This User Agreement, the User Privacy Notice, and all policies posted on our sites set out the terms on which Simpli Real estate, llc (“SRE”) offers you access to and use of our sites, services, applications and tools (collectively "Services"). All policies, the Mobile Devices Terms, and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all the above when accessing or using our Services.
The entity you are contracting with is Simpli Real Estate, LLC., located at 39896 Elmite St. Harrison Twp, MI, 48045
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below).
SRE is an online real estate marketplace that allows users to offer, sell and buy real property as well as utilize 3D virtual tours all from the comfort of the users home.. The actual contract for sale is directly between the sellers and buyers. SRE is not an auctioneer. While we may provide pricing, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, SRE has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell property; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction.
In connection with using or accessing the Services you will not:
When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
The fees we charge for using our Services are $2,499 (Two Thousand Four Hundred Ninety Nine US dollars.) We may change our seller fees from time to time by posting the changes on the SRE site 14 days in advance, but with no advance notice required for temporary promotions.
You must have a payment method on file when utilizing SRE one on file before you next sell, and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and, for accounts over 180 days past due, ) In addition, you will be subject to late fees. SRE, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information SRE reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at If you wish to dispute the information a collection agency reported to a credit bureau regarding your SRE account, you must contact the collection agency directly.
When listing real property, you agree that:
We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
When buying with SRE, you agree that:
We do not transfer legal ownership of items from the seller to the buyer.
When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.
You agree to receive calls, including autodialed and/or pre-recorded message calls, from SRE at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our User Privacy Notice, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
You hereby express consent to and grant SRE a license to share your telephone number and home address with non-affiliated third parties for their purposes. SRE may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with SRE or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with SRE may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by SRE, and SRE does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by SRE to Title companies, Lending institutions, Banks and any other discipline involving the real estate industry.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in SRE applications may not occur in real time. Such functionality is subject to delays beyond SRE’s control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $1000.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of SRE’s Services or your breach of any law or the rights of a third party.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SRE HAVE AGAINST EACH OTHER ARE RESOLVED.
You and SRE agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the SRE User Agreement your use of or access to the Services, or any products or services sold or purchased through the Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
A. Applicable Law
You agree that the laws of the State of Michigan, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and SRE, except as otherwise stated in the User Agreement.
B. Judicial Forum for Legal Disputes
Unless you and we agree otherwise memorialized in writing and signed by each party or their authorized representatives, you agree that any claim or dispute that has arisen or may arise between you and SRE must be resolved exclusively by a state court located in Oakland County, Michigan. You and SRE agree to submit to the personal jurisdiction of the courts located within Oakland County, Michigan for the purpose of litigating all such claims or disputes.
Simpli Real Estate. is located at 39896 Elmite St. Harrison Twp, MI, 48045
Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement. You may not assign any rights or obligations under this agreement without the express written consent of SRE or its authorized representatives. Any attempted assignment not in compliance with this section shall be void.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.simplirealestate.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days notice by posting the amended terms. Additionally, we will notify you through the SRE Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an SRE representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the SRE site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement, the User Privacy Notice, and all policies set forth the entire understanding and agreement between you and SRE and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.