Simply Bail Terms & ConditionsPlease read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. By accessing the Simply Bail website (www.simplybail.com, and any sub domain or related URL of www.simplybail.com) , mobile or tablet application, or any other feature or other Simply Bail platform (collectively, "Our Website”), you agree to be bound by these terms and conditions ("Terms") and our Privacy Policy. If you do not accept all of these Terms, then you may not use Our Website. In these Terms, "we", "us", "our" and "Simply Bail" refers to Simply Bail LLC (or any affiliate or successor in interest), and "you" and "your" refers to you, the user of Our Website.THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.We may modify these Terms for any reason—at any time—by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate use of Our Website.1. We Do Not Sell Or Provide Bail or Bail BondsOur Website is a bail bond agent search engine, user interface, electronic form upload, data entry and electronic signature portal, payment portal, and communication tool. Simply Bail does not provide, own, or control any of the third party service providers, bail bond agencies, businesses or services they may provide that you can access through Our Website. For clarity, Simply Bail is not a licensed bail bond agent, and does not: provide any surety, guarantee, funds, monies or payments to a court/municipality/jail/prison system that may be necessary/required/requested to release any person(s) from jail/incarceration/detention (the “Bail Bond”). The actual payment of any Bail Bond is owned, controlled or made available by third parties (the “Bail Bond Agent(s)”) directly. The Bail Bond Agents are solely responsible for the Bail Bond. Each respective Bail Bond Agent’s terms, conditions, contracts, requirements, and privacy policies apply to your use of their bail bond and other services (including but not limited to the Bail Bond) (collectively “Bail Bond Agent Terms”), so you must agree to and understand those Bail Bond Agent Terms. Furthermore, the requirements, regulations, and conditions of each jurisdiction (court, jail, county, city, municipality, etc.) will apply to your use of a Bail Bond Agent and their services (including but not limited to payment of Bail Bond), so you must also agree to and understand those terms, and are solely responsible for compliance with such terms and legal requirements. Your interaction with any Bail Bond Agent or third party accessed through Our Website is at your own risk; Simply Bail does not bear any responsibility should anything go wrong with your use of any respective Bail Bond Agent or third party services, or the success or failure of any such Bail Bond Agent or third party providing services (including but not limited to the payment of Bail Bond, securing the release of any person(s) from jail/incarceration/detention at any time, or the refund or return of any security deposit or collateral provided by you (or at your direction/request) to a Bail Bond Agent for services).The display on Our Website of a potential payment of Bail Bond or Bail Bond Agent (and their services) does not—in any way—imply, suggest, or constitute a recommendation by Simply Bail of the success or payment of Bail Bond or services of any Bail Bond Agent, or any sponsorship or approval of Simply Bail by such Bail Bond Agent or any affiliation between such Bail Bond Agent and Simply Bail.Simply Bail hosts content and description of services, including prices of Bail Bond Agent bail bond services, made available by or obtained from Bail Bond Agents. The display on Our Website of a specified amount required for a Bail Bond, any Bail Bond Agent fees, any jail or state, travel, collateral, security deposit, or other fees, are estimates and subject to confirmation and approval by the Bail Bond Agent, jail/state/municipality/court or other required party. Simply Bail is in no way responsible for the accuracy, timeliness or completeness of such content and description of services. Since Simply Bail has no control over the payment of Bail Bond and does not verify the content and description of services uploaded by the Bail Bond Agents, it is not possible for us to guarantee the prices displayed on Our Website. Additional charges (e.g., payment fees, services charges, local taxes and fees) may apply.2. Submitting a Bail Bond Application/Inquiry/Request with Simply BailIf after submitting an application/inquiry/request (“Inquiry”) on or through Simply Bail, you obtain the services of a Bail Bond Agent through Our Website for services, including but not limited to the payment of Bail Bond, that Bail Bond payment is made by the Bail Bond Agent named on the confirmation/status page and Our Website only acts as a search engine, user interface, electronic form upload, data entry and electronic signature portal, payment information portal, and communication tool. Accordingly, Simply Bail has no responsibility for: (i) the description of services offered/provided by any Bail Bond Agent (including but not limited to the price of such Bail Bond Agent services and the Bail Bond); (ii) whether you are eligible for one or more services provided by a Bail Bond Agent (including but not limited to payment of Bail Bond); (iii) the approval and purchase of a Bail Bond payment from a Bail Bond Agent; (iv) the Bail Bond payment; (v) the obligations, success or failure of the Bail Bond Agent to secure the release of any person(s) from jail/incarceration/detention; (vi) the return or refund of any refundable security deposit, collateral, monies, real or tangible property, or other materials provided to any Bail Bond Agent by you or on your behalf/direction; (vii) the timeliness in which any Bail Bond Agent may provide services (including but not limited to the Bail Bond payment); and (viii )the obligations, success or failure, or any requirement or duties owed in connection with any person(s) released from jail/incarceration/detention (including but not limited to such individual remaining released and not subject to further incarceration/detention/jail whether in connection with the current charges or not). If you have any issues or disputes with your obtaining, use, or purchase of services from a Bail Bond Agent (including but not limited to the Bail Bond payment), you agree to address and resolve these with the Bail Bond Agent and not with us.3. Countersigning Documents, Providing Photos and Uploading Personal MaterialsAdditionally and for clarity, all terms and conditions shall