If any information that you provide Simpli Mortgage changes, you must promptly update the relevant registration information.

By opening an account and becoming a User, you certify to Simpli Mortgage that: (a) you are at least 18 years of age; (b) you are legally able to enter into contracts; and (c) you are not a person barred from receiving or using any part of the Simpli Mortgage Platform under federal, state, local or other laws.

You acknowledge and agree that Simpli Mortgage may close, suspend, investigate, monitor or limit your access to your account or any other account associated with the Simpli Mortgage Platform, with or without prior notice to you. You acknowledge, understand, and agree that you do not have an expectation of privacy in activities related to the Simpli Mortgage Platform except as described in Simpli Mortgage’s Privacy Policy.

You are prohibited from using a false identity to create an account, creating an account for or on behalf of any other person, or otherwise misrepresenting your identity on the Simpli Mortgage Platform.

You are responsible for maintaining the confidentiality of your passwords. Simpli Mortgage has the right to assume that anyone accessing the Simpli Mortgage Platform using a valid password associated with your account has the right to do so. You will be solely responsible for the activities of anyone who accesses the Simpli Mortgage Platform using a valid password associated with your account, even if the individual is not in fact authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it using the functionality provided through the Simpli Mortgage Platform. In addition, we encourage you to exit from your account at the end of each session and notify us if you become aware of any unauthorized use of your password or account.

Individual Users with paid accounts are subject to the following additional terms:

  • Simpli Mortgage may change the rates from time to time by providing you with one (1) month’s prior notice.
  • Simpli Mortgage may charge your credit card for (i) monthly subscription fees each month in advance, or (ii) for usage of individually priced elements of the Simpli Mortgage Platform (for example, QuickApply and FileFetch), and shall issue you a receipt for each such payment. You must notify Simpli Mortgage of any billing discrepancies within ten (10) days after the date of the applicable receipt to be eligible to receive an adjustment or credit (if any) on a future payment to Simpli Mortgage.
  • You may not withhold or “setoff” any amounts due hereunder. Simpli Mortgage reserves the right to suspend your access to the Simpli Mortgage Platform until all past due amounts are paid in full. Any late payment shall be subject to any costs of collection and shall bear interest at the rate of one and a half percent (1.5%) compounded monthly (19.56% annually), or the maximum legal rate if less, per month or fraction thereof until paid.
  • Fees quoted do not include, and you shall indemnify and hold Simpli Mortgage harmless from, all sales, use, gross receipts, value­ added, personal property or other taxes, and all applicable duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) associated with your use of the Simpli Mortgage Platform (other than taxes based on the net income or profits of Simpli Mortgage).

Acceptable Use of the Simpli Mortgage Platform

Your use of the Simpli Mortgage Platform must comply with these Terms and the applicable Rules. Without limiting anything in these Terms or the applicable Rules, your use of the Simpli Mortgage Platform must comply with the following (“Acceptable Use Restrictions”):

