Terms and Conditions for Safe Haven Subscriptions
Last updated September 13, 2022
Safe Haven Security Services, LLC (“Safe Haven”) provides customers with access to various smart home systems and interfaces (the “Services”). This document sets forth the Terms and Conditions (“Terms”) that govern your legal rights to access or use the Services. Please read this page carefully. By accessing or using the Services, 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 or use the Services. Safe Haven reserves the right to revise these Terms at any time. If you violate any of these Terms, your permission to use the Services automatically terminates.
YOU AGREE TO THE LIMITATION OF LIABILTY AND WARRANTY PROVISIONS DESCRIBED IN SECTION 4 AND TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 5 TO RESOLVE ANY DISPUTES WITH SAFE HAVEN.
1. Subscription for the Services
- Subscription Fee. To use the Services, you must pay Safe Haven a monthly fee (the “Subscription Fee”) as indicated on your monthly invoice.
- Automatic Renewal. Your Subscription to use the Services will continue and automatically renew on a monthly basis until cancelled by you. You must cancel your subscription before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see “Cancellation” below).
- Additional Trip Fee for Service Calls. In addition to the Services included in your Subscription, in the event you require additional on-site support or assistance with your Services, you agree to pay Safe Haven a fee of $85.00 per visit (the “Trip Fee”). The Trip Fee will be charged to you at the time of service or, if not paid by you at the time of service, may be added to your monthly invoice and paid by you as described in Section 2.
2. Billing and Payment
- Billing Cycle. The Subscription Fee for the Services and any other charges you may incur in connection with your use of the Service, such as Trip Fees, taxes, and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on your monthly invoice.
- Payment Methods. To use the Services, you must provide one or more Payment Methods. A “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You authorize Safe Haven to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
- Updating your Payment Methods. You can update your Payment Methods by logging into your account at https://subscriptions.zoho.com/portal/safehavensecurity/login or by calling Safe Haven’s Accounts Receivables department at (816) 708-4358. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
- Changes to the Price and Subscription Plans. Safe Haven reserves the right to change the Subscription Fee or adjust pricing for the Services or any components thereof in any manner and at any time as Safe Haven may determine in its sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
- Failure to Make Payment. If you fail to make any payment when due, Safe Haven may terminate your Subscription and/or stop providing the Services without notice. In addition to these remedies, Safe Haven does not waive and expressly retains the right to exercise any other legal remedy, including the right to charge you a late fee at the highest legal rate for each month that a payment is not received and/or interest on the unpaid amount, and the right to report you to one or more consumer reporting agencies if you become delinquent on your account (more than 90 days without a payment).
- Cancellation. You can cancel your Subscription for Services at any time, and you will continue to have access to the Services through the end of your billing period. To cancel your Subscription, please call (816) 708-4358. If you cancel your Subscription, your account will automatically close at the end of your current billing period.
- No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the Services through the end of your current billing period. At any time, and for any reason, Safe Haven may provide a refund, discount, or other consideration to some or all of our Subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are made at Safe Haven’s sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate Safe Haven to provide credits in the future, under any circumstance.
4. 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 IN YOUR SERVICES OR TRANSMISSION OF YOUR SERVICES SHALL NOT EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR YOUR SERVICES OR $250.00. 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 IN YOUR SERVICE 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, SERVICES AND ARE 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 SERVICES 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.
5. 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 in 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; 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, www.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 Paragraph 4 above or this Paragraph 5, 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 termination of your Subscription.
- 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.
- Customer Service and Service Calls. If you require any additional support or assistance with your Services, you may contact Safe Haven by calling (844) 413-1920 between 8 AM–5:30 PM Central Time, Monday–Friday or by emailing [email protected]. As noted in Paragraph 1(c), you will be charged a Trip Fee for any on-site support or assistance with your Services.
- 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 account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures, or other communications that Safe Haven send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.