apply to any access or use of our Website, even if you voluntarily or as required or requested by a Bail Bond Agent prior to or after rendering services (including but not limited to the Bail Bond), provide (either on or through Our Website or otherwise) personal information or materials, documents, photographs, security deposit or collateral, payment via a Payment Method (as defined below), and/or electronic signatures, including but not limited to: (1) an electronic signature as a co-signer, co-indemnitor, or other necessary third party participant in the Bail Bond process as it relates to a Bail Bond Agent rendering services in connection with any person(s) jailed/incarcerated/detained; (2) your payment in connection with services provided by the Bail Bond agent (including but not limited to the Bail Bond) in connection with any person(s) jailed/incarcerated/detained; or (3) if you are the person(s) whose release from jail/incarceration/detention was the result of services by the Bail Bond Agent, and you voluntarily or as required or requested provide personal photograph(s), your contact email and phone number, electronically countersign contracts or documents, payments, security deposit or collateral, and/or provide other personal information or documents. Accordingly, Simply Bail has no responsibility for: (i) the description of services offered/provided by any Bail Bond Agent (including but not limited to the price of such Bail Bond Agent services and the Bail Bond); (ii) whether you are eligible for one or more services provided by a Bail Bond Agent (including but not limited to payment of Bail Bond); (iii) the approval and purchase of a Bail Bond payment from a Bail Bond Agent; (iv) the Bail Bond payment; (v) the success or failure of the Bail Bond Agent to secure the release of any person(s) from jail/incarceration/detention; (vi) the return of any refundable security deposit, collateral, monies, real or tangible property, or other materials provided to any Bail Bond Agent by you or on your behalf/direction; (vii) the obligations, success or failure, or any requirement or duties owed in connection with any person(s) released from jail/incarceration/detention (including but not limited to such individual remaining released and not subject to further incarceration/detention/jail whether in connection with the current charges or not); and/ or (viii) the timeliness in which any Bail Bond Agent may provide any services (including but not limited to the Bail Bond payment). If you have any issues or disputes with services from a Bail Bond Agent (including but not limited to the Bail Bond payment), whether you requested and/or paid for such services or not, you agree to address and resolve these with the Bail Bond Agent and not with us.3. Intellectual PropertyWe, along with our corporate affiliates, parent corporation, subsidiaries, successors in interest own all of the text, images, software, trademarks, service marks and other material contained on Our Website. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Website must appear on all copies you print. Other non-Simply Bail product, service, or company designations on Our Website (including those of the Bail Bond Agents) belong to those respective third parties and may be mentioned in Our Website for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website.4. Use of Our WebsiteYou may only use and/or register to become a user of Our Website if you are a citizen of the United States of America and of sufficient legal age and can enter into binding contracts. Simply Bail does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may not use the Website. If you become a user, you are responsible for maintaining the secrecy of any passwords, login, unique secure dedicated links, and account information. You will be responsible for all use of Our Website by you, anyone using your password, login information, and/or secure dedicated link, all with or without your permission, and anyone who you allow to access it. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account or dedicated link is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information, secure dedicated link, or computer or mobile device used to access Our Website), you must promptly change your personal information that is affected.In order to have messages or other communications from Our Website sent directly to your mobile device and/or email address, you are solely responsible for keeping us updated with your current phone number and email address, updating to the latest version of the mobile app, and for any charges incurred by receiving such messages. You are also responsible for keeping us updated with the current phone number, email address, their updating to the latest version of the mobile app, and for any charges incurred by receiving such messages in connection with any third party(ies) mobile device and/or email addresses you provide to us (including but not limited to those: (1) paying all or a portion of a Bail Bond Agent’s services; (2) the incarcerated/jailed/detained individual(s) for whom you made the Inquiry on our Website; and/or (3) person(s) who may countersign any contracts/documents, provide additional materials in connection with an Inquiry or services of a Bail Bond Agent, make a payment, or provide security deposit or collateral). We will not be liable for information sent to your outdated email address, a device that is associated with your outdated mobile phone number, using an outdated mobile app, or any of the aforementioned of a third party provided by you. If you, or a third party you provided such contact information for, install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove such information or otherwise disable access to such software or service in order to prevent unauthorized access to such information or account.We may make inquiries we consider necessary to help verify or check your identity (or any third party provided by you) or prevent fraud. Towards this end, you authorize Simply Bail to screen you (or any third party provided by you) against third party databases or other sources and request reports from service providers.5. Agreement To Calls and Information SharingIf you submit an Inquiry through Our Website or otherwise use or access Our Website, you are making an inquiry as to Bail Bond Agents and services offered by Bail Bond Agents (including but not limited to the securing and payment of Bail Bond). You understand and agree that if you submit an Inquiry or otherwise use or access Our Website, we may share the information that you provide as may be required or necessary for a Bail Bond Agent or other third party service provider as follows, including but not limited to: to evaluate your Inquiry; provide a quote for the cost of services; accept/reject providing services (including any Bail Bond payment); to secure the release of the incarcerated/jailed/detained person(s); to finalize contracts and paperwork with electronic or physical signatures from required or requested parties; to process one or more of your payments; and to provide you with court date reminders and check-in reminders via text and email. Such information you may provide may include but is not limited to, your (or those of a third party provided by you) full name, birth date, email address, address, telephone number, communication preferences, social security number, names and contact information for personal references, current employer, previous employer, hourly wage/salary, contact information for a spouse/partner, whether you rent or own your home, your relationship to the incarcerated/detained/jailed person(s), and may also include but is not limited to the following information about the incarcerated/detained/jailed person(s) for whom services from one or more Bail Bond Agents is being sought: (a) full name; (b) address; (c) date of arrest/incarceration; (d) date of birth; (e) contact information (including but not limited to phone number and/or email address) (f) booking number; (g) arrest information (e.g. alleged crime or category/type of alleged criminal offense); (h) state, county, and/or city of jail/prison/detention center; (i) social security number; (j) current employer (k) name of supervisor; (l) previous employer; (m) previous arrest information; (n) parole information; and (o) attorney contact information. You authorize Simply Bail to share all such information, either as provided by you or as corrected by us. You acknowledge that Simply Bail is not a party to any agreement that you may make with any Bail Bond Agent, and that the Bail Bond Agent is solely responsible for its services to you. You acknowledge, understand, and agree that each Bail Bond Agent, along with any third party service providers used by Simply Bail (including but not limited to third party payment processors, file storage, verification, and electronic signature providers) may have their own practices, retention processes, and compliance requirements with regard to the storing of the information you have provided to Simply Bail that was shared with such Bail Bond Agent or third party provider service as provided for herein, and you agree Simply Bail is not responsible and shall not be liable for such Bail Bond Agent or any third party service provider(s) use or retention. You acknowledge, understand and agree that Simply Bail may store the information you provided, that information provided by a Bail Bond Agent and any third party data relating to You, or that information that was captured in connection with your access or use of the Website in perpetuity and may use such information without restriction. You understand that requirements for a particular product or service, including a Bail Bond payment, are determined by such respective Bail Bond Agent and that Simply Bail does not endorse, warrant, or guarantee the products or services of any Bail Bond Agent. Nothing in these Terms of Use or on Our Website constitutes an offer for a Bail Bond payment, loan commitment or interest rate lock agreement. You agree that Simply Bail shall not be liable for any damages or costs which arise from your use of any Bail Bond Agent goods or services.By submitting any information as stated in the preceding paragraph, or your contact request for one or more products or services of any Bail Bond Agent (including the securing and payment of Bail Bond), you are consenting to be contacted by Simply Bail and one or more Bail Bond Agents, by telephone, automated calling, pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. You understand that the Bail Bond Agent may maintain the information you submitted to Simply Bail even if you decide not to use their services. In the event you no longer want to receive communications from any Bail Bond Agent, you agree to notify the Bail Bond Agent directly.6. Application of Additional TermsYou acknowledge that certain features of Our Website, as well the products, features and services of any Bail Bond Agent or third party service provider(s), including those that may be available or accessed through Our Website, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers. 7. Agreement to Provide Accurate InformationIn providing information, making an inquiry on Our Website, or in entering into any other transaction or request for information on Our Website, you agree to provide accurate, true, current, and complete information upon which Simply Bail, any third party service provider(s), and any Bail Bond Agent may rely.8. Cooperation is RequiredOne or more Bail Bond Agents generally begin processing your Inquiry (which may include ordering a background check, credit report, and other research/background they may deem necessary) upon the submission of full and complete information in the requested fields (and if necessary additional forms). If you access or use the Website, submit or provide any information on our through our Website (including but not limited to your name, social security number, phone number and email address, current employer, electronic signature to a contract/document, photographs, selfies, or photocopies of driver’s license, credit card, proof of income, proof of address, or any of the aforementioned of a third party provided by you) or an Inquiry request form, upload or execute one or more documents electronically on our Website, you consent to and agree to: (i) cooperate with Simply Bail and the individual Bail Bond Agent’s requested process for services or products (including submitting all required documentation in a timely manner) and if needed, to obtain information Simply Bail or any Bail Bond Agent may need from third parties such as your bank, employer, current mortgage company, etc; and (ii) cooperate with Simply Bail and the Bail Bond Agent by complying with one or more requested or required check-in(s)/court reminder(s) by accessing the Website via a dedicated url provided to you via text or email at the phone number and email you provided (or that was provided on your behalf by a third party) which may