  • You shall not upload to, transmit through, or display via the Simpli Mortgage Platform any content that:
    • is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable (as determined by Simpli Mortgage in its sole discretion), or infringes Simpli Mortgage’s or any third party’s intellectual property or other rights;
    • contains confidential, proprietary, or trade secret information of anyone that you do not have the right to disclose through the Simpli Mortgage Platform;
    • violates the rights of others, including, without limitation, any privacy rights or rights of publicity;
    • impersonates any person or entity or falsely states, or otherwise misrepresents, your affiliation with any person or entity, or uses any fraudulent, misleading, or inaccurate email address or other contact information;
    • violates any applicable laws or regulations;
    • makes any statement, express or implied, that you are endorsed by Simpli Mortgage;
    • harms minors in any way, including, but not limited to, depicting content that violates child pornography laws, child sexual exploitation laws, and laws prohibiting the depiction of minors engaged in sexual conduct;
    • contains any unsolicited promotions, political campaigning, advertising, or solicitations; or
    • in Simpli Mortgage’s sole judgment, is inappropriate or objectionable or which restricts or inhibits any other person from using and enjoying the Simpli Mortgage Platform or which may expose Simpli Mortgage and/or any of its officers, directors, employees, or other Users to any harm or liability of any type.
  • You shall not use the Simpli Mortgage Platform to engage in any of the following activities:
    • accessing, using, or uploading content to, or attempt to access, use, or upload content to another User’s account without permission;
    • violating any federal, state, local, or other laws;
    • violating the Rules;
    • transmitting, uploading, or downloading any software or other materials that contain any viruses, worms, trojan horses, defects, time bombs, or other items of a destructive nature;
    • engaging in commercial activity, including, without limitation, commercial use of the Simpli Mortgage Platform, except for the purposes of engaging in the activities for which the Simpli Mortgage Platform was designed; or
    • creating User accounts by automated means or under false, misleading, or fraudulent pretenses.
  • Without limiting the foregoing, you shall not engage in, or attempt to engage in, any of the following:
    • reproducing, copying, displaying, storing, performing, reposting, publishing, transmitting, distributing, selling, offering for sale, licensing, modifying, creating derivative works of, or otherwise using any portion of the Content offered on the Simpli Mortgage Platform other than for your own personal, non-commercial use;
    • reformatting or framing any portion of the Simpli Mortgage Platform that are provided as a website;
  • copying or modifying any code (including, but not limited to, HTML code) used to generate the Content or otherwise make the Simpli Mortgage Platform accessible;
    • using any device, software, or procedure that interferes with, or attempts to interfere with, the normal operation of the Simpli Mortgage Platform;
    • taking any action that imposes, or may impose in Simpli Mortgage’s sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
    • modifying, adapting, translating, or reverse engineering any portion of the Simpli Mortgage Platform;
    • disrupting or otherwise interfering with the Simpli Mortgage Platform or the networks or servers used by Simpli Mortgage;
    • impersonating any person or entity or misrepresenting your connection or affiliation with a person or entity;
    • collecting or storing, or attempting to collect or store, personal information about other users of the Simpli Mortgage Platform; or
    • engaging in any activity that is illegal under federal, state, Local, or other laws.

Simpli Mortgage is providing you with the information and functionality on the Simpli Mortgage Platform. Access to the Simpli Mortgage Platform requires access to the Internet. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. Using the Simpli Mortgage Platform may allow you to receive Content on your mobile phone or other wireless device. The manner in which that Content is delivered to your phone or device may cause you to incur extra data, text messaging or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You, not Simpli Mortgage, will be solely responsible for any carrier charges associated with your use of the Simpli Mortgage Platform. Please contact your carrier if you have questions about how the use of mobile applications and associated services might impact your wireless usage fees.

Simpli Mortgage reserves the right (but not the obligation) to terminate your access to the Simpli Mortgage Platform at any time without notice for any reason whatsoever.

You certify that you will comply with all applicable Laws (e.g., federal, state, Local, and other Laws) when using the Simpli Mortgage Platform and any Content as permitted and in accordance with these Terms. YOU WILL BE RESPONSIBLE FOR ANY COST, EXPENSE, FEE, LIABILITY OF ANY KIND, AND ATTORNEY’S FEES THAT SIMPLI MORTGAGE INCURS IF YOU BREAK THE LAW, VIOLATE THE RULES, MISUSE THE SIMPLI MORTGAGE PLATFORM, OR BREACH THESE TERMS. IF YOU BREAK THE LAW, VIOLATE THE RULES, MISUSE THE SIMPLI MORTGAGE PLATFORM, OR BREACH THESE TERMS, IN ADDITION TO, AND CONSISTENT WITH, OTHER INDEMNIFICATION OBLIGATIONS SET FORTH IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL REIMBURSE, INDEMNIFY, AND HOLD HARMLESS SIMPLI MORTGAGE AND ITS PAST, PRESENT, AND FUTURE SUBSIDIARIES, PARENTS, AFFILIATED COMPANIES, AND THE EMPLOYEES, DIRECTORS, OFFICERS, INSURERS, AND AGENTS OF ALL AFOREMENTIONED COMPANIES, FROM ANY MONEY DAMAGES, COSTS, EXPENSES, LOSSES, LIABILITIES, AND ATTORNEY’S FEES RESULTING FROM ANY CLAIM, THREAT, DEMAND, SUIT, OR INVESTIGATION BROUGHT BY ANOTHER PERSON, ENTITY, OR GOVERNMENT.

Without waiving any of these rights, Simpli Mortgage may, at its sole discretion, defend itself against any such claim, threat, demand, suit, or investigation without your consent. All of your obligations in this Section survive and continue after any termination of these Terms.

