Simply Homes, LLC Customer Terms and Conditions
These Terms and Conditions (these “Terms”) apply to all Customers that may interact and/or choose to transact business with Simply Homes, LLC (“Simply”).
A “Customer” is a customer of Simply that requests access to and/or chooses to be marketed to in relation to real estate properties that Simply may have a legal contractual right to acquire, market, or otherwise present information on during its normal course of business.
If you have or are going to request access to any and all information made available by Simply and/or its affiliates regarding Simply’s properties, including but not limited to physical mailing and electronic forms of distribution, on behalf of only yourself, then this agreement is made between Simply and you, personally. If you have or are going to request access to any and all information made available by Simply and/or its affiliates regarding Simply’s properties, including but not limited to physical mailing and electronic forms of distribution on behalf of your employer, as an independent contractor on behalf of your contracting principal, or as an agent in any form for any entity, then this agreement is between Simply, you personally, and your company. Within that context, “you” means you and your company, unless additional context requires otherwise. By requesting access as herein contemplated, you represent and warrant that you are duly authorized to represent your company and execute this Agreement to the Terms on its behalf.
1. Agreement To Not Circumvent
2.1 You, as the Customer understands that Simply has disclosed or may in the future disclose non-public information about the Asset or Assets to its customers, which information is or could reasonably be inferred to be confidential or proprietary in nature (the “Proprietary Information”).
2.2 Customer therefore agrees: (a) not do divulge or distribute any such Proprietary Information to any third person, (b) to disclose the Proprietary Information only to those agents or employees who need access to the Proprietary Information to act on Customer’s behalf in transacting business with Simply, and (c) to take the same security precautions to protect against disclosure or other unauthorized use of such Proprietary Information that Customer takes with its own proprietary information, but no less than reasonable precautions. Simply agrees that the foregoing will not apply with respect to any information that the Customer can (i) document is or becomes generally available to the public without any action by, or involvement of, the Customer, or (ii) was in possession of or was previously know by Customer prior to its delivery by Simply, and received by Customer, or (iii)was developed in an independent fashion without any use of any Proprietary Information. Nothing in this Agreement will prevent the Customer from disclosing Proprietary Information pursuant to any judicial or governmental order, provided that Customer provides Simply reasonable prior notice to contest any such order.
3. Use of Certain Service Providers
As a matter of its normal course of business Simply, so as to ensure a timely and efficient closing process, uses certain preferred settlement service providers. In the event that Customer obtains the right to purchase an Asset that exists within the Simply network, then the Asset’s purchase and sale agreement (“P&S”) and Simply’s assignment of that agreement will identify these service providers and require that Customer uses them to facilitate the close of escrow. These service providers may include, but are not limited to: escrow agents or agencies, title companies and title insurance providers, property insurance brokers, issuers, agencies or other related companies, private financial lenders whom facilitate loans for either bridge financing or rental property mortgages, and resale real estate brokerage. The fees charged by these service providers will be disclosed on or before the close of escrow. Customer hereby assumes the obligation to investigate any of the fees charged by any service provider identified in the P&S or assignment agreement before agreeing to assume Simply’s obligations under the P&S.
4. Representation of Business Purpose
You, the Customer duly represent and warrant that You are in the business of investing in real estate (including residential, commercial, and land) for the purposes that may include, but are not limited to: renovation, leasing, or other future disposition, and that You, the Customer do not intend to occupy any Asset that you may acquire by working with Simply or its affiliated relationships. This includes You, the Customer, as well as the Customer’s employees, agents, or other associated parties directly connected to You, the Customer.
5. No Agency
You, the Customer, agree and acknowledge that Simply is acting on its own behalf, and is in no way acting your agent or broker in any way, related or unrelated to the sale of an Asset, the assignment of a P&S by Simply to You, the Customer, or in the brokering or arrangement of any mortgage or other loan to You, the Customer and Simply does not have any fiduciary duty, relationship or fiduciary obligation to You, the Customer as the result of any transaction or transactions herein described. You, the Customer agrees and acknowledges that You have not relied on any advice from Simply and have taken the opportunity to seek your own legal and professional advice prior to agreement to the terms.