record your gps location at the time you access the Website for check-in(s)/court reminder(s). In addition, you agree to notify Simply Bail and any Bail Bond Agent of any changes in any information submitted by you.9. Reasonable EffortsWhile Simply Bail will use all of its reasonable efforts to have your Inquiry reviewed, fully processed, and approved by one or more Bail Bond Agents as soon as possible, some processes are not under our control. For instance, Simply Bail cannot be responsible for Bail Bond Agent rejection of your Inquiry, delays in Bail Bond Agent approval, the submission and acceptance of all necessary information and materials, or electronic signatures on requested contracts and documents by any third parties, the speed, accuracy, or ultimate success of a respective court/state/city/county/municipality/jail/prison/detention center’s review, approval, and release of any person(s), the refund or return of security deposit or collateral, or any other matters beyond Simply Bail’s reasonable and sole control.10. Payment, Upload, Data Entry and Electronic Signature Your access to or use of certain payment features, personal information upload (e.g. driver’s license, selfie), electronic form upload, data entry and electronic signature services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these terms and terms and conditions applicable for a specific payment, personal information upload, electronic form upload, data entry and electronic signature service, the latter terms and conditions will take precedence with respect to your use of or access to that payment, electronic form upload, data entry and electronic signature service, unless specified otherwise.The payment, personal information upload, electronic form upload, data entry and electronic signature services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and You should review them independently (including but not limited to those at https://docspring.com/tos, https://docspring.com/privacy, https://docspring.com/security). We are not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by us.We may temporarily restrict the availability of the payment, personal information upload, electronic form upload, data entry and electronic signature services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the payment, personal information upload, electronic form upload, data entry and electronic signature services. We may improve, enhance and modify the payment, personal information upload, electronic form upload, data entry and electronic signature services and introduce new payment, personal information upload, electronic form upload, data entry and electronic signature services from time to time.10.1 Key Definitions“Payment Method” means one or more financial instruments that you have added to your Simply Bail account, used as a form of payment for one or more services from a Bail Bond Agent or other third party on Simply Bail, and/or as part of the Inquiry and approval process with one or more Bail Bond Agents, such as a credit card or debit card, Apple pay, Cash App, or PayPal account.10.2 Additional VerificationWe may make inquiries we consider necessary to help verify or check your identity (and that of a third party provided by you) or prevent fraud. Towards this end, you authorize Simply Bail to screen you (and third party(ies) provided by you) against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include but is not limited to (i) asking you to provide on your behalf or that of a third party provided by you, a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address and Payment Methods, or those of a third party provided by you; or (iii) attempting to screen your information, or that of a third party provided by you, against third-party databases. We reserve the right to close, suspend, or limit access to our Website and the payment services in the event we are unable to obtain or verify any of this information.You may authorize a third party to use your Simply Bail account or secure dedicated link in accordance with the Simply Bail terms. You acknowledge and agree that anyone you authorize to use your Simply Bail account or secure dedicated link may use the payment services on your behalf and that you will be responsible for any payments (including security deposit and collateral) made by such person.10.3 Payment Methods10.3.1 When you add a Payment Method to your Simply Bail account or during the Inquiry, approval, and acceptance process in connection with one or more Bail Bond Agents, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to Simply Bail or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method, and it is your obligation to keep your Payment Method up-to-date at all times.10.3.2 When you add or use a new Payment Method, Simply Bail may verify the Payment Method by authorizing a nominal amount or by authenticating the account via a third-party payment service provider. For further verification, we may also (i) authorize the Payment Method for one or two additional nominal amounts, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts to you.10.3.3 Please note that Payment Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments, and Simply Bail is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method.10.3.4 You authorize Simply Bail to store your Payment Method information and charge your Payment Method as outlined in these terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file.10.3.5 You are solely responsible for the accuracy and completeness of your Payment Method. Simply Bail is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.10.4. Financial Terms for UsersYou authorize Simply Bail or its third party payment processors to charge your Payment Method the total fees (which may include that designated as “security deposit” or “collateral” which may be refunded pursuant to the terms and conditions and practices of your Bail Bond Agent), in one or more separate charges, depicted on the Simply Bail website for the services or products of any Bail Bond Agent you have selected (including but not limited to the Bail Bond Payment, state and jail fees, other listed fees, security deposit or collateral, and any applicable taxes). Simply Bail will collect the total fees from the Payment Method you have provided. Generally speaking, Simply Bail will collect the total fees from a user at the time the user’s Inquiry is accepted and approved by the Bail Bond Agent. Simply Bail may offer alternative options for the timing and manner of