Simpli Mortgage will terminate your access to the Simpli Mortgage Platform if, under appropriate circumstances, you are determined to be a repeat infringer of these Terms or otherwise a nuisance to the Simpli Mortgage Platform. Simpli Mortgage reserves the sole and exclusive right to decide whether a comment or any other submission is inappropriate or otherwise violates these Terms, other than copyright infringement, such as, but not limited to, obscene, defamatory, or just plain obnoxious material. Simpli Mortgage may remove such comments or other submissions and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

Ownership of the Simpli Mortgage Platform

All right title and interest in and to the Simpli Mortgage Platform, including, but not Limited to, all of the software and code that comprise and operate the Simpli Mortgage Platform and all of the text, photographs, images, illustrations, graphics, audio, video, audio-video clips, URLs, advertising copy, and other materials provided through the Simpli Mortgage Platform (collectively, the “Content”) are owned by Simpli Mortgage or by third parties who have licensed their content to us. The Simpli Mortgage Platform are protected under trademark, service mark, trade dress, copyright, patent, trade secret, and other intellectual property Laws. In addition, the entire Content of the Simpli Mortgage Platform is a collective work under United States and international copyright Laws and treaties, and Simpli Mortgage owns the copyright in the selection, coordination, arrangement, and enhancement of the Content of the Simpli Mortgage Platform.  You acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Content on the Simpli Mortgage Platform.

We hereby grant you a limited, revocable License to download and print copies of any portion of the Content of the Simpli Mortgage Platform to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify, or obscure any copyright, trademark, or other proprietary notices from the Content you download or print. The foregoing license is subject to these Terms and does not include the right to use any data mining, robots, or other automatic or manual device, software, program, code, algorithm, or methodology to access, copy, or monitor any portion of the Simpli Mortgage Platform, or in any way reproduce or circumvent the navigational structure or presentation of any part of the Simpli Mortgage Platform, or obtain, or attempt to obtain, any materials or information through any means not purposely made available by to you through the Simpli Mortgage Platform. We reserve the right to take measures to prevent any such activity. This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit, or use any part of the Content on the Simpli Mortgage Platform as expressly provided in these Terms. Nothing in these Terms shall be construed as transferring any right, title, or interest in the Simpli Mortgage Platform to you or anyone else, except the limited license to use the Simpli Mortgage Platform on the terms expressly set forth herein.

Notwithstanding the foregoing, and specifically with regard to trademarks, the Simpli Mortgage names and logos (including, but not limited to, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks, and logos appearing within the Simpli Mortgage Platform, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or trade dress of Simpli Mortgage and/or those of its affiliates (collectively, the “Simpli Mortgage Marks”). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited, or otherwise indicated within the Simpli Mortgage Platform are the property of their respective owners. You are not authorized to display or use the Simpli Mortgage Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, and/or trade dress of third parties features within the Simpli Mortgage Platform without the prior written permission of such third parties. The use or misuse of the Simpli Mortgage Marks or other trademarks, product names, company names, logos, service marks, and/or trade dress or any other materials contained therein, except as permitted herein, is expressly prohibited.

User Provided Content

The Simpli Mortgage Platform allows certain messaging and sharing of information by Users which may be seen by other Users. Where settings are available, Simpli Mortgage will honor the choices Users make about who can see content or information, including any data, information, or material pertaining to a User or any third party, disclosed, provided, or submitted to Simpli Mortgage in connection with the Simpli Mortgage Platform (“User Data”). Simpli Mortgage is not obligated to publish any information or content on the Simpli Mortgage Platform, including any User Data, and may remove it in Simpli Mortgage’s sole discretion, with or without notice.

You shall be solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of User Data you provide through the Simpli Mortgage Platform, including through integration between the Simpli Mortgage Platform and any relevant financial accounts through which you provide bank statements, transaction history or relevant tax information (such as Form 1099s). You warrant that you have the right to possess and use all User Data you upload, submit, or otherwise provide through the Simpli Mortgage Platform, including the right to disclose User Data to Simpli Mortgage and use User Data in connection with the Simpli Mortgage Platform. You further represent and warrant that, prior to uploading, submitting, or otherwise providing any User Data through the Simpli Mortgage Platform or otherwise in connection with these Terms that: (a) you have received all required consents or authorizations with respect to such User Data referencing any individual; (b) you will use, store, and transfer all User Data in accordance with all laws applicable to you or, if applicable, your business (which may include, but is not limited to, the Gramm-Leach-Bliley Act of 1999 (Public Law 106-102, 113 Stat. 1338) (as amended from time to time, the “GLB Act”) and any state law equivalents of counterparts thereof and all regulations promulgated under any of them).

