Terms and Conditions for Safe Haven Security Services, LLC’s PartnerStack Users
Last updated May 10, 2023
Safe Haven Security Services, LLC (“Safe Haven”) provides certain individuals and business partners with access to a partner management platform provided by PartnerStack, Inc. (“PartnerStack”). This document sets forth the Terms and Conditions (“Terms”) that govern Your legal rights to access or use Safe Haven’s PartnerStack platform (the “Platform”).
Please read these Terms carefully. These Terms create a legal agreement between You and any entity You represent (collectively, “You”). By accessing or using the Platform, You acknowledge that You have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If You do not agree to these Terms, do not access, use, or create an account on the Platform. Safe Haven reserves the right to revise these Terms at any time. If You violate any of these Terms, Your permission to use the Platform automatically terminates.
YOU AGREE TO THE LIMITATION OF LIABILITY AND WARRANTY PROVISIONS DESCRIBED IN SECTION 5 AND TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 6 TO RESOLVE ANY DISPUTES WITH SAFE HAVEN.
- Referral of Leads. Safe Haven has contracted with a third-party business partner (the “Business Partner”) through which You will be able to refer customers or potential customers (“Leads”) to Safe Haven. Under Safe Haven’s agreement with the Business Partner, You may be eligible to receive certain referral commissions (“Commissions”) for Your Leads who make a purchase from Safe Haven after being referred to Safe Haven by You. For any Lead You refer to Safe Haven, You must ensure that:
- The Lead is interested in making a purchase from Safe Haven;
- The Lead has provided the necessary authorization to allow Safe Haven to contact the Lead regarding the potential purchase from Safe Haven, and You have maintained evidence of such authorization;
- The Lead is the owner of the property for which the purchase will be made; and
- The Lead’s property address is within Safe Haven’s installation coverage area.
- Payment of Commissions.
- In order to receive any Commissions, You must create an account on the Platform and complete any other necessary steps to enroll with and receive payments on the Platform (e.g., by providing direct deposit or other information necessary to receive payments). As noted in Section 7.b, below, Your use of the Platform is subject to PartnerStack’s Terms of Service, and You may be subject to additional requirements and/or fees in order to receive or withdraw payments.
- Safe Haven will pay Commissions to You via the Platform only after: (i) the Lead completes a purchase from Safe Haven; (ii) the Lead has not canceled such purchase within the period when the Lead would be eligible to do so under applicable law; and (iii) Safe Haven has received all necessary payments resulting from the Lead’s purchase. The specific amounts, conditions, and timing for these Commissions are controlled by Business Partner’s agreement with Safe Haven. Please contact the Business Partner for further details.
- Compliance with Laws. You agree that You will, at all times, comply with: (i) all applicable federal, state, and local laws, rules, regulations, and orders that relate to consumer protection, unfair competition, electronic and internet marketing, commercial electronic messages, telemarketing, outbound telephone solicitations, advertising, privacy, data security, and intellectual property rights, including but not limited to the Telephone Consumer Protection Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission’s Telemarketing Sales Rules, the CAN-SPAM Act of 2003, the Lanham Act, and the Copyright Act of 1976 (collectively, “Applicable Laws”); and (ii) any policies communicated to You in writing by Safe Haven (“Applicable Policies”). You are solely responsible for Your compliance with all Applicable Laws and Applicable Policies relating to these Terms.
- Consent to Be Contacted by Safe Haven. By agreeing to these Terms and creating an account on the Platform, You agree to be contacted via telephone, text message, or email by Safe Haven Security Services, LLC or its affiliates, even if You are on a Do Not Call, Do Not Text, or Do Not Email list. In addition, You consent to receive text messages or to be called back by Safe Haven or its affiliates at the phone number You provide when creating Your account on the Platform, including cellular. These telephone calls and text messages may be generated from an automated phone dialing system. Standard message and data rates may apply to text messages. You may opt out of receiving further text messages at any time. You are not required to provide this consent to make any purchase from Safe Haven.
