I UNDERSTAND THAT THE SAFE HARBOR ASSOCIATES, LLC’S REVIEW OF MY ANSWERS ON ANY DOCUMENTATION IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. I WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING IT AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, I WILL HOLD SAFE HARBOR ASSOCIATES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF SAFE HARBOR ASSOCIATES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF SAFE HARBOR ASSOCIATES, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
Third Party Services. If I purchased a product that involves third party services, I understand that I may be required to accept additional terms located on the third party’s site. The third party may contact me by email and/or phone with instructions on how to access my benefits.
Future Products and Services. If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
Exchanges. I understand that I may request an exchange of one product for a different product and complete a replacement order within 60 days of my purchase. The purchase price of the original item, less any filing fees, taxes or other third-party costs, will be credited to my SAFE HARBOR ASSOCIATES account. Any price difference between the original order and the replacement order or, if a replacement order is not completed within 60 days of purchase, the full original purchase price (in each case less any filing fees, taxes or other third-party costs) will be credited to my original form of payment. If I paid for my original order by check, I understand that SAFE HARBOR ASSOCIATES will mail a check for the applicable amount to my billing address.
Suspended Accounts. If SAFE HARBOR ASSOCIATES encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that SAFE HARBOR ASSOCIATES, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that SAFE HARBOR ASSOCIATES disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside SAFE HARBOR ASSOCIATES, including me or any authorized contact, until the investigation is complete. Additionally, I understand that SAFE HARBOR ASSOCIATES, in its sole discretion, may decide not to send any documents associated with my account to me or file any such documents with any government authority, while my account is disabled. I acknowledge that SAFE HARBOR ASSOCIATES will not be liable for any delays caused by these policies and procedures.
13. DISPUTE RESOLUTION BY BINDING ARBITRATION.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Center at (888) 674-5952. In the unlikely event that the SAFE HARBOR ASSOCIATES Customer Care Center is unable to resolve your complaint to your satisfaction (or if SAFE HARBOR ASSOCIATES has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, SAFE HARBOR ASSOCIATES will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney’s fees from SAFE HARBOR ASSOCIATES to the same extent or more as you would in court.
Under certain circumstances (as explained below), SAFE HARBOR ASSOCIATES will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorney’s fees if the arbitrator awards you an amount greater than what SAFE HARBOR ASSOCIATES offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
(a) SAFE HARBOR ASSOCIATES and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “SAFE HARBOR ASSOCIATES,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and SAFE HARBOR ASSOCIATES are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to SAFE HARBOR ASSOCIATES should be addressed to: Notice of Dispute, SAFE HARBOR ASSOCIATES, LLC, 1101 W. Newton, Versailles, MO 65084 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If SAFE HARBOR ASSOCIATES and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or SAFE HARBOR ASSOCIATES may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by SAFE HARBOR ASSOCIATES or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SAFE HARBOR ASSOCIATES is entitled.
(a) Qualification. The SAFE HARBOR ASSOCIATES Installment Plan (the “Installment Plan”) is available as a purchase option for certain SAFE HARBOR ASSOCIATES products priced at $200 or more.
(b) Billing. By opting into the Installment Plan, I am agreeing to make an initial payment (the “Initial Installment Payment”) immediately when I place my order or change my payment plan. I hereby authorize SAFE HARBOR ASSOCIATES to charge my credit card for additional installments on approximately, but not before, the first and second month anniversaries (each an “Installment Billing Date”) of the Initial Installment Payment. If my purchase date is on the 29th through 31st day of any month, an Installment Billing Date for months with fewer days will fall on the last day of the month. Each payment will be of the same amount, except that if the total purchase price does not divide evenly into three parts, my final installment payment will include all outstanding amounts. I understand that I may pay my outstanding balance at any time without incurring additional charges.