You are prohibited from disclosing information that you do not have the right to disclose, including the information of any third party, or that would result in the violation of anyone’s intellectual property rights.

As between you and Simpli Mortgage, you own the User Data and any other content and information that you submit or post to the Simpli Mortgage Platform, provided that you grant Simpli Mortgage a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, without any further consent, notice and/or compensation to you or others, any User Data and other information and content you provide through the Simpli Mortgage Platform.

If you are a Subscribing User whose employer or another entity has entered into a Subscription Agreement, you acknowledge and agree that the party to the applicable Subscription Agreement with Simpli Mortgage (the “Subscribing Party”) has the right to control your access to the Simpli Mortgage Platform and to receive reports on your use of the Simpli Mortgage Platform. In the event of any dispute between a Subscribing Party and a Subscribing User regarding rights to User Data, Simpli Mortgage shall not be responsible for the resolution thereof, and Simpli Mortgage shall be entitled to follow all reasonable instructions of the Subscribing Party with respect thereto.

You understand and agree that foregoing limited non-exclusive license grants Simpli Mortgage the right to share User Data relating to you with other Users in connection with the Simpli Mortgage Platform, subject to the same limitations set forth above.

Simpli Mortgage has no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy. In addition, Simpli Mortgage may delete and remove from the Simpli Mortgage Platform any User Data pertaining to any individual upon the request of such individual. The Simpli Mortgage Platform is not intended as a backup or storage system. You agree to maintain backup copies of all of your User Data and other communications submitted thereto.

You acknowledge and agree that the Simpli Mortgage Platform is used by third parties who may receive and retain certain information about you, including copies of your User Data, even though you have deleted such information from the Simpli Mortgage Platform.

Simpli Mortgage is not responsible for the use or retention by such third parties of such information or User Data, and refers you to each such third parties respective privacy policies for the terms and conditions associated therewith.

To the extent you provide Simpli Mortgage with any ideas, suggestions, or other feedback regarding the Simpli Mortgage Platform (“Feedback”), you hereby agree that Simpli Mortgage shall have the full and unencumbered right to use that Feedback (and any intellectual property rights therein) for any purpose.

Simpli Mortgage may include your entity name in listings of its current customers, provide that you retain all right, title and interest in and to all of your logos, promotional graphics and related marketing designs, subject only to Simpli Mortgage’s worldwide, royalty-free, non­ exclusive license to use the foregoing and your corporate and/or trade name for purposes of fulfilling its obligations hereunder and marketing Simpli Mortgage’s products and services to third parties.

Simpli Mortgage’s Role

The Simpli Mortgage Platform is an administrative platform only, designed to facilitate the document assembly, communication, and collaboration between Users, with, or without Simpli Mortgage, through the mortgage process. Simpli Mortgage also offers and provides loans directly to Users and others. You acknowledge and agree when Simpli Mortgage is not acting as a lender or mortgage broker for a given transaction, it is not a lender, broker, agent, or insurer for the purposes of that transaction and has no control over the conduct of, or any pricing or other information provided by other Users. You acknowledge and agree that Simpli Mortgage is not a party to any transactions or agreements you enter into related to your use of the Simpli Mortgage Platform under such circumstances.

Without limiting any provision of these Terms, Simpli Mortgage does not (a) guarantee or ensure any loan amount, transaction fees, offer, or availability of any offer between you and Simpli Mortgage or you and other Users of the Simpli Mortgage Platform; (b) collect or process payment or transfer of title or security liens on behalf of itself or other Users, or otherwise act as an agent for any party to a loan or real estate transaction in which Simpli Mortgage is not the lender or broker; (c) personally endorse any third party, including, but not limited to, any lender, borrower, or real estate agent; (d) make any guarantee, express or implied, that any information provided through the Simpli Mortgage Platform by a User is accurate; € verify the information that Users supply; (f) guarantee any loan products provided by Users of the Simpli Mortgage Platform; (g) verify or represent that information provided by Users comply with applicable laws; or (h) control how any User uses another User’s information.

