Your use of the Safefunds.com web site and service constitutes
your agreement without modification to all of the following
terms, conditions and notices. If you do not agree with
our Terms of Service, your sole remedy is to discontinue
your use of this web site and service.
Copyrights & trademarks
The contents of this site are the property of Safefunds.com, LLC (Safefunds.com)
and Jere V. Horwitz & Associates, Inc. unless otherwise
indicated, and protected by copyright and trademark
laws. Safefunds.com and Jere V. Horwitz & Associates,
Inc. reserve all rights and the content of the web
site may not be produced, downloaded, disseminated,
published, or transferred in any part whatsoever. The
trademarks, logos and service marks displayed on the
web site are the property of Safefunds.com and other
Availability of Services
The Services defined on this web site are available only
in the United States and other countries where permitted
by law. Services may not be available in all geographic
areas. All Services are subject to change without notice.
Services are not available to minors.
You agree that Safefunds.com is not a financial institution.
You agree that all business activity conducted by Safefunds.com
is transacted in the State of Indiana, United States of America.
You agree Safefunds.com is not a money transmission service
to be used to directly transfer funds between parties.
You agree the funds move between
Safefunds members as payments for bonafide goods and services
provided by sellers to buyers. You agree that Safefunds may require proof
and documentation to support the business purpose of any transaction.
You agree that Safefunds.com is your agent for negotiation,
funds allocation, remittance release, and dispute resolution
for transactions in which you participate using the Safefunds.com
web site. You agree that Safefunds is not the vendor
or buyer in any transaction. You agree that any necessary
information required by law to be gathered in a business
transaction will be exchanged directly between you and
your transaction partner and Safefunds.com is not a party
to the transaction.
Payment of Funds
Safefunds will follow accepted business procedures to
pay out eligible requested funds to service members.
A minimum of two full banking days must pass from the time
funds are received until they are eligible to be withdrawn
from Safefunds. Safefunds may require electronic funds withdrawal
based on amounts and account activity.
Safefunds reserves the right to perform reasonable due diligence
to verify activity before releasing funds and to verify the identity
of parties requesting funds.
Safefunds is NOT responsible for any delays in member
receipt of the funds for any reason including processing delays,
postal delivery, banking service
time, errors in transmission, or errors in information
provided to Safefunds by member. Safefunds sole responsibility
is to affect the transfer of member funds in a business like manner
using the information
provided by member. Safefunds has no responsibility to
verify the correctness of such information.Our orignating banks certification to us of
the delivery of funds will be accepted proof of delivery.You agree
to notify Safefunds.com in writing of any discrepancy
detected in a transfer of funds to you within 15 days
of your request for funds. Such notice MUST be in writing
and sent to Safefunds.com at 2250 W. 86th Street, Suite 250,
Indianapolis, IN, 46260, USA.
You agree that Safefunds.com is the final arbitrator
of any dispute arising between any buyer and seller conducting
a transaction using the Safefunds service. The decision
of Safefunds.com is binding on both parties to the transaction.
You agree to cooperate with Safefunds.com and their designated
representatives in resolving any such disputes. This
cooperation shall include, but not be limited to, providing
access to any goods referenced in a transaction or to
the site of any service performed in a transaction during
normal business hours, maintaining and providing Safefunds.com
any supporting records including advertisements for goods
and services, listings and original offers whether printed
or electronic, shipping documents, packing lists, packing
materials, and documents or agreements or proposals separate
from the electronic records of the Safefunds site. You
agree that Safefunds may resolve a dispute at their discretion
by paying the funds due to seller, less normal charges,
and refunding funds submitted by buyer; and taking title
and control of the goods delivered in the transaction.
No unlawful or prohibited use
As a condition of your use of this web site, you warrant
to Safefunds.com that you will not use this web site
or any information contained on the web site for any
purpose that is unlawful or prohibited by these Terms
of Service or in violation of any law of the United States
of America or the country from which you access this
web site and that you will not access this web site or
use materials or services available on this web site
from territories where such access or use is illegal.
Terms in a transaction calling for release of funds in
advance of services being performed or of goods being delivered
or verifiably shipped are prohibited and will not be enforced.
Links from other Internet sites
A link to the Safefunds.com website may be provided from
various advertisements, search engines, portals, or
other sites and/or email messages. It is the user's
responsibility to take precautions to ensure that material
selected from such sites is free of such items as viruses,
worms, Trojan horses and other items of a destructive
nature. Safefunds.com is not responsible for, and expressly
disclaims all liability for, damages of any kind arising
out of the use of such linked sites, or reference to
or reliance on information contained therein
Use of this web site and its contents are at the user's
sole risk. Safefunds.com assumes no responsibility for
consequences from the use of the information herein,
or in any respect for the content of such information,
including, but not limited to, delays, errors or omissions,
the accuracy or reasonableness of information, the defamatory
nature of statements, ownership of copyright or other
intellectual property rights, and the violation of property,
privacy or personal rights of others. Safefunds.com is
not responsible for, and expressly disclaims all liability
for, damages of any kind arising out of use, reference
or reliance on such information.
INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT WILL SAFEFUNDS.COM OR ITS SUBSIDIARIES,
AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES
BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE
USE OF OR THE INABILITY TO USE THE WEB SITE, SITE CONTENT
OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE,
LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEB SITE
OR ANY WEB SITE OPERATED BY ANY THIRD PARTY.
Safefunds.com reserves the right to change the Terms
of Service, change the fees charged, and modify the contents of
the web site without notice.
You agree that disputes arising out of or relating to
the contents or use of this web site are to be governed
by the laws of the State of Indiana, United States
of America. You consent to the exclusive jurisdiction
of courts sitting in the State of Indiana in all disputes
arising out of or relating to the contents or use of
this web site.
If any part of this agreement is determined to be unenforceable
by a court of competent jurisdiction, the unenforceable
portion will be modified by the court solely to the
extent necessary to cause such portion to be enforceable,
and the remainder of the agreement shall continue in
full force and effect.
This agreement constitutes the entire agreement between
you and Safefunds.com with respect to the use of this
web site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral
or written, between you and Safefunds.com with respect
to this web site. A printed version of this agreement
shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same
extent and subject to the same conditions as other business