payment. For example, in some cases, users may be required to pay or have the option to pay in multiple installments. Any additional fees for using offered payment options will be displayed via the Website and included in the total fees, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Simply Bail is unable to collect the total fees as scheduled, Simply Bail will collect the total fees at a later point. Once the payment transaction is successfully completed, you will receive a communication based on your provided preference (text/email). If Simply Bail is unable to collect any amounts You owe under these Payments terms, Simply Bail (and/or the Bail Bond Agent you purchased services from) may engage in collection efforts to recover such amounts from You. As it relates to Simply Bail, You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Simply Bail by You. Such communication may be made by Simply Bail, the Bail Bond Agent you purchased services from, or by anyone on its behalf, including but not limited to a third-party collection agent. In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.10.5 Refunds10.5.1 If your Inquiry and requested service from a Bail Bond Agent (including but not limited to the Bail Bond payment) is cancelled after such Bail Bond Agent has previously accepted it and Simply Bail or its third party payment processor has charged and received the total fees via your Payment Method, you may request any amounts charged and collected by Simply Bail or its third party payment processor to be refunded to you, and any pre-authorization of your Payment Method be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules. The availability, eligibility and timing to receive a full or partial refund is subject to the terms and conditions of the Bail Bond Agent and such Bail Bond Agent’s contracts. The actual return or refund of payment is conditioned, owned, controlled and made available by your Bail Bond Agent directly. Your respective Bail Bond Agent’s terms and privacy policies apply, so you must agree to and understand those terms. Simply Bail does not bear any responsibility for any refund or return of your payment and should a Bail Bond Agent through act, omission, error, intention, negligence, or any other reason fail to refund or return your payment (or any portion thereof) (including but not limited to withholding it due to your lack of eligibility for refund or return, in such Bond Agent’s discretion), or if you have any issues or disputes with your obtaining a refund or the return of your payment, you agree to address and resolve these with the Bail Bond Agent and not with us. 10.5.2 Security Deposit or Collateral. If as part of your total fees paid via your Payment Method or otherwise, you provide a refundable security deposit or collateral in connection with your Inquiry and payment for a Bail Bond Agent’s services (including but not limited to the Bail Bond), the availability, eligibility and timing to receive any refund of the security deposit or collateral is subject to the terms and conditions of the Bail Bond Agent and such Bail Bond Agent’s contracts. Such terms may include but are not limited to the requirement to present a certificate of disposition at the conclusion of trial proceedings in either person or by registered mail. The actual return or refund of payment of any security deposit or collateral is conditioned, owned, controlled and made available by your Bail Bond Agent directly. Your respective Bail Bond Agent’s terms and privacy policies apply to your use of their bail bond services including the security deposit and collateral, so you must agree to and understand those terms. Simply Bail does not bear any responsibility for the refund or return of your security deposit or collateral and should a Bail Bond Agent through act, omission, error, intention, negligence, or any other reason fail to refund or return your security deposit or collateral (including but not limited to withholding it due to your lack of eligibility for refund or return, in such Bond Agent’s discretion), or if you have any issues or disputes with your obtaining a refund or the return of your security deposit or collateral, you agree to address and resolve these with the Bail Bond Agent and not with us. 10.6 Payment Processing ErrorsWe will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by you, so that you end up receiving the correct amount. This may be performed by Simply Bail or a third party such as your financial institution.10.6 Prohibited ActivitiesYou are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the payment services. In connection with your use of the payment services, you may not and you agree that you will not and will not assist or enable others to:● breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the Simply Bail Terms and Conditions;● use the payment services for any commercial or other purposes that are not expressly permitted by these payments terms;● register or use any Payout Method with Simply Bail account that is not yours or you do not have authorization to use;● avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Simply Bail or any of Simply Bail’s providers or any other third party to protect the payment services;● take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the payment services;● attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the payment services; or● violate or infringe anyone else’s rights or otherwise cause harm to anyone.11. Deposit/Refund PolicyWhen you submit an Inquiry for services or products from one or more Bail Bond Agents (including but not limited to requesting a Bail Bond payment) Simply Bail will begin to process your request and, as a result, may advance on your behalf costs for certain third party expenses. If you do not fully cooperate in or complete the process (including submitting all required documentation in a timely manner), choose to withdraw your application/inquiry/request, or choose not to utilize the services of a Bail Bond Agent for any reason, you may be required to pay for some or all of Simply Bail’s third party costs.12. Permitted Use of Our WebsiteYou may only use Our Website to search for, provide materials and information in connection with, and procure the services of legitimate Bail Bond Agents; you may not use Our Website to make any false, fraudulent or speculative application/reservation/purchase of services. By using Our Website, you agree to comply with laws that apply to the United States, including laws that apply to exporting