You acknowledge and agree that Simpli Mortgage is a passive conduit for the collaboration amongst Users and has no responsibility for, or any involvement in, any transactions amongst and between Users and other third parties, except for those transactions for which Simpli Mortgage is the lender or broker. You further acknowledge and agree that any transaction you enter into with another User will be governed by terms agreed upon between you and such other User. You must determine the value and appropriateness of any transaction you enter into with another User. Simpli Mortgage expressly disclaims any and all liability or responsibility for the success and compliance with applicable laws of any transaction you enter into with another User.

Additional Privacy Terms

As a User, the collection, use, and sharing of your personal information is subject to our Privacy Policy, which may be revised from time to time. Our Privacy Policy is available at https://simpli-mortgage.com/privacy.

Our Privacy Policy may be updated and modified by us from time to time without notice to you by posting a revised Privacy Policy on the Simpli Mortgage Platform. Your continued use of the Simpli Mortgage Platform after we publish any change, whether or not we send out a notice about the change, means that you have agreed to the updated Privacy Policy.

Third Party Websites and Advertising

The Simpli Mortgage Platform may contain links to, integrate with, and/or provide functionalities that permit connection to websites and services that are owned or controlled by third parties. Simpli Mortgage has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website or service and you expressly agree that Simpli Mortgage does not need to give you notice that you are leaving the Simpli Mortgage Platform or are connecting to a third party service. In addition, Simpli Mortgage will not, and cannot, censor or edit the content of any third-party website or service. By using the Simpli Mortgage Platform you expressly relieve Simpli Mortgage from any and all liability arising from your use of any third-party website or service. We encourage you to be aware that when you leave the Simpli Mortgage Platform and to read the terms and conditions of each other website that you visit.

Advertising may be presented to you when you use the Simpli Mortgage Platform. You consent to receiving such advertisements. You also acknowledge and agree that Simpli Mortgage is not responsible for any products or services provided by advertisers outside of Simpli Mortgage, its subsidiaries, or its affiliated companies.

The Simpli Mortgage Platform allows you, or could in the future allow you, to share content through various platforms, websites and mobile applications, including, but not limited to, Facebook and Twitter. You understand that Simpli Mortgage does not control what information gets published to those sites or who has access to that information. Those sites are managed by third parties and governed by the terms of use and privacy policies published on those sites.

Copyright Compliance

If you are a copyright owner or an agent thereof and believe that any user submission or other content on the Simpli Mortgage Platform infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Simpli Mortgage with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 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;
  • 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 Simpli Mortgage to locate the material;
  • Information reasonably sufficient to permit Simpli Mortgage to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • 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
  • 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.

DMCA claims may be sent to the following address:

Simpli Mortgage a dba of Maxwell Lender Solutions Inc.
1700 Lincoln St, Suite 2900
Denver, CO 80203

DMCA claims can also be sent to Simpli Mortgage’s Copyright Agent via email at feedback@simpli-mortgage.com (subject line: “DMCA Takedown Request”).

If you believe that your User Data was removed (or to which access was disabled) pursuant to a DMCA Takedown request is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use such User Data, you may send a written counter-notice containing the following information to Simpli Mortgage using the contact information above. The counter-notice must include the following:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location oat which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside of the United States, for any judicial district in which Simpli Mortgage may be found, and that you will accept service of process from the person who provided the notification under the DMCA or an agent of that person.

Upon receipt of an appropriate written counter notification from you, as described above, Simpli Mortgage will provide the person who provided the notification under the DMCA with a copy of the counter notification, and inform such person that Simpli Mortgage will replace the removed material or cease disabling access to it in 10 business days. Thereafter, Simpli Mortgage will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless Simpli Mortgage’s designated agent first receives notice from the person who provided notification under the DMCA that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Simpli Mortgage Platform.

Dispute Resolution

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

YOU AGREE THAT BY USING THE SIMPLI MORTGAGE PLATFORM YOU ARE WAIVING THE RIGHT TO A COURT OF LAW OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST SIMPLI MORTGAGE ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE PLATFORM OR SERVICES, OR YOUR DEALINGS WITH SIMPLI MORTGAGE SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY PURSUANT TO THE FEDERAL ARBITRATION ACT. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF ANY ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND SIMPLI MORTGAGE AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS YOU MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN DENVER COUNTY, COLORADO. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE. IN ANY ARBITRATION PROCEEDING BETWEEN YOU AND SIMPLI MORTGAGE IN CONNECTION WITH THESE TERMS, YOUR USE OF THE SIMPLI MORTGAGE PLATFORM, OR YOUR DEALINGS WITH SIMPLI MORTGAGE, THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEY’S FEES AND COSTS IN SUCH ARBITRATION FROM THE OTHER PARTY.

THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THE SIMPLI MORTGAGE PLATFORM, OR YOUR DEALINGS WITH SIMPLI MORTGAGE MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2) YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.

YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION (i.e., WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION) SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDINGS MUST BE BROUGHT EXCLUSIVELY IN THE STATE AND FEDERAL COURTS LOCATED WITHIN DENVER COUNTY, COLORADO, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS OF LIABILITY AND DAMAGES INCLUDED IN THESE TERMS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR USE OF THE SIMPLI MORTGAGE PLATFORM AND YOUR RELATIONSHIP WITH SIMPLI MORTGAGE. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE, AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1-16 (“FAA”), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG.

IF YOU WISH TO OPT OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST USE THE SIMPLI MORTGAGE PLATFORM, OR SUBMIT THROUGH THE SIMPLI MORTGAGE PLATFORM A REQUEST FOR INFORMATION, YOU MUST SEND US A LETTER STATING, “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” AT THE FOLLOWING ADDRESS:

Simpli Mortgage a dba of Maxwell Lender Solutions, Inc.
1700 Lincoln St, Suite 2900
Denver, CO 80203

In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state and federal courts located within Denver County, Colorado, as appropriate, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms will be governed by the laws of the State of Colorado, without giving effect to any principles of conflicts of laws.

Disclaimer of Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SIMPLI MORTGAGE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY SERVICES, CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SIMPLI MORTGAGE PLATFORM. THE SIMPLI MORTGAGE PLATFORM, AND ALL OF THE INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SIMPLI MORTGAGE PLATFORM ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT  REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PORTION OF THE SIMPLI MORTGAGE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY SERVICES, INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SIMPLI MORTGAGE PLATFORM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THE SIMPLI MORTGAGE PLATFORM; (D) THAT THE CONTENT OF THE SIMPLI MORTGAGE PLATFORM IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE; AND (E) THAT SIMPLI MORTGAGE PLATFORM WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

SIMPLI MORTGAGE DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR, STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED SIMPLI MORTGAGE SPOKESPERSONS. WE DO NOT ENDORSE, AND ARE NOT RESPONSIBLE FOR, ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER DATA, THIRD PARTY STATEMENTS, OR ANY OTHER CONTENT PROVIDED BY A THIRD PARTY, AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF SIMPLI MORTGAGE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS OR THE RULES, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE SIMPLI MORTGAGE PLATFORM SHALL BE NO GREATER THAN THE AMOUNT OF $100.

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SIMPLI MORTGAGE PLATFORM OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SIMPLI MORTGAGE PLATFORM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATE “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

IF YOU ARE ACCESSING THE SIMPLI MORTGAGE PLATFORM FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE SIMPLI MORTGAGE PLATFORM; (B) IRREVOCABLY WAIVE ALL LOSSES OF INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SIMPLI MORTGAGE PLATFORM; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE SIMPLI MORTGAGE AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SIMPLI MORTGAGE PLATFORM; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST SIMPLI MORTGAGE FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF SIMPLI MORTGAGE AND ITS AFFILIATES AND ITS AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

Indemnification

You agree to defend, indemnify, and hold harmless Simpli Mortgage, its past, present and future affiliates, licensors, advertisers, third party suppliers, other business partners, and service providers, and its and their respective officers, managers, directors, employees, contractors, agents, licensors, suppliers, successors, insurers and assigns (collectively, the “Simpli Mortgage Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney’s fees) arising out of or relating to, directly or indirectly, your violation of these Terms or your use of the Simpli Mortgage Platform, including, but not limited to: (a) your negligence or misconduct; (b) any User Data you contribute to or submit through the Simpli Mortgage Platform, including without limitation information associated with your account or transaction; (c) your conduct, including your use of the Simpli Mortgage Platform; (d) your connection to the Simpli Mortgage Platform; (e) any violation or breach of these Terms; (f) your violation or infringement of any intellectual property, privacy, publicity, confidentiality, proprietary or other rights of any person or entity; (g) your use of the Content; or (h) your violation of applicable laws (collectively, the “Claims”).

