TERMS OF SERVICE

1. Fundamental Issues. This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully. These terms (the "Terms") apply to the purchase and sale of services and/or products (the “Services”) by you (also referred to as a “Customer”) through Kept Simple L.L.C. (the “Company” or “we” or “us”) and its website, https://KeptSimple.net and all its sub-domains, child pages, or other directly descended or directly affiliated website addresses and internet locales (the "Website"). By placing an order for Services from this website, you accept and are bound by these Terms, whether or not you physically sign or otherwise indicate affirmation of these Terms. You may not order or obtain Services via this Website if you: (a) do not agree to these Terms; (b) are not 18 years of age or older; or (c) are prohibited from accessing or using this Website or any of this Website's contents, goods, or services by applicable law.
2. Relationship with Website’s Conditions of Use. The Website’s Conditions of Use (the “Conditions”), found via the link later in this paragraph, are adopted to apply to the Services and do continue to apply to you except to the extent modified and superseded by these Terms. Conditions of Use. In general, these Terms intentionally do not duplicate content already covered in the Conditions. These Terms do constitute an additional “written agreement between you and us” as contemplated in the Conditions, and if the same issues are addressed in the Conditions as are addressed in the Terms, the Terms control to the extent they are different.
3. The Website and the Services. Upon appropriate payment to the Company in exchange for agreed-upon Services, you become a Customer and are able to have and access certain features and functions through the Website and the Company which non-customers are not. For example, some of the restrictions on usage of the Website and its related platforms and programs will not apply. You and we will work together to provide you features and functions to which you will be entitled as a Customer. You becoming a Customer allows you to use the Services, but does not allow you to assign your usage to anyone else or allow anyone else to use the Services through you or your account.
4. Order Acceptance and Cancellation. You agree that your order is an agreement to accept our conditional offer to provide you with the Services listed in your order in exchange for the compensation listed for the Services.
5. Prices and Payment Terms.
   1. All prices listed or otherwise provided are subject to change without notice. The price charged for Services will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.
   2. Terms of payment are within our sole discretion and payment must be received by us in order to trigger any of our obligations to you under these Terms. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; (iv) you will pay charges incurred by you, including all applicable taxes (if any); and (v) you will not seek to have the credit card company or other financing entity “reverse” the charges associated with your order.
6. Required Technologies and Activities as a Prerequisite. Our Services require you to be able to access the internet, have the ability to successfully perform certain functions on it, and be able to make payments through it. You may also need to interact with websites or other platforms belonging to third-parties and would need to follow their directions and comply with the terms and conditions for such websites, platforms, etc. If you cannot now agree to and then do these things, or prefer not to, then you must not purchase the Services.
7. Availability of the Services; Successful Use of the Services. The Services, by their very nature, rely in part on third-parties over whom we have no control. For example, if you are attempting to use the Services to interact with the Real Estate Commission, a service outage affecting the Commission’s website would negatively impact the Services, a problem over which we would have no control. Similarly, mistakes made by third-parties who impact your successful use of the Services may occur and are beyond our control. We are not responsible for third-party issues which negatively impact the Services, and not liable to you or anyone in such situations, and you will need to interact with such third-parties to seek any relief, correction, or other resolution.
8. Refunds There is no right to any refund unless the Services are not provided due to the fault of the Company, in which case a proportionate refund would be issued.
9. Force Majeure We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Limitation of Liability. YOU IRREVOCABLY AGREE THAT: (a) YOU MAY NOT SEEK, AND MAY NOT BE AWARDED, MORE THAN THE SUM TOTAL PAID TO US IN THE PRECEDING TWELVE (12) MONTHS BY WAY OF DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (THE “MAXIMUM DAMAGES”); AND (b) IF AWARDED MORE THAN THE MAXIMUM DAMAGES,TO NOT SEEK TO ENFORCE A JUDGMENT BEYOND THAT AMOUNT AND TO FORMALLY RECOGNIZE ANY SUCH JUDGMENT BEYOND THE MAXIMUM DAMAGES COMPLETELY SATISIFED UPON PAYMENT OR COLLECITON OF THE MAXIMUM DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this agreement is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
12. No Third-Party Beneficiaries; Third-Party Actions or Omissions. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. Under no circumstances will we be responsible for the actions or omissions of third-parties, even if you come into contact with or are impacted by those third-parties through the Website.
13. Notices.
    1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; (ii) by posting to the Website. It is your responsibility to keep your email address current.
    2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to +1 984-213-5625; AND (ii) by email to info@KeptSimple.net; AND (iii) by any method or manner required by law under the then-existing circumstances.
    3. Notice which complies with the above requirements will be considered accomplished as of: (i) 8 a.m. Eastern Time on the first business day following the above requirements having been met; or (ii) upon the receiving party affirmatively acknowledging receipt, whichever is earlier.
    4. Changes to these Notices requirements and procedures may be made by us, unilaterally, by way of Notice to you.