Effective Date: November 13, 2017
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY. These provisions form an essential basis of our bargain.
If you do not agree to these terms and conditions, you are not authorized to access or use the Site and you are to cease accessing or otherwise using the Site.
A. Terms Applicable to Financial Institution Affiliate Inquiry Services
Safe Harbor enables cannabis related businesses (CRB) to search for financial products, and is required to be licensed as a Financial Institution Affiliate. Safe Harbor DOES NOT make loans or credit decisions regarding any application, nor does Safe Harbor issue commitments or lock-in agreements. Safe Harbor’s services are only administrative. Any inquiry you submit is an inquiry to be matched with a Financial Institution Affiliate to receive financial offers. You may have to complete a supplemental application with the Financial Institution Affiliate you choose before they will extend an unconditional offer. A Financial Institution Affiliate you select may require you to pay an application or other fee to cover the costs of an appraisal, credit report or other items. The Financial Institution Affiliate, not Safe Harbor, will determine the amount of any such fee and should provide information to you regarding the refundability of any such fee. Safe Harbor does not endorse or recommend the products of any particular Financial Institution Affiliate. Except as otherwise provided for your state, Safe Harbor is not an acting as your agent or as the agent of any Financial Institution Affiliate. You should rely on your own judgment in deciding which available product, terms and Financial Institution Affiliate best suits your needs and financial situation.
The Financial Institution Affiliate is solely responsible for its services to you, and you agree that Safe Harbor shall not be liable for any damages or costs arising out of or in any way connected with your use of its Services. You understand that Financial Institution Affiliates may keep your financial information and any other information provided by Safe Harbor Services, LLC or received by them in the processing of your request, whether or not you are qualified for a financial product with them or if you make a loan with them. You agree to notify any particular Financial Institution Affiliate directly if you no longer want to receive communications from them.
Safe Harbor does not guarantee acceptance into any particular financial program or specific terms or conditions with any Financial Institution Affiliate; approval standards are established and maintained solely by individual Financial Institution Affiliates. Likewise, Safe Harbor does not guarantee that the terms or rates offered and made available by Financial Institution Affiliates are the best terms or lowest rates available in the market. Safe Harbor’s network of Financial Institution Affiliates does not represent all potential Financial Institution Affiliates offering CRB financial products. A Financial Institution Affiliate’s offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Financial Institution Affiliates may be higher or lower depending on your complete application profile, collateral considerations including but not limited to equity and value and income/asset consideration including, but not limited to loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Financial Institution Affiliates may not offer all products in all states.
Safe Harbor will perform a soft pull of credit regardless if you provide your SSN or not. In order to help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Safe Harbor and its Financial Institution Affiliates may obtain, verify and record information that identifies each person who opens an account with them. Safe Harbor and its Financial Institution Affiliates may ask for your name, Social Security Number, address, telephone number, date of birth and other important information including, but not limited to information received from your credit file, that will allow us and them to properly identify you. Not all Financial Institution Affiliates will receive your Social Security Number and, for those that do, not all will perform the soft inquiry of credit. During the Financial Institution Affiliate application process, they may also ask to see your driver’s license or other identifying documentation to further properly identify you, as further described in the application process.
When you complete an application form online, by clicking on any button indicating an acceptance, acknowledgement or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission.
You are also indicating that you are consenting, acknowledging and agreeing to receive important notices, disclosures and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet). You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. In addition, you acknowledge that Safe Harbor, and one or more of its Financial Institution Affiliates with whom you are matched, may access your credit file even if your Social Security Number is not provided (via a soft inquiry of credit) to perform its anti-money laundering due diligence and/or for other reasons in compliance with other regulations. By submitting the application online you are in effect providing your electronic signature.
You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Safe Harbor Customer Service at 303-431-3434 or by emailing email@example.com.
COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES
All contents of the Site are: Copyright © 2017 Safe Harbor Services, LLC and/or its suppliers or Financial Institution Affiliates, 9227 E. Lincoln Avenue, Suite 200 #104, Lone Tree, CO 80124
Safe Harbor for Business is a registered trademark of Safe Harbor Services, LLC. Other product and company names mentioned herein, including the names of Financial Institution Affiliates, may be the trademarks of their respective owners.
Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Site, without the prior written permission of the Safe Harbor or the applicable Mark holder specific for each such use. The Marks may not be used to disparage Safe Harbor, the Financial Institution Affiliates, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Safe Harbor in writing.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. Safe Harbor owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Safe Harbor and the copyright owner. Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
DISCLAIMERS AND LIABILITY
Safe Harbor intends that the information contained in the Site be accurate and reliable; however, errors sometimes occur. The information is provided as a service to the general public over the age of eighteen and is subject to change without prior notice. In addition, changes and improvements to the information provided herein and are provided “as-is” without warranty of any kind, implied, expressed or otherwise. Under no circumstances will Safe Harbor be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site.
THE SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS”. SAFE HARBOR AND/OR ITS SUPPLIERS AND FINANCIAL INSTITUTION AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE SITE AND/OR SAFE HARBOR’S SERVICES IS AT YOUR OWN RISK. SAFE HARBOR AND/OR ITS SUPPLIERS AND FINANCIAL INSTITUTION AFFILIATES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE SITE AND/OR SAFE HARBOR’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SAFE HARBOR RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SAFE HARBOR AND/OR ITS SUPPLIERS AND FINANCIAL INSTITUTION AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY
Safe Harbor and Financial Institution Affiliates may choose to electronically deliver all information related to their respective services and your requests. Safe Harbor and Financial Institution Affiliates’ electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law.
You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with Safe Harbor and Financial Institution Affiliates. This means that Safe Harbor and Financial Institution Affiliates may communicate with you by sending a message to the email address you provided or at another address that may be associated with you. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically.
As a condition of use of the Site and/or Safe Harbor’s services, you agree to indemnify Safe Harbor and its suppliers and Financial Institution Affiliates from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Site, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
LIMITATION ON DAMAGES
In no event will Safe Harbor have any liability to you in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.
LINKS TO THIRD PARTY SITE
The Site may contain links to Site maintained by third parties. Such links are provided for your convenience and reference only. Safe Harbor does not operate or control in any respect any information, software, products or services available on such Site. Safe Harbor’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the Site please note that Safe Harbor is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.
ERRORS AND DELAYS
Safe Harbor is not responsible for any errors or delays in responding to a request or application form caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND SAFE HARBOR WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Safe Harbor’s Site and Services, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Safe Harbor, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Denver, Colorado.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.