You are solely responsible for defending any such Claims, and for payment of any and all losses, costs, damages or expenses resulting from the foregoing. Simpli Mortgage shall have the right, in its sole discretion, to select its own legal counsel to defend the Simpli Mortgage Indemnified Parties from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of Simpli Mortgage’s reasonable attorneys’ fees incurred in connection therewith. You shall notify Simpli Mortgage immediately if you become aware of any actual or potential claims, suits, actions, allegations, or charges that could affect your or Simpli Mortgage’s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of Simpli Mortgage, settle, dispose, or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any of the Simpli Mortgage Indemnified Parties.

Termination

You agree that Simpli Mortgage, in its sole discretion, may suspend or terminate your account (or any part thereof) of use of the Simpli Mortgage Platform and remove and discard any content within the Simpli Mortgage Platform for any reason, including, but not limited to, lack of use or if Simpli Mortgage believes you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Simpli Mortgage Platform may be referred to appropriate law enforcement authorities. Simpli Mortgage may also in its sole discretion and at any time discontinue providing the Simpli Mortgage Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Simpli Mortgage Platform under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Simpli Mortgage may immediately deactivate your account and all related information and files in your account and/or bar any further access to the Simpli Mortgage Platform. Further, you agree that Simpli Mortgage will not be liable to you or any third party for any termination of your access to the Simpli Mortgage Platform.

You may terminate these terms at any time by closing your account and ceasing all access of the Simpli Mortgage Platform. Further, if you are a Subscribing User, your account or access to the Simpli Mortgage Platform may be terminated in accordance with, or at the direction of the other party to, the applicable Subscription Agreement.

Upon termination or expiration of these Terms for any reason, all rights to the Simpli Mortgage Platform granted by Simpli Mortgage to you will immediately cease to exist and you shall discontinue all use of the Simpli Mortgage Platform.

If you have prepaid for access to the Simpli Mortgage Platform for a period of time, and you close your account prior to expiration of such period, we will refund the amount prepaid associated with the duration of such period remaining as of the date you close your account. No refund shall be paid with respect to the month during which you close your account, regardless of the day on which you do so. We will issue the refund within sixty (60) days of when your cancellation request is processed. You are not entitled to any refund if we terminate access to the Simpli Mortgage Platform due to your violation of these Terms or your breach. If you purchased access to the Simpli Mortgage Platform at a discounted price and close your account prior to completion of the period of time associated with such discounted price, you will be entitled to a refund determined without reference to such discount. For example, if you paid $1,000.00 for a one-year subscription, and the monthly subscription price was $99.00 at the time of such purchase, if you cancelled during the sixth (6th) month of the year for which you prepaid, we would grant you a refund of $406.00, or $1,000.00 – (6 * $99.00).

User Disputes

You agree that you are solely responsible for your interactions with any other User in connection with your use of the Simpli Mortgage Platform and Simpli Mortgage will have no liability or responsibility with respect thereto. Simpli Mortgage reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User.

Additional Rules

You acknowledge that Simpli Mortgage may establish additional Rules, including, but not limited to, general practices and limits concerning your use of the Simpli Mortgage Platform. You are responsible for ensuring any use of the Simpli Mortgage Platform complies with these Terms and any additional Rules applicable to such use.

Force Majeure

Simpli Mortgage shall not be liable for any delay in performing, or failure to perform its obligations under these Terms or the performance of any portion of the Simpli Mortgage Platform resulting from any cause beyond its reasonable control, including, without limitation, acts of God, fire, extreme temperatures, high winds, lightning, strikes, energy interruptions, labor disputes, natural disaster, fire, flood, storm, slide, earthquake, epidemics, power failure, inability to obtain equipment, supplies or other facilities, labor disputes, terrorism, criminal activity, governmental demands or requirements, inclement weather, war, declared or undeclared, or the acts of government (each, a “Force Majeure Event”). If affected by a Force Majeure Event, Simpli Mortgage shall be excused from performance to the extent made necessary by such event.

Severability

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Headings

The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.

Copy of Terms

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Support

If you have any questions or concerns about the Simpli Mortgage Platform, any of our Services, these Terms, or the Rules, including to report potential violations of the Terms or Rules by others, please email us at feedback@simpli-mortgage.com.