- Limitation of Liability and Warranty
- LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. EXCEPT AS LIMITED BY LAW, AND DUE TO THE DIFFICULTY OF DETERMINING ANY ACTUAL DAMAGES, SAFE HAVEN’S LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, OR DEFECTS SHALL NOT EXCEED THE AMOUNT(S) PAID TO YOU VIA THE PLATFORM. THIS AGREED-UPON AMOUNT IS NOT A PENALTY. RATHER, IT IS YOUR SOLE AND EXCLUSIVE REMEDY.
- SAFE HAVEN SHALL NOT BE LIABLE FOR ANY MISTAKE, OMISSION, INTERRUPTION, OR DEFECT CAUSED BY THE NEGLIGENCE OR WILLFUL ACT OF ANY PARTY OTHER THAN SAFE HAVEN, OR WHEN CAUSED BY ACTS OF GOD, FIRE, WAR, RIOTS, GOVERNMENT AUTHORITIES, OR OTHER CAUSES BEYOND SAFE HAVEN’S CONTROL, INCLUDING WITHOUT LIMITATION DEFECT IN OR FAILURE OF EQUIPMENT PROVIDED BY ANY PARTY OTHER THAN SAFE HAVEN.
- UNDER NO CIRCUMSTANCES WILL YOU ATTEMPT TO HOLD SAFE HAVEN LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY.
- YOU AGREE THAT ANY DUTIES OWED TO ME BY SAFE HAVEN ARE SET FORTH EXCLUSIVELY IN THESE TERMS. THEREFORE, YOU EXPRESSLY WAIVE ANY CLAIMS OR DEFENSES BASED ON TORTIOUS CONDUCT, INCLUDING WILLFUL OR INTENTIONAL TORTS.
- NO WARRANTY. EXCEPT AS REQUIRED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SAFE HAVEN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
- Arbitration Agreement
- SAFE HAVEN AND YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN THEM SHALL BE GOVERNED BY THIS BINDING ARBITRATION AGREEMENT. Arbitration is a dispute-resolution process that does not involve a judge or jury. Instead, Disputes are decided by a neutral third-party arbitrator in a process that is less formal than court. As used herein, the term “Dispute” means any claim or controversy, including, but not limited to, initial claims, counterclaims, cross-claims, and third-party claims, whether based on contract; tort; fraud; intentional acts; violations of any statute, code or regulation; or other legal theory. The term “Dispute” shall be given the broadest possible meaning and will apply to, without limitation, all claims and controversies arising from this Arbitration Agreement; Your use of the Platform; sales activities; goods and services; advertisements, promotions, and other statements; billing and collection practices; privacy; and any other dispute arising from Your interaction or relationship with Safe Haven. Safe Haven agrees not to elect arbitration if You file a Dispute in a small claims court in Your state of residency so long as the Dispute is individual and non-representative in nature and remains exclusively as such in small claims court.
- Pre-Arbitration Notice Requirement. Before initiating an arbitration or a small claims matter, Safe Haven and You agree to first provide to the other a written “Notice of Dispute” that will contain: (a) a written description of the issue and the supporting documents and information, and (b) a specific request for money or other relief. A Notice of Dispute to Safe Haven should be sent to Safe Haven Security Services, LLC, Attn: General Counsel, 520 E 19th Ave., North Kansas City, MO 64116, or as You may otherwise be directed by Safe Haven or its assignee. Safe Haven will mail a Notice of Dispute to Your residential address. Safe Haven and You agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action.
- Initiation of Arbitration Proceeding. If either party elects to arbitrate a Dispute, the Dispute shall be resolved by arbitration pursuant to this Arbitration Agreement and the then-current code of proceedings of the American Arbitration Association (“AAA”). To obtain a copy of the procedures, or to file a Dispute, You may contact AAA at 335 Madison Avenue, New York, NY 10017, adr.org.