technical data.In addition, you agree not to do any of the following without prior express written permission from Simply Bail:(i) access Our Website with any manual or automated process for any purpose other than your personal use or for inclusion of Simply Bail pages in a search index. Use of any automated system or software to extract data from Our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited;(ii) violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;(iii) deep-link to any portion of Our Website for any purpose;(iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;(v) reproduce, duplicate, copy, sell, trade, resell or exploit Our Website;(vi) use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us;(vii) post or distribute any material on Our Website that violates the rights of any third party or applicable law;(viii) use Our Website to collect or store personal data about others;(ix) use Our Website for any commercial purpose; or(x) transmit any ad or promotional materials on Our WebsiteWe may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of Our Website.You further agree not to:● Circumvent, disable or otherwise interfere with security-related features of Our Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of Our Website or any content on the Website;● Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;● Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;● Provide false or deceptive information;● Solicit personal information from anyone;● Delete, add or otherwise change other people’s user content;● Remove or alter any copyright or other proprietary notices on or in connection with any content on the Website;● Publicly disparage anyone or any user content;● Publish or post threats of violence, or promote or encourage others to engage in violence or illegal activity.Please report abusive content to legal@simplybail.com if you see it.13. Additional Clauses for Simply Bail Users that are Businesses.The following paragraphs also apply if you are using Simply Bail as a representative (“Representative”) acting on behalf of a business, company or other legal entity ( “you” and “your” will refer and apply to that business, company or other legal entity).13.1 You accept these terms and conditions and you will be responsible for any act or omission of employees or third-party agents using Simply Bail and/or the Website on your behalf.13.2 You and your Representative individually affirm that you are authorized to provide the information described herein, and your Representative has the authority to bind you to these terms and conditions. We may require you to provide additional information or documentation demonstrating your Representative’s authority.13.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country, state and city in which your business is registered and that you are registering for Simply Bail; and (ii) you have all requisite right, power, and authority to enter into this Agreement, perform your obligations, and grant the rights, licenses, and authorizations in this Agreement.13.4 For any Payment Method linked to your Simply Bail account or used in your Inquiry process to one or more Bail Bond Agents, or on Our Website, you authorize Simply Bail (or its Third Party payment providers) to store the Payment Method as provided for herein, charge payments using the Payment Method for services associated with your Simply Bail account and take any other action as permitted in the terms and conditions.14. Termination, Suspension, and other Measures14.1 This Agreement will continue unless and until it is terminated, suspended or other measures are taken as described in this Section.14.2 You may terminate this Agreement at any time by sending us an email at removal@simplybail.com with specific direction to terminate and remove and deactivate your account/profile and secure dedicated link (*please note any and all approved and accepted Inquiries you have previously submitted to one or more Bail Bond Agents will still require your payment of total fees, cooperation and performance and your duty to fulfill your obligations).14.3 Without limiting our rights specified below, Simply Bail may terminate this Agreement for convenience at any time by giving you notice via email to your registered email address.14.4 Simply Bail may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Simply Bail believes in good faith that such action is reasonably necessary to protect Simply Bail, Simply Bail users, or third parties.14.5 In addition, Simply Bail may limit or temporarily or permanently suspend your use of or access to the Website (including one or more services) (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these terms and conditions, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding Payment Method, electronic form upload, data entry and electronic signature (iv) any amounts you owe under these payments term are overdue or in default, or (v) Simply Bail believes in good faith that such action is reasonably necessary to protect the personal safety or property of Simply Bail, Simply Bail users, or third parties, or to prevent fraud or other illegal activity.14.6 In case of non-material breaches and where appropriate, you may be given notice of any measure by Simply Bail and an opportunity to resolve the issue to Simply Bail’s reasonable satisfaction.14.7 If we take any of the measures described in this Section we may refund any Simply Bail user currently in the process of using our Website, and in such case such user may not be entitled to further use of the Website.14.8 If your access to or use of the Simply Bail has been limited or this Agreement has been terminated by Us, You may not attempt to access and use the Simply Bail services through another party.15. Notification of InfringersIf you believe any of the content on Our Website violates your copyright, please notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.In order for us to take action, you must do the following in your notice:(a) provide your physical or electronic signature;(b) identify the copyrighted work that you believe is being infringed;(c) identify the item that you think is infringing your work and include sufficient information, such as a URL or copy of the webpage showing the URL, so that we can find it;”(d) provide us with a way to contact you, such as your address, telephone number, or email;(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the services; and(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.Here is the contact