(c) Default. If my credit card is declined, I agree that SAFE HARBOR ASSOCIATES may make up to five attempts to bill that card over a 30 day period. If I remain in default on the second payment when the third payment is due, I authorize SAFE HARBOR ASSOCIATES to charge both the second and third payment amounts to my credit card. If three attempts to charge my card are unsuccessful and my account balance remains unpaid, I understand that SAFE HARBOR ASSOCIATES may report information about my account to credit bureaus, and that late payments, missed payments, and other defaults may be reflected in my credit report. I understand that SAFE HARBOR ASSOCIATES may restrict my ability to purchase other SAFE HARBOR ASSOCIATES products if I am delinquent on any payment. I understand that SAFE HARBOR ASSOCIATES may make efforts to collect a delinquent payment. I understand that if I believe SAFE HARBOR ASSOCIATES has reported inaccurate information to a consumer reporting agency, I may call the SAFE HARBOR ASSOCIATES Customer Care Center at (888) 674-5952 and SAFE HARBOR ASSOCIATES will investigate the matter. I understand that SAFE HARBOR ASSOCIATES may accept late or partial payments, as well as payments that reflect “paid in full” or other restrictive endorsements, without limiting any of its rights under these Terms of Service.
(e) Notice of Automatic Billing. SAFE HARBOR ASSOCIATES may send a reminder email to the email address of record for my account before my Installment Billing Dates. I acknowledge and agree that this notice is provided as a courtesy only, and SAFE HARBOR ASSOCIATES is not obligated or required to provide such notice. I acknowledge and agree that (i) my failure to read, (ii) my inability to receive, or (iii) the failure of SAFE HARBOR ASSOCIATES to send the email does not create any liability on the part of SAFE HARBOR ASSOCIATES or any third-party service provider.
(f) Disputed Charges. I understand that if I dispute a charge to my credit card, I should call the SAFE HARBOR ASSOCIATES Customer Care Center immediately at (888) 674-5952 and SAFE HARBOR ASSOCIATES will investigate the matter.
(g) Account Information. I agree to notify SAFE HARBOR ASSOCIATES immediately of any changes to my credit card number, its expiration date, and/or my billing address, or if my credit card expires or is cancelled for any reason. I understand that if my failure to provide SAFE HARBOR ASSOCIATES with accurate, complete, and current information results in delinquent payments, SAFE HARBOR ASSOCIATES may restrict my ability to purchase other SAFE HARBOR ASSOCIATES products, report information about this delinquency to credit bureaus, and/or pursue further collection efforts.
(h) Subscription Products. For subscription products offering the Installment Plan, SAFE HARBOR ASSOCIATES reserves the right to terminate access to subscription benefits 31 days after a missed installment payment.
Delivery. I understand that SAFE HARBOR ASSOCIATES uses a variety of methods to deliver finished products. For products delivered via physical shipment, I understand that SAFE HARBOR ASSOCIATES uses a variety of carriers for each shipping option and will choose a delivery method for the shipping option and address I designate. If I select overnight delivery or two-day delivery, I agree that SAFE HARBOR ASSOCIATES may use air or ground shipping as necessary to get my items to me within the promised time frame. The shipping fee indicated does not necessarily represent the actual amount paid by SAFE HARBOR ASSOCIATES to the carrier chosen for the delivery of my order. It may include, in addition to the fees paid to the carrier, SAFE HARBOR ASSOCIATES or third party handling and processing fees. For products delivered electronically, I understand that I will be notified via email when my product is complete and available for download. I understand that I may access my product by logging in to My Account.
21. Access to World Wide Web; Internet Delays. To use SAFE HARBOR ASSOCIATES services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain SAFE HARBOR ASSOCIATES services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that SAFE HARBOR ASSOCIATES is not responsible for delays, delivery failures, or other damage resulting from such problems.
22. Force Majeure. SAFE HARBOR ASSOCIATES shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, SAFE HARBOR ASSOCIATES may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
23. Right to refuse. I acknowledge that SAFE HARBOR ASSOCIATES reserves the right to refuse service to anyone.
24. I acknowledge that SAFE HARBOR ASSOCIATES is not a registered or bonded legal document assistant under Missouri Business and Profession Code, sections 6400 et seq. SAFE-HARBOR-ASSOCIATES.com, Inc. is located at 1101 W. Newton, Versailles, MO 65084.
25. I acknowledge that I have had the opportunity to view sample templates of SAFE HARBOR ASSOCIATES documents and may call SAFE HARBOR ASSOCIATES Customer Care at (888) 674-5952 with questions or for assistance locating sample templates.
26. I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with my purchase, I agree to these Terms of Service.
Updated July 24, 2015