- IF EITHER PARTY ELECTS TO ARBITRATE A DISPUTE, SAFE HAVEN AND YOU WAIVE THE RIGHT TO A JURY TRIAL AND TO OTHERWISE LITIGATE THE DISPUTE IN COURT. BY AGREEING TO ARBITRATE, THE PARTIES MAY ALSO WAIVE OTHER RIGHTS THAT WOULD OTHERWISE BE AVAILABLE IN COURT. FURTHER, IF EITHER PARTY ELECTS TO ARBITRATE A DISPUTE, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR TO PARTICIPATE AS A MEMBER OF ANY CLASS ACTION RELATING TO THE DISPUTE. This means that all Disputes selected for arbitration will be arbitrated on an individual basis, between Safe Haven and You only, without exception. A Dispute cannot be joined or consolidated with any other claim or action.
- Arbitration Proceedings. Because Your transaction(s) with Safe Haven involves interstate commerce, this Arbitration Agreement and any Dispute arbitrated hereunder shall be governed by the Federal Arbitration Act (“FAA”). The AAA Code of Procedures will govern the arbitration, but if there is a conflict between the AAA Code of Procedures and this Arbitration Agreement, this Arbitration Agreement shall control to the fullest extent permitted by the FAA. Unless otherwise agreed to by the parties, the arbitration will be conducted by a single, neutral arbitrator at a location within the federal judicial district in which You reside. Upon Your request, Safe Haven will reimburse You for all filing and administrative fees required for initiating the arbitration. Otherwise, each party is responsible for its own respective costs and fees, including, but not limited to, attorney and expert fees. The arbitrator shall apply applicable substantive law and, upon the request of either party, issue a written explanation of the basis for the decision. Judgment on the arbitration award may be entered in any court having proper jurisdiction. EXCEPT AS FOLLOWS, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. A party may appeal the arbitrator’s initial award to a three-arbitrator panel administered by the AAA upon written notice within 30 days of the initial award. The AAA will notify the other party of the appeal. The panel shall consider any aspect of the initial award objected to by the appealing party and issue a decision within 120 days of the date of the notice of appeal. The majority decision by the three-member panel shall be final and binding. Any dispute regarding the applicability, enforcement, or interpretation of Section 5 above or Section 6, shall be resolved by a court having proper jurisdiction. This Arbitration Agreement will not prevent You from bringing a Dispute to the attention of any federal, state, or local government agency. This Arbitration Agreement shall survive the termination of Your use of the Platform.
- Governing Law. These Terms shall be governed by and construed in accordance with the laws of the state of Missouri without regard to conflict of laws provisions.
- PartnerStack Terms. Your use of the Platform will be governed by PartnerStack’s Terms of Service, available at https://partnerstack.com/policies#terms-of-service. Your acceptance of PartnerStack’s Terms of Service may create an agreement between You and PartnerStack and not with Safe Haven. Safe Haven does not warrant or accept any liability or obligation to You with respect to PartnerStack’s Terms of Service. Nothing in these Terms shall be construed to supersede or modify PartnerStack’s Terms of Service.
- Other Third-Party Terms. Your use of the Platform may also involve websites, software, or services provided by third parties. The use of any third-party software or services is governed by the third-party provider and not Safe Haven. Your acceptance of any such terms may create an agreement between You and the third party and not with Safe Haven. Safe Haven does not warrant or accept any liability or obligation to You with respect to third-party software and services. You may request a copy of any agreement with a third party from that third party.
- Changes to Terms and Assignment. Safe Haven may, from time to time, change these Terms. Such revisions shall be effective immediately; provided, however, for existing Subscribers, such revisions shall, unless otherwise stated, be effective 30 days after posting. Safe Haven may assign its agreement with You to any affiliated company or to any entity that succeeds to all or substantially all of Safe Haven’s business or assets related to the applicable Safe Haven service.
- Survival. If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
- Communication Preferences. Safe Haven will send You information relating to Your use of the Platform (e.g., notices or information about Commissions) in electronic form only, for example via messages posted to the Platform or emails to Your email address provided during enrollment. You agree that any notices, agreements, disclosures, or other communications that Safe Haven sends to You electronically will satisfy any legal communication requirements, including that such communications be in writing.