information for our copyright agent:Legal Team, Copyright EnforcementSimply Bail LLC.P.O. Box 3186Santa Monica, CA. 90408legal@simplybail.comAgain, we cannot take action unless you give us all the required information.16. Warranty DisclaimerOur Website, all content and services (including those offered through third party payment, personal information upload, electronic form upload, data entry and electronic signature service providers), all contracts and forms requested or required by one or more Bail Bond Agents provided on Our Website, and all products and services from a Bail Bond Agent that you obtain through Our Website are provided on an "as is" and "as available" basis. The information provided regarding the services or products of any Bail Bond Agent (including but not limited to their ability to provide Bail Bond payment) is provided to us by Bail Bond Agents or is generated in an automated fashion; errors can and do happen. We usually have many search results, but we are not comprehensive and do not display all available Bail Bond Agent providers and Bail Bond offers. Accordingly, we do not always display the lowest available price. Simply Bail expressly disclaims—to the fullest extent permissible—all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. If you choose to use Simply Bail, you do so voluntarily and at your sole risk. Simply Bail explicitly disclaims all liability for any act or omission of any Bail Bond Agent or other third party. If we choose to conduct identity verification on any Bail Bond Agent, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by such Bail Bond Agent or guarantee that a Bail Bond Agent will not engage in misconduct in the future.17. Our Liability Is LimitedWe (together with our officers, directors, employees, representatives, shareholders, affiliates, parent corporations, and providers), to the extent permitted by law, hereby expressly disclaim any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment, phone, tablet, or other property as the result of your access to Our Website, your downloading of any content from Our Website or through third party service providers such as payment processors and electronic signature and document transfer providers, or your use of Bail Bond Agent services or products (including but not limited to any payment of Bail Bond) or (b) any injury; death; loss; damages, claim; act of god; accident; delay; or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including—without limitation—lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website (including services provided by third party service providers such as payment processors, personal information and materials upload, and electronic signature and document transfer providers), the services or products of any Bail Bond Agent (including but not limited to a Bail Bond payment) or our content; (ii) any failure or delay (including—without limitation—the use of or inability to use any component of this Website for search, inquiry, application, request, reservations, any services provided by third party service providers such as electronic signature, personal information and materials upload, and document transfer providers and Third Party payment processors, or securing services or products from any Bail Bond Agent (including but not limited to Bail Bond payment)); or (iii) the performance or nonperformance by us or any Bail Bond Agent (or any third party at the direction, request or on behalf of us or any Bail Bond Agent), even if we have been advised of the possibility of damages to such parties or any other party. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.18. You Agree to Protect UsSubject to these Terms, you will defend, indemnify and hold us, any parent corporation, subsidiary, affiliates, and successors in interest, and each of their respective officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website, the services or products of third party payment, electronic form upload, data entry and electronic signature service providers or any Bail Bond Agent (including but not limited to Bail Bond) or the Intellectual Property.19. Arbitration and WaiverYou agree that by accepting the Terms, you and Simply Bail are each waiving the right to trial by jury and the ability to participate in a class action. ANY AND ALL DISPUTES SIMPLY BAIL OR YOU HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH SIMPLY BAIL (INCLUDING—WITHOUT LIMITATION—WITH RESPECT TO DATA, YOUR INTERACTION WITH SIMPLY BAIL, SIMPLY BAIL’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES SIMPLY BAIL SENDS TO YOU, OR THE USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU), THESE TERMS OF USE, AND PRIVACY POLICY (COLLECTIVELY, “CLAIMS”) WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN LOS ANGELES, CALIFORNIA EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY SIMPLY BAIL INTELLECTUAL PROPERTY RIGHT. CLAIMS INCLUDE CLAIMS BASED ON CONTRACT, TORT (INCLUDING INTENTIONAL TORT), FRAUD, AGENCY, YOUR OR SIMPLY BAIL’S NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCE OF LAW.If you intend to seek arbitration, you must first send to Simply Bail, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Company must be sent to legal@simplybail.com. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and Simply Bail cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Unless you and Simply Bail agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST SIMPLY BAIL IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND SIMPLY BAIL FOR ANY AND ALL DISPUTES YOU OR SIMPLY BAIL HAS RELATING—IN ANY WAY—TO THE SERVICES OR YOUR RELATIONSHIP WITH SIMPLY BAIL.20. LinksOur Website may contain links to other websites that we do not operate or control and for which we are not responsible ("Other Websites"). We provide these links for your reference and convenience and do not endorse the contents of Other Websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to Our Website.21. Bail Bond RulesThe circumvention of any court/state/city/county/municipality/jail/prison/detention center’s laws, ordinances, rules or regulations including those governing bail bond agents (or any process related thereto, including but not limited to payments), is strictly prohibited.22. User ContentOur Website may contain reviews, testimonials, or other forums in which you can post content. If you use said interactive areas on Our Website, you are solely responsible for the information and other content, including without limitation, any reviews, text, images, personally