Terms & Conditions

Effