SimpleBills Resident Terms

(For North Carolina – click here)

These SimpleBills Resident Terms (this “Agreement”) provide the basic terms and conditions that govern your (“Resident” or “You”) access to and use of the Services (defined below) provided by RealPage Utility Management Inc. d/b/a SimpleBills (“SimpleBills” or “Company”). Please read this Agreement carefully before accessing or using any of the Services. By accessing or using any of the Services, You expressly acknowledge and agree to the following terms and conditions.

Please be advised that this Agreement contains provisions, including a Dispute Resolution Agreement (see Section 21 below, titled “Dispute Resolution Agreement—Arbitration and Class Action Waiver”), that govern how claims you and SimpleBills have against each other are resolved, which will, with limited exception, require the parties to submit claims they may have against one another to binding and final arbitration. Under the Dispute Resolution Agreement, the parties will (i) only be permitted to pursue claims against each other on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (ii) be permitted to seek relief (including monetary, injunctive, and declaratory relief) only on an individual basis.

1. Updates

SimpleBills may modify the terms of this Agreement at any time with or without notice to you. If we modify this Agreement, we will post the revised version on this website and update the “Updated” date at the top of this Agreement. We recommend that You review the terms of this Agreement periodically for any changes. Your continued access to or use of the Services will constitute your acceptance of the revised, legally binding Agreement terms.

2. Your Account

The Services are made available to You as the tenant of a residential property that has an active subscription to receive the Services (the “Property”) or as a tenant at a residence (“Residence”) who has signed up with SimpleBills directly and not through a Property (“Optional Account Holder”). To access the Services, You must first register with SimpleBills—including the successful creation of a Resident account. You must meet the following minimum requirements to create and maintain a Resident account: (i) valid email address, (ii) internet access, (iii) current, valid, and accepted payment method (“Payment Method on File”) as described in Section 7 and (iv) be 18 years of age or older. You agree that all information You provide is governed by the https://www.realpage.com/privacy-policy/ and You consent to all actions we take with respect to Your information consistent with the Privacy Policy. If You receive Services through a Property, You acknowledge and agree that the management company for Your Property may have the authority to make changes to Your customer account—which may include changing the Start Date, End Date, Your contact information and utility bill division between Residents in Your unit and/or between the Property and Residents.

3. Services

SimpleBills provides utility management and payment services and is an authorized party and payor to the utility provider on behalf of the utility account holder (“Account Holder”) for all units at the Property or at Your Residence. SimpleBills will receive and pay utility bills on behalf of the Account Holder. SimpleBills will then apportion utility bills between You and any other Residents in Your unit at the Property or at Your Residence, and will prepare and issue to You an invoice in the SimpleBills portal for Your portion of the utility bills (together with the Credit Reporting Service described in Section 11, the “Services”). You acknowledge and agree that SimpleBills (i) is the designated bill payor for each utility provider servicing You at the Property that is selected by the Property to be included in the Services or each utility provider for Your Residence that You elect to include in the Services (the “Utility Providers”), and (ii) will take the necessary action to receive utility bills from and pay the Utility Providers.

4. Final Billing Procedure for Residents Other than Optional Account Holders

SimpleBills will provide an estimated final bill to You in the last monthly invoice before the end date for your lease at the Property, which typically will be issued 30-60 days before the end date for your lease at the Property. This estimated final bill may be calculated based on multiple prior months of utility bills, historical data, and weather factors, and will include the applicable SimpleBills service fee for each month for which utility usage is being estimated unless You pay the SimpleBills service fee annually. You agree to pay SimpleBills this estimated final bill by the due date indicated on the invoice issued to You by SimpleBills (the “Due Date”).

You can submit a request through the SimpleBills portal to true up Your estimated final bill with Your actual final bill within thirty (30) days after Your lease end date. If You request a true-up, SimpleBills will process Your true-up request and calculate Your actual final bill when the final utility bills from the Utility Providers are received and processed by SimpleBills. If Your estimated final bill is higher than Your actual final bill, and You do not otherwise have an account balance, then SimpleBills will refund to You the difference by sending payment to the address You provide or issuing a credit to Your account if You remain a Resident using the Services. If Your estimated final bill is less than Your actual final bill, then SimpleBills will make arrangements with You for reimbursement to cover the amount owed. If You do not submit a true-up request within thirty (30) days after Your lease end date, or if SimpleBills is no longer servicing Your Property, You will not be eligible for this true-up process.

If Your Property does not estimate final utility bills, then You agree to pay the final SimpleBills invoice, which shall consist of all utility charges that are apportioned to You though the end date for your lease at the Property as reflected in utility bills received from Utility Providers, plus applicable fees and taxes, and may be received by You after Your residency at the Property has ended.

5. Your Agreement(s) with the Property and the Owner or Manager of Your Residence

You are responsible for complying with the terms of any agreement between You and the owner or manager of the Property or Your Residence (including, without limitation, the terms of Your agreement to lease Your unit at the Property or Your Residence), and You agree to indemnify and hold harmless SimpleBills and its affiliates from and against any liability arising from Your failure to comply with any such agreement. You will not request any Services that violate the terms of any such agreement.

6. Cost of Services

SimpleBills will charge You an annual or monthly service fee, as detailed in the SimpleBills Fee Schedule, for providing the Services. For Residents who are not Optional Account Holders, the specific amount and timing of the service fee is determined by SimpleBills’ agreements with Your Property as reflected in Your lease at the Property. At the Property’s election, SimpleBills may also charge You a one-time account setup fee, as detailed in the SimpleBills Fee Schedule in connection with Your registration and onboarding to use the Services.

7. Payment Requirements

SimpleBills will invoice You on a regular cadence (typically monthly) for the utility charges associated with Your unit at the Property or Your Residence, or Your portion thereof as applicable (the date on such invoice is the “Bill Date”). Pursuant to the terms of this Agreement, You agree to pay SimpleBills such invoiced amounts prior to the Due Date. Any portion of an invoice that SimpleBills has not received by the Due Date will accrue a late fee on the outstanding balance, as detailed in the SimpleBills Fee Schedule.

When You set up Your account with SimpleBills, You will be required to add a Payment Method on File to Your account, which may be a credit card, debit card, or bank account. You may pay Your SimpleBills invoice using any Payment Method on File or by check, money order, recurring or one-time bill payment, or bank draft. You may change the Payment Method on File at any time, but You agree that at least one Payment Method on File must be maintained on Your Resident account at all times. You may not remove all Payment Methods on File unless You immediately provide a replacement Payment Method on File.

If You elect to pay any SimpleBills invoice by credit card (including a credit card that is the Payment Method on File), SimpleBills may assess a surcharge on such credit card transaction in accordance with applicable state laws and Card Network Rules.

If You elect to pay SimpleBills invoices by recurring automatic payment, You agree to the Recurring Payment Terms and the terms and conditions in Section 8 below.

If SimpleBills does not receive payment of a SimpleBills invoice from You by the Due Date, SimpleBills will attempt to withdraw payment for the outstanding balance and any associated fees from Your Payment Method on File. During the term of this Agreement, You expressly authorize SimpleBills to charge Your Payment Method on File for any unpaid balance and any associated fees. This includes, without limitation, balances that have been invoiced after You have begun the process of cancelling the Services.

Please note that to revoke Your authorization of Your payment and to cancel any scheduled draft to Your account, You must contact us at 254-230-0199 or email us at info@simplebills.com to request revocation at least three (3) business days prior to a scheduled draft. Changes received by SimpleBills after this period may be delayed until the following bill day. If You want to cancel a single, non-recurring payment that has been submitted for processing, You must contact us at 254-230-0199 or email us at info@simplebills.com within 24 hours after initiating the payment.

8. Recurring Payment Program (AutoPay)

The following provision applies if You enroll in the recurring payment program, under which SimpleBills will automatically withdraw payments for SimpleBills invoices from Your Payment Method on File each month. SimpleBills reserves the right to change these recurring payment program terms or terminate this recurring payment program at any time. Notice may be given on or with Your statement or by other methods.

By enrolling in this recurring payment program, You authorize SimpleBills: (a) to initiate recurring automated clearing house (ACH) debit entries from Your specified bank account; or (b) to initiate recurring charges from Your specified debit or credit card. The amount debited from Your bank account or charged to Your debit or credit card each month will be the then-current balance on Your SimpleBills invoice. Once Your enrollment is processed, all payments will be automatically withdrawn from Your specified bank account or charged to the designated debit or credit card unless You terminate Your authorization in the manner described herein. Such payments will be withdrawn no sooner than five (5) days after the Bill Date on Your SimpleBills invoice.

You agree to be bound by any rules Your financial institution requires for pre-authorized electronic funds transfers and/or that Your debit or credit card issuer requires for pre-authorized debit or credit card transactions. You are responsible for all fees charged by Your financial institution associated with the pre-authorized payment option.

You have the right to terminate Your authorization at any time online by logging in to Your customer account at https://app.simplebills.com/signin and terminating automatic payments on the page located at https://app.simplebills.com/auto-pay or by calling the SimpleBills Customer Service team at 254-230-0199 and terminating Your authorization with a SimpleBills customer support representative. You must update all changes to Your bank account and debit or credit card information by logging into Your account at https://app.simplebills.com/signin. If You do not update Your bank account and debit or credit card information, or if SimpleBills is unable to charge Your credit card or withdraw funds from Your debit card or bank account for the amount due on Your SimpleBills account, then You may be subject to applicable fees (such as late fees) described in these terms and in the SimpleBills Fee Schedule, as well as any additional fees assessed by Your financial institution or charged by the Property.

SimpleBills will make Your monthly invoice available to You online. You can access Your monthly invoice by logging into Your account at https://app.simplebills.com/signin and viewing Your monthly invoice on the “My Bill” tab located at https://app.simplebills.com/my-bill. You agree to review each invoice You receive and provide SimpleBills notice of any errors or disputed charges at least three (3) business days before the Due Date.

SimpleBills shall bear no liability or responsibility for any losses of any kind that You may incur as a result of a payment made on items incorrectly billed or for any delay in the actual date on which Your account is debited or Your card is charged.

These recurring payment program terms do not in any way terminate, amend, or modify other terms, agreements or policies that apply to Your SimpleBills account or any SimpleBills services You receive or other agreements You may have with SimpleBills.

9. e-Billing

SimpleBills will invoice You electronically via the online SimpleBills portal each month for the portion of utility charges for which You are responsible. All official notifications sent by SimpleBills shall be in e-mail format and shall be sent to e-mail address(es) You designate to be on file with SimpleBills, and You hereby consent to receipt of electronic notifications and bills from SimpleBills. E-mail notice shall be effective upon sending to Your designated e-mail address. You understand that it is solely Your responsibility to ensure receipt of e-mails from SimpleBills and that it is Your responsibility to notify SimpleBills if You are not receiving emails from SimpleBills. You understand and agree that the only way to access utility billing information possessed by SimpleBills is through the online SimpleBills portal.

10. Direct Utility Payment

Because SimpleBills will receive and pay utility bills on behalf of the Account Holder, You shall NOT pay Utility Providers directly unless instructed to do so in writing by SimpleBills. If You submit payment(s) directly to Utility Provider(s), You will still be responsible for paying Your SimpleBills invoice, including for the amount invoiced by the Utility Provider and paid by SimpleBills. To the extent that multiple payments to the Utility Provider may result in overpayment, You may contact the Utility Provider to request any refund or credit for which You may be eligible.

11. Credit Reporting Service

SimpleBills offers an optional service to report payments made by the Due Date as positive payment history to the Equifax and TransUnion credit bureaus (the “Credit Reporting Service”). You may sign up for the Credit Reporting Service in the SimpleBills portal. If You elect to participate in the Credit Reporting Service, SimpleBills will charge a monthly fee as detailed in the SimpleBills Fee Schedule.

If You wish to stop participating in the Credit Reporting Service, You may cancel at any time in the SimpleBills portal. No refunds for service will be provided upon cancellation.

If You do not timely pay Your SimpleBills invoice by the Due Date, SimpleBills may remove You from the Credit Reporting Service. If SimpleBills removes You from the Credit Reporting Service, You may re-enroll in the Credit Reporting Service at any time through the SimpleBills portal.

SimpleBills will maintain certain of Your personal information (including Your Social Security number) for identity verification in connection with reporting Your information to credit bureaus. You agree to allow SimpleBills, and any service provider assisting SimpleBills in providing the Credit Reporting Service, to process Your personal information to verify Your identity for the purpose of providing the Credit Reporting Service to You.

You may dispute an entry on Your credit report that reflects information provided by SimpleBills to the credit bureaus by notifying SimpleBills of a dispute via email to info@simplebills.com or any other contact method listed at www.simplebills.com/support. In each such notice, You must provide Your name, address and a description of the dispute. SimpleBills will review the dispute and provide You with a decision. If more information about the dispute is required, You may be asked to provide that information to SimpleBills. If SimpleBills determines that the information being disputed was reported to the credit bureaus inaccurately, SimpleBills will notify the credit bureaus and request them to delete or modify the information as appropriate.

SimpleBills is not responsible for how the credit bureaus may manage or use the information SimpleBills provides to them, and You agree to hold SimpleBills harmless against any such claims. SimpleBills shall not be liable for any claims, charges, demands, damages or adverse impacts on Your credit score or credit history.

12. Failed Payment and Associated Fees

You shall be in default on a SimpleBills invoice if payment is not received by SimpleBills by the invoice Due Date. SimpleBills shall give notice to all Optional Account Holders in a Residence upon the occurrence of a default in payment by any Optional Account Holder in a Residence.

If You are in default on a SimpleBills invoice, including because of incorrect information, insufficient funds, expiration, or any other reason, SimpleBills will attempt to charge Your Payment Method on File periodically for any outstanding balance and associated fees until SimpleBills determines the funds are uncollectible. You expressly authorize SimpleBills to charge Your Payment Method on File under these circumstances and agree to pay any outstanding balance and all associated fees SimpleBills may have incurred while attempting to collect on the outstanding balance and associated fees, as well as the fee SimpleBills charges for returned payments, as detailed in the SimpleBills Fee Schedule. With the exception of Optional Account Holders, if You are in default on a SimpleBills invoice and fail to cure that default, SimpleBills will collect payment from the Property for Your outstanding balance and associated fees, and You will be responsible for paying the Property the full amount the Property paid to SimpleBills. If You are an Optional Account Holder in default on a SimpleBills invoice, SimpleBills may immediately terminate this Agreement as provided in Section 15.

13. Resident Removal

If You are not an Optional Account Holder, then the Property must agree in writing for You or any other Residents in Your unit at the Property to be removed from the Services. In this event, SimpleBills will recalculate the percentage owed by each remaining Resident in the unit at the Property.

If a Resident is removed from the Services, then a new billing allocation may be calculated by removing that Resident and charging the remaining Residents for their unit’s or their Residence’s utility usage (the “Group Balance”). You agree to pay Your adjusted portion of the Group Balance and all SimpleBills invoices from the time of such Resident’s removal until You stop receiving Services from SimpleBills. You agree that when a Resident in a unit or Residence is removed from the Services, the remaining Group Balance left unpaid by the removed Resident will be apportioned among the remaining Residents in the unit or Residence and added to their SimpleBills invoice for the following month. Once a Resident has been removed from the Services, they may only resume the Services at the sole discretion of SimpleBills and/or your Property.

14. Term and Termination

This Agreement is effective as of the earliest date that You do any of the following: (i) create a Resident account in connection with the Services as described in Section 3, (ii) accept this Agreement online, or (iii) access the Services. This Agreement will continue until You cease using the Services and/or the Services are no longer made available to you, such as at the termination of Your lease at the Property.

15. Additional Provisions for Optional Account Holders

The terms of this Section 15 apply to Optional Account Holders:

1. You may give SimpleBills the authority to provide Services to You and, as applicable, the other tenant(s) of Your Residence.
2. You are responsible for the termination of all utility services at Your Residence.
3. All Optional Account Holders must agree in writing for one or more Residents in a Residence to be removed from the Services.
4. All Optional Account Holders must complete and submit the application provided by SimpleBills.

If You fail to submit payment to SimpleBills for the amounts invoiced by the Due Date, then SimpleBills may, in its sole discretion, immediately terminate this Agreement and SimpleBills will have no further obligations under this Agreement. For clarity, this means SimpleBills will have no further obligation to submit payment on your behalf of any utility bills received from a Utility Provider.

A failure to comply with one or more of the terms and conditions of this Agreement on the part of one or more of the Optional Account Holders at a Residence shall constitute an event of default. SimpleBills may terminate this Agreement immediately upon default by an Optional Account Holder; and may terminate this Agreement for any other reason upon thirty (30) days’ written notice to any Optional Account Holder at a particular Residence.

An Optional Account Holder may terminate this Agreement at any time; provided, however, that all Optional Account Holders at a Residence must agree in writing to such termination and pay any outstanding balance owed by the Optional Account Holders at such Residence. Any deposits or fees charged by any utility company after discontinuing the Services are solely the responsibility of Optional Account Holders. SimpleBills shall have no obligation to pay any further utility bills pursuant to this Agreement following receipt of written notice to terminate. Notwithstanding termination of this Agreement, each Optional Account Holder at a Residence is jointly and severally liable and fully responsible to pay SimpleBills an amount equal to any bills charged to, and paid for by, SimpleBills.

16. Email Communications

As part of the service provided by SimpleBills, You will receive email and other communications relating to Your account from SimpleBills, including invoices, bill notifications, password recovery, and account updates. SimpleBills may use Your email address to contact You for issues with Your account, to advise You of any changes to the SimpleBills website or online portal, and to send You messages about SimpleBills’ additional service promotions with Your consent or as permitted by law. You may choose not to receive marketing emails from SimpleBills by clicking on the unsubscribe link in the emails You receive from SimpleBills. Please note that even if You unsubscribe from marketing emails, SimpleBills may continue sending You service-related information by email.

17. SMS and Telephone Calls

Important Notice: You agree, in order for us to service Your account or to collect any amounts You owe, SimpleBills may from time to time make calls and/or send text messages to You at any telephone number(s) we have on record or You provide to us, even if the number is registered to a cell phone and Your wireless carrier may charge You message and data fees. The manner in which these calls or text messages are made to You may include, but is not limited to, the use of prerecorded/artificial voice messages and/or an automatic telephone dialing system. You consent to our leaving artificial or pre-recorded voice messages and to using an auto dialer to call or text Your telephone number. In addition, You specifically authorize and give permission to us, our service providers, agents or anyone we authorize acting on our behalf, to contact You relating to the Services pursuant to this paragraph. You confirm that you are the owner or subscriber of the mobile phone number(s) and authorized to enroll them in the SMS service. You acknowledge that your mobile phone provider may charge you for SMS service messages in accordance with your plan with such provider. The SMS service relies upon third party wireless service provider networks to deliver text messages. SimpleBills is not liable for the availability (or lack thereof) of wireless network coverage or the failure of the wireless networks to deliver a text message. SimpleBills disclaims any responsibility for any wireless service used to access the SMS alerts. SimpleBills’ SMS alerts are available to users based in the United States. You understand and acknowledge that SMS alerts are not intended to be accessed from outside of the United States.

18. Disclaimer of Warranties

SimpleBills hereby warrants and represents to You that any Services will be provided and performed in a timely, competent and professional manner. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY; AND (B) SIMPLEBILLS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF SIMPLEBILLS, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (I) SIMPLEBILLS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (EXCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (II) THE MAXIMUM AGGREGATE LIABILITY OF SIMPLEBILLS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF $100.00 AND THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO SIMPLEBILLS TO USE THE SERVICES DURING THE 12-MONTH PERIOD OF TIME IMMEDIATELY PRECEDING THE DATE OF THE CLAIM AT ISSUE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH SIMPLEBILLS, ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

20. Exclusive Remedy

You acknowledge that Your sole and exclusive remedy for SimpleBills’ breach of this Agreement is to cause SimpleBills to correct any failure on the part of SimpleBills in order to obtain the result for which You contracted with SimpleBills. If SimpleBills is unable to provide the remedy set forth in this Section, SimpleBills’ liability to You for direct damages under this Agreement shall be limited to an amount equal to the aggregate fees paid by You to SimpleBills during the most recently concluded quarter.