identifiable information, photos, links, or videos that you upload, transmit, or share with us or others on or through Our Website (collectively, the "User Content"), and you represent and warrant that you are not transmitting or sharing User Content that you do not have permission to share. We do not guarantee any confidentiality with respect to the User Content and you understand that the User Content may be publicly displayed.By posting User Content to Our Website, you represent that: (i) you are the owner of the User Content; (ii) you have the right and license to use the User Content; (iii) no one else claims ownership of, or exclusive rights to, the User Content; and (iv) you have the legal right to grant a license to us to use the User Content.When you provide us with User Content, you own the content you create and share, and you also grant us a perpetual, transferable, irrevocable, sub-licensable, fully-paid, worldwide license to use, modify, reproduce, distribute, prepare derivative works of, publicly perform, and publicly display for any purpose (in any form and on all mediums now known or hereafter devised) all User Content or other content provided to us. We can use the User Content in any format, channel, platform, or region with the right to localize the content into other languages. If uploaded or submitted to us, you further give us permission and the right to use your name, image, likeness, or other personal attributes.You authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the User Content on Our Website. By providing us User Content, you represent and warrant that the User Content you provide will not violate or in any way infringe upon the rights of third parties, including property, contractual, employment, trade secrets, proprietary information, and nondisclosure rights, or any intellectual property rights. If User Content is removed from Our Website, the license that you have granted will remain in effect.You understand that we do not control the User Content and will not be, in any way, responsible or liable for such User Content.We take no responsibility for any User Content posted, stored, uploaded, distributed, transmitted or otherwise published by any User, including yours, on Our Website. We assume no liability for any loss or damage to User Content, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity User may encounter when viewing User Content. Although we have no obligation to screen, edit or monitor any User Content, we reserve the right, and have the sole and absolute discretion to remove, edit or screen, without notice, any such User Content from Our Website at any time and for any reason, including, but not limited to when we believe in good faith that such User Content is in breach of these Terms or otherwise believe the removal may be reasonably necessary to safeguard our rights or the rights of Users or to mitigate any risk of harm or liability to us or any User.Further, you expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish any User Content on Our Website that:is unlawful, harmful, inappropriate, false, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, promoting of harassment of a third party, threatening, in violation of privacy or publicity rights, abusive, inflammatory, offensive to the online community (such as, without limitation, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual), fraudulent or otherwise objectionable;would constitute, promote, encourage, provide instructions for, or enable conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any third party in any country of the world, or that would create liability or violate any local, state, national or international law, such as, without limitation, providing instructions or guides about attending or participating in illegal actives such as human trafficking or creating computer viruses;may infringe any patent, trademark, trade secret, copyright, proprietary right or any other intellectual property right of any party;constitutes mass mailings, “spamming,” junk mail, pyramid schemes, or chain letters;impersonates any person or entity or misrepresents your affiliation with any person or entity;is private information of any third party, including but not limited to, Social Security numbers, passwords, credit card numbers, addresses, email addresses, phone numbers, and any other information that enables a User to readily identify any third party;contains restricted or hidden content;includes or facilitates viruses, corrupt data or other harmful, destructive or disruptive files;is unrelated to the topic or intended use of the area on Our Website, in our sole discretion; orin our sole discretion, restricts any other person from using or enjoying Our Website.23. GeneralWe may change the site and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account, dedicated link, and your access to your account and dedicated link.Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced. One or more patents may apply to this site and to the features and services accessible via the site..If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Website, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Website.To the extent permitted by law, the laws of the State of California (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Website, including securing the services or products of one or more Bail Bond Agent (including but not limited to Bail Bond payment), or these Terms, or our services, you agree to file such action only in the state and federal courts located in Los Angeles, California (USA); if you are a consumer, the law may allow you to also bring proceedings in the courts for the place where you are domiciled. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with Our Website and/or these Terms, will be resolved individually, without resort to any form of class action.24. Your California Privacy RightsCalifornia Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to help@simplybail.com or write us:Simply Bail, LLC.Attn: Legal Team227 Sandy Springs Pl., Suite D, #477Sandy Springs, GA. 3032825. FeedbackWe encourage you to share your comments and questions with us help@simplybail.com, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Simply Bail products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Simply Bail. Furthermore, by submitting Feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.26. Legal noticesSimply Bail and the Simply Bail logo are trademarks of Simply Bail LLCLast updated: June 19, 2022