Terms of Service
Last Updated: August 30, 2017
The following meanings shall apply in these Terms of Service: “Services” refers to the Site, its Applications, and all services, self-help documents, forms, and templates provided by Keep It Simple; “Keep It Simple”, “we”, “us” and “our” refer to Keep It Simple, LLC, (the owner and operator of SimplyWilled), and any other affiliates (including subsidiaries, officers, directors, employees, consultants, agents and representatives); “You” and “your” refer to each customer, visitor or user of our Site, or of any Services provided therein; “Document Materials” refer to any document, whether in physical, electronic, or any other form, created using the Site, Application, and/or Services. If you access or use the Services on behalf of another person, company, organization, or other entity, then (a) “you” and “your” also refers to that entity, (b) you represent and warrant that you are an authorized representative of such person or entity with the authority to bind the person or entity to these Terms of Service, and (c) you agree to these Terms of Service on the person or entity’s behalf.
For the purposes of these Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Keep it Simple may revise these Terms of Service at any time without notice to you. Should we modify these Terms of Service, we will update the “Last Updated” date at the top of this page. In continuing to access or use our Site and Services after we have updated our Terms of Service, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services. If at any time you find these Terms of Service unacceptable or if you do not agree to these Terms of Service, please do not access our Site or utilize our Services.
Keep It Simple may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our web site, as determined by Keep It Simple in our sole discretion. Keep It Simple reserves the right to determine the form and means of providing notifications to our users. Keep It Simple is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
This Agreement, together with any amendments and any additional agreements you may enter into with Keep It Simple in connection with the Service, shall constitute the entire agreement between you and Keep It Simple concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Keep It Simple’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
In addition to the foregoing, by accessing or using our Site and Services, you acknowledge and agree to the following:
- I AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES I AM AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
- I understand and agree that Keep It Simple is not a law firm or an attorney, may not perform services performed by an attorney, and its forms or templates such as the ones provided at SimplyWilled are not a substitute for the advice or services of an attorney. Rather, I am representing myself in this legal matter. No attorney-client relationship or privilege is created with Keep It Simple, or its employees, agents, owners, subsidiaries, or affiliates. If, prior to my purchase, I believe that Keep It Simple gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.
- I understand that the Site and Services are intended only for users domiciled in the United States.
- In using the Site and Services, I consent to have my personal data collected, used, transferred to and processed in the United States, and understand that I provide my personal information and other data to Keep It Simply at my own risk. I agree that I am solely responsible for the maintaining the confidentiality of my password and for the activity that occurs on my account. Keep It Simple shall not be liable for any losses I incur as a result of someone else’s use of my account. I understand and agree that I may be held liable for any losses incurred by Keep It SImple due to someone else’s use of my account, or my use of an account on behalf of someone other than me.
- I UNDERSTAND THAT THE KEEP IT SIMPLE REVIEW OF MY ANSWERS IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. I WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING IT AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
- Accuracy of Information and Third-Party Consent. To the best of my knowledge, I have provided accurate information to Keep It Simple and have obtained all third-party consents required for my order.
- Electronic Records and Signatures.I give Keep It Simple consent to affix my electronic signature where required to file my documents. I understand that to withdraw my consent, provided my documents have not already been filed, I must contact Keep It Simple in writing.
- Non-English-Speaking Customers.I understand that certain materials on the Keep It Simple site(s), including but not limited to questionnaires, documents, instructions, and filings, are only available in English.
- Limitation of Liability and Indemnification.EXCEPT AS PROHIBITED BY LAW, I WILL HOLD KEEP IT SIMPLE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF KEEP IT SIMPLE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF KEEP IT SIMPLE, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
- Additional Keep It Simple Terms.I understand that my purchase may be subject to additional terms and conditions. If applicable, I acknowledge that I have read and agree to the supplemental terms, which are incorporated herein by reference.
- Future Products and Services.If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will also apply to that additional product or service purchase.
- Billing. I agree that payment will be collected in full immediately at the time of my order, that I authorize Keep It Simple to charge my credit card when I place my order online. I further agree to all other supplemental billing policies and terms which are incorporated herein.
- Filing Fees.Except as otherwise noted, filing and recording fees may include all mandatory or applicable federal, state, county and local administrative fees, name reservation fees, initial reports, publication notices, capitalization fees, franchise tax fees, expedite fees, certified copy fees, walk-in fees, courier fees and other transactional fees incurred on your behalf by Keep It Simple.
- Delivery.I understand that Keep It Simple delivers finished products electronically only, in a downloadable and printable format, and that no products will be delivered via physical shipment. I understand that I may access my product by logging in to My Account.
- Abandoned Orders.My purchase allows me to create my own legal documents. I understand that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store credit for any undelivered order after 120 days have elapsed from the purchase date unless Keep It Simple is at fault. All itemization of fees are displayed for convenience only. Both parties acknowledge that Keep It Simple is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to Keep It Simple for reimbursement of our commitment to service this order.
- Exchanges.I understand that I may request an exchange of one product for a different product and complete a replacement order within 60 days of my purchase. The purchase price of the original item, less any filing fees, taxes or other third-party costs, will be credited to my account. Any price difference between the original order and the replacement order or, if a replacement order is not completed within 60 days of purchase, the full original purchase price (in each case less any filing fees, taxes or other third-party costs) will be credited to my original form of payment.
- Refunds and Cancellations. I understand that I have no right to cancel an order that has already been delivered, whether or not I have downloaded, printed, or accessed the product in my account. I understand that I have no right to a refund for a delivered order unless Keep It Simple agrees to the refund in writing, in its sole and unreviewable discretion. I agree that if I receive a refund from Keep It Simple, I release all possible claims against Keep It Simple arising out of my access or use of the Site, Application, or Services, or purchase of Keep It Simple products.
- Suspended Accounts. If Keep It Simple encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that Keep It Simple, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that Keep It Simple disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside Keep It Simple, including me or any authorized contact, until the investigation is complete. Additionally, I understand that Keep It Simple, in its sole discretion, may decide not to send any documents associated with my account to me or file any such documents with any government authority, while my account is disabled. I acknowledge that Keep It Simple will not be liable for any delays caused by these policies and procedures.
- Reviews. After my purchase, I may receive an email survey request from Keep It Simple. I may also write a review on the Site. If you complete the survey or submit a review, my opinions may be posted, in whole or in part, on the Site or used in marketing material. The review may be accompanied by limited identifying information, such as my first name and last initial, the product I purchased, my gender, city and/or state, and age range.
- Access to World Wide Web; Internet Delays.To use Keep It Simple services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Keep It Simple services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that Keep It Simple is not responsible for delays, delivery failures, or other damage resulting from such problems.
- Force Majeure.Keep It Simple shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, Keep It Simple may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
- Right to refuse.I acknowledge that Keep It Simple reserves the right to refuse service to anyone.
- I acknowledge that Keep It Simple is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq. Keep It Simple, LLC is located at 1725 DeSales Street, NW, Suite 600, Washington, DC 20036.
- I acknowledge that Keep It Simple has granted to me a limited license to use its Site, Applications, and Services on an individual personal basis, and that I have no right to reverse engineer, reproduce, or exploit its Site, Applications, Services, documents, products, or information for commercial purposes. I acknowledge that the contents of the Site, Applications, documents, information and products (both form and substance) are the intellectual property of Keep It Simple and are subject to copyright and other intellectual property rights protection. I further understand that by ordering or downloading documents from the Site, I agree that the documents I purchase or download may only be used by me for my personal or business use or used by me in connection with my client and may not be sold or redistributed without the express written consent of Keep It Simple.
- I understand that Keep It Simple may revise these Terms of Service at any time without notice to me.
- I agree that I, or my Estate, will defend, indemnify, and hold harmless Keep It Simple against lawsuits brought by beneficiaries arising out of my use or access of the Site and Services.
- I understand and agree that the maximum extent of any liability Keep It Simple has to me for my use and access to the Site, Applications, and Services is the value of my purchase.
- Acknowledgement. I UNDERSTAND THAT THESE TERMS AFFECT MY LEGAL RIGHTS AND OBLIGATIONS. IF I DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, I WILL NOT USE THIS SERVICE. BY PROCEEDING WITH MY PURCHASE, I AGREE TO THESE TERMS OF SERVICE AND ALL OTHER TERMS INCORPORATED HEREIN.
Thank you for allowing Keep It Simple to facilitate the preparation of your important estate planning documents. Should you have any additional questions regarding our Site or the Services provided therein, please send us an email at firstname.lastname@example.org.