21. Dispute Resolution Agreement—Arbitration and Class Action Waiver

1. In consideration for the mutual promises to arbitrate Claims (defined below), for your access to and use the Services provided by SimpleBills, and for other valuable consideration, you agree to the specific provisions set forth in this section (the “Dispute Resolution Agreement”). In doing so, you acknowledge that this is a legally binding agreement between you and SimpleBills, as defined below:
   1. As the term is used in this Dispute Resolution Agreement, “SimpleBills” refers to RealPage Utility Management, Inc. and its parents, subsidiaries, affiliates, employees, agents, officers, directors, shareholders, predecessors, successors and assigns.
   2. As the term is used in this Dispute Resolution Agreement, “Claim(s)” refer to all claims and controversies, whether based on past, present, or future events, between you and SimpleBills arising out of, or pertaining in any way to the Services (including, without limitation, your access to and use of the Services). The Claims include, without limitation:
      1. Those that, in the absence of this Dispute Resolution Agreement, would have been heard in a court of competent jurisdiction under applicable state or federal law;
      2. Claims under any legal or equitable theory of liability, including claims for breach of any contract or covenant, whether express or implied, common law claims, tort claims, statutory claims, defamation claims, and state and federal statutory claims under any provision of law regulating the Internet and access to and use of online data; and
      3. Disputes relating to the formation, interpretation, applicability, scope or enforceability of this Agreement.
   3. AGREEMENT TO ARBITRATE CLAIMS: YOU AND SIMPLEBILLS AGREE THAT ANY AND ALL CLAIMS WILL BE RESOLVED EXCLUSIVELY IN BINDING ARBITRATION RATHER THAN LITIGATION IN COURT. YOU AND SIMPLEBILLS FURTHER AGREE THAT ANY SUCH CLAIMS RELATING TO THE FORMATION, INTERPRETATION, APPLICABILITY, SCOPE, OR ENFORCEABILITY OF THIS AGREEMENT WILL BE DECIDED BY THE ARBITRATOR, NOT A COURT. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, WILL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY CLAIM RELATING TO THE FORMATION, INTERPRETATION, APPLICABILITY, SCOPE, OR ENFORCEABILITY OF THIS AGREEMENT, INCLUDING CLAIMS THAT THIS AGREEMENT IS VOID OR VOIDABLE.
   4. CLASS ACTION WAIVER: YOU AND SIMPLEBILLS EXPRESSLY AGREE THAT ALL ARBITRATIONS PURSUANT TO THIS AGREEMENT WILL BE LIMITED TO INDIVIDUAL, NOT REPRESENTATIVE CLAIMS. YOU AND SIMPLEBILLS EXPRESSLY WAIVE ANY ABILITY TO BRING A CLASS OR REPRESENTATIVE ACTION PERTAINING TO A CLAIM IN ARBITRATION OR TO SEEK RELIEF ON BEHALF OF A CLASS IN ARBITRATION. YOU AND SIMPLEBILLS ALSO EXPRESSLY WAIVE ANY RIGHT TO BRING A CLASS OR REPRESENTATIVE ACTION IN COURT OR TO PARTICIPATE OR OBTAIN BENEFITS IN A CLASS OR REPRESENTATIVE ACTION SOMEONE ELSE BRINGS IN COURT. You and SimpleBills acknowledge that this class action waiver is integral to this Dispute Resolution Agreement. If a court or arbitrator determines that this class action waiver is invalid or unenforceable, you and SimpleBills agree that the Dispute Resolution Agreement will not apply, and any Claim will be resolved in court. That is, you and SimpleBills agree that this class action waiver cannot be severed from this Dispute Resolution Agreement. Both parties’ express intention is not to proceed with any Claim by way of class arbitration.
   5. JURY AND COURT WAIVER: BY AGREEING TO ARBITRATION, YOU AND SIMPLEBILLS ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS.
   6. Applicable Law: You and SimpleBills agree that, notwithstanding any other choice of law provision, this Dispute Resolution Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq.
   7. OPT-OUT: IF YOU DO NOT WANT THIS DISPUTE RESOLUTION AGREEMENT TO APPLY, YOU MAY OPT-OUT OF IT BY SENDING TO SIMPLEBILLS, ATTN: CHIEF LEGAL OFFICER, AN OPT-OUT NOTICE E-MAIL TITLED “SIMPLEBILLS TERMS OF USE – ARBITRATION OPT-OUT” TO ARBITRATIONOPTOUT@REALPAGE.COM WITHIN FOURTEEN (14) DAYS AFTER YOUR FIRST ACCESS TO OR USE OF THE SERVICES. THIS E-MAIL OPT-OUT NOTICE MUST INCLUDE: (A) YOUR NAME AND ADDRESS; (B) THE DATE YOU FIRST ACCESSED THE SERVICES; AND (C) A STATEMENT THAT YOU ARE OPTING OUT OF THE DISPUTE RESOLUTION AGREEMENT.
   8. Procedure for Initiating Arbitration: You and SimpleBills agree that JAMS will conduct any arbitration initiated pursuant to this Dispute Resolution Agreement. To initiate arbitration, you may contact JAMS at 1-800-352-JAMS or www.jamsadr.com. A demand for arbitration form can also be found at https://www.jamsadr.com/submit. If you file an arbitration claim against SimpleBills, you are responsible for paying $250 of JAMS’ fees. SimpleBills agrees to pay the remainder of JAMS’ fees, if any, on your behalf. Arbitration will be held in the State of Texas.
   9. Small Claims: Notwithstanding the provisions above, this Dispute Resolution Agreement does not preclude you or SimpleBills from seeking remedies in any applicable small claims court, provided the remedies sought are within the scope of the applicable small claims court’s jurisdiction.
   10. Arbitration Rules: You and SimpleBills agree that the arbitration will be administered pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, as well as the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, in effect at the time of the arbitration. The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all proper claims of privilege recognized by law. The arbitrator will not have the power to award damages or relief not authorized by law.

22. Legal Costs

You agree to pay SimpleBills’ costs and reasonable legal fees if SimpleBills is required to take legal action against You to collect monies due it or to enforce its rights under this Agreement.

23. Choice of Law; Venue

You agree that any claim, action, or proceeding arising under this Agreement will be governed by and construed in accordance with the laws of the State of Texas applicable to contracts to be wholly performed therein. Any action based on or alleging a breach of this Agreement that is not subject to Section 21 (Dispute Resolution Agreement), or for entry of any judgment relating to an arbitration award issued pursuant to Section 21 (Dispute Resolution Agreement) must be brought in a state or federal court located in Dallas County, Texas. You agree to submit to the personal jurisdiction of such courts.

24. Binding on Successors

This Agreement is binding upon the Parties and their respective heirs, executors, administrators, legal representative, successors and assigns.

25. Non-Assignment

You may not assign this Agreement to any other person, including but not limited to sublessees, without SimpleBills’ express prior written consent.

26. Headings

Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.

27. Severability Clause

If any clause, sentence, paragraph, section or part of this Agreement is judged to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof.

28. Acknowledgment

You hereby represent that You understand this Agreement and are signing it after having read it carefully.

29. Survival

Your obligation to pay any outstanding balance pursuant to the terms of this Agreement, as well as Sections 4, 7, 12, 13, 15, 17-25, 27, and 30 shall survive termination of this Agreement.

30. Waiver

Any waiver of any provision of this Agreement will be effective only if in writing and signed by SimpleBills. The waiver of one provision will not be interpreted as a waiver of any other provision of this Agreement.

31. Entire Agreement

This Agreement incorporates the entire understanding of the parties concerning the subject matter contained herein. No party is relying on any warranties, representations, promises or inducements not expressly stated in this Agreement.