Simple sale usa, llc & Sell Fast USA – Terms of Use
Welcome. These Terms of Use (referred to herein as the “Agreement” or “Terms”) govern your use of this website (the “Site”) and any related services offered by Simple Sale USA, LLC and its marketing vendor Sell Fast USA, LLC (individually, “Sell Fast”) (collectively, “we,” “us,” or “our”). The services offered through this Site (the “Services”) are intended to provide you with information regarding the potential sale of your property and to allow you to request an offer. You must be 18 years or older to use the Services.
PLEASE NOTE THAT, BY USING THE SERVICES, YOU AGREE TO THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND US. AMONG OTHER THINGS, IT INCLUDES AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. IT ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS AGREEMENT CAREFULLY.
UNLESS YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
Table of Contents:
- GENERAL
- ACCEPTANCE OF TERMS
- PRIVACY POLICY
- USE OF OUR SERVICES
- COMMUNICATIONS WITH US
- INTELLECTUAL PROPERTY AND OWNERSHIP
- DISCLAIMERS
- LIMITATION OF LIABILITY
- LEGAL DISPUTES AND ARBITRATION AGREEMENT
- LEGAL TERMS
1. GENERAL
1.1. The Services
The Site is operated on behalf of Simple Sale USA, LLC and Sell Fast. Where applicable, “we,” “us,” and “our” shall refer to these entities and their respective affiliates, successors, and assigns. “You” or “your” shall refer to the user of the Services. The Services are intended to provide you with information about selling your property and to facilitate your request for a no-obligation cash offer.
1.2. Updates to the Terms
We reserve the right to change, modify, add, or remove sections of these Terms at any time, in our sole discretion. You are responsible for checking these Terms for any changes whenever you use the Services. By continuing to use or access any of the Services, you accept and agree to any such changes. IF YOU DO NOT AGREE TO ANY CHANGE(S), YOU MUST STOP USING THE SERVICES.
1.3 Supplemental Terms
Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms, such as our Privacy Policy (“Supplemental Terms”), the terms of which are hereby incorporated by reference.
2. ACCEPTANCE OF TERMS
By accessing or using the Site and its Services in any way, including by submitting a webform, you affirm that you have read, understood, and agree to be bound by this Agreement.
PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. SPECIFICALLY, SECTION 9 CONTAINS A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. THIS AGREEMENT ALSO CONTAINS IMPORTANT DISCLAIMERS IN SECTION 7, LIMITATIONS ON OUR LIABILITY IN SECTION 8, AND YOUR EXPRESS CONSENT TO BE CONTACTED BY US IN SECTION 5.
If you do not agree to be bound by this Agreement, you may not access or use the Services.
3. PRIVACY POLICY
Your privacy is important to us. Our Privacy Policy governs the collection, use, and disclosure of your personal information submitted through the Services. The Privacy Policy is incorporated into this Agreement by reference. By accepting these Terms, you also acknowledge and agree to the terms of our Privacy Policy.
4. USE OF OUR SERVICES
4.1. License to Use Services
Subject to your compliance with this Agreement, we grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services solely for your personal, non-commercial purpose of evaluating the potential sale of your property.
4.2. Prohibited Conduct
You agree that you will not:
- Use the Services for any unlawful purpose or in any manner that could disable, overburden, damage, or impair the Site;
- Introduce any bugs, viruses, worms, or other code that is malicious or technologically harmful;
- Use any robot, spider, or other automated device to access the Services for any purpose without our express written permission.
4.3. Your Obligation to Provide Accurate Information
You agree to provide valid, complete, and accurate information—including your name, email address, and telephone number—whenever prompted by the Services, such as when filling out our webforms. You acknowledge that we rely on this information to provide our Services and to ensure our communications with you are compliant with applicable laws, including the Telephone Consumer Protection Act (the “TCPA”). You have a continuing obligation to ensure your information is current.
5. COMMUNICATIONS WITH US
5.1 GENERAL TERMS & DISPUTES
WITHOUT LIMITATION, HOW YOU, SELL FAST, AND Simple Sale usa, llc (INCLUDING EACH PARTY’S RESPECTIVE AGENTS, CONTRACTORS, EMPLOYEES, AFFILIATES, SUCCESSORS, AND ASSIGNS) MAY COMMUNICATE BY TELEPHONE, EMAIL, TEXT MESSAGE, ONLINE FORM, OR LIVE CHAT IS SUBJECT TO THESE COMPLETE TERMS, WHICH CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE LEGAL DISPUTES AND ARBITRATION AGREEMENT SECTION BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US, INCLUDING WITHOUT LIMITATION, ANY CLAIMS RELATING TO TEXT MESSAGES YOU RECEIVE FROM US, TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE ARBITRATION SECTION BELOW.
5.1. Your Prior Express Written Consent
By (a) voluntarily providing your telephone number and email address on our Site’s webform and (b) affirmatively agreeing to these Terms by checking the associated consent box, you agree that you are providing us with your prior express written consent to be contacted.
5.2. Scope of Consent
This consent allows Simple Sale USA, LLC , its marketing vendor Sell Fast, and their respective agents, affiliates, and successors to send you marketing and informational communications regarding our services. Contact may be made using emails, telephone calls, and text messages to the number you provided, even if that number is on a federal, state, or corporate Do Not Call list.
5.3. Use of Automated Technology
You understand that these communications may be sent using an automated telephone dialing system, artificial intelligence, or prerecorded/artificial voice technology. You also acknowledge that your consent is not a condition of any purchase or of receiving any service and that message and data rates may apply.
5.4. Your Representations
You represent and warrant that the telephone number you provide is valid, that you are the current subscriber and customary user of that number, and that you are authorized to give consent for that number. You represent that the time zone you select in our forms is your current, primary local time zone. You agree that we will rely exclusively on this time zone information for the purpose of complying with all federal and state regulations regarding telemarketing “quiet hours,” regardless of your physical location when you receive a communication.
5.5. Revocation of Consent (Opt-Out)
You may revoke your consent to receive marketing text messages at any time by replying “STOP” to any message you receive. You may unsubscribe from emails by clicking the “unsubscribe” link provided in the email.
6. INTELLECTUAL PROPERTY AND OWNERSHIP
The Services, including all features and materials such as text, logos, graphics, and software (collectively, “Content”), are the property of the Site operators or their licensors and are protected by copyright and other intellectual property laws. You are not granted any right, title, or interest in or to the Content.
7. DISCLAIMERS
7.1. Services Provided “As-Is”
YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING THE SERVICES ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT ANY OFFER WILL BE MADE FOR YOUR PROPERTY OR THAT ANY OFFER WILL MEET YOUR VALUATION EXPECTATIONS.
7.2. No Professional Advice
INFORMATION ON OUR WEBSITE SHOULD NOT NECESSARILY BE RELIED UPON AND IS NOT TO BE CONSTRUED AS PROFESSIONAL REAL ESTATE, FINANCIAL, OR LEGAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.
8. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL Simple Sale USA, LLC , SELL FAST USA, LLC, OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES. OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
9. LEGAL DISPUTES AND ARBITRATION AGREEMENT
PLEASE READ THE FOLLOWING CLAUSES CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
9.1. Applicability of Arbitration Agreement
Subject to the terms of this Arbitration Agreement, you and we agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Site, Services, or this Agreement (each a “Dispute”), will be resolved by binding arbitration, rather than in court, except that (i) you and we may assert claims or seek relief in a small claims court if such claims qualify and remain in small claims court; and (ii) you and we may seek equitable relief in court for infringement or other misuse of intellectual property rights.
9.2. Waiver of Jury Trial
YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
You and we are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 9.1 above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
9.3. Class Action Waiver
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
9.4. Informal Dispute Resolution
You and we agree to try to resolve any Dispute informally before resorting to arbitration. Before either party commences arbitration, we will personally meet and confer telephonically or via videoconference in a good faith effort to resolve the Dispute. The party initiating a Dispute must give written notice to the other party of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice. Notice to us must be sent to Simple Sale USA, LLC . The Notice must include: (1) your name, telephone number, and mailing address; and (2) a description of your Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent that must be fulfilled before commencing arbitration. The statute of limitations shall be tolled while the parties engage in this process.
9.5. Arbitration Procedures
If the informal dispute resolution process does not resolve the Dispute, either party may initiate binding arbitration. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern. The arbitration will be conducted by JAMS under its most current version of the Streamlined Arbitration Rules and Procedures. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. The arbitration will be conducted in Pinellas County, Florida.
9.6. Authority of Arbitrator
The arbitrator shall have exclusive authority to resolve any Dispute, including disputes related to the interpretation, applicability, or enforceability of this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision. The award is final and binding upon you and us.
9.7. 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to Simple Sale USA, LLC within thirty (30) days after first becoming subject to this Agreement. Your notice must include your name and address and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out, all other parts of this Agreement will continue to apply to you.
10. LEGAL TERMS
10.1. Assignment
You may not assign or transfer this Agreement without our prior written consent. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
10.2. Entire Agreement; No Waiver
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us concerning the Services. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
10.3. Electronic Communications
The communications between you and us may take place via electronic means. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms, agreements, notices, and disclosures that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
10.4. Indemnification
You agree to release, indemnify, and defend us and our subsidiaries, affiliates, and their officers, directors, employees, and agents from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; or (2) your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you.
10.5. Interpretation
In construing or interpreting the Terms, headings are for convenience only, and not to be considered.
10.6. Governing Law & Venue
These Terms shall be governed by the laws of the State of Florida, without regard to its conflict of law principles. To the extent any lawsuit is permitted under this Agreement, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Pinellas County, Florida.
10.7. Notice
You are responsible for providing us with a valid and current e-mail address. Any notice we send to the e-mail address you provide will constitute effective notice. You may give notice to us at the contact information provided in Section 9.7.
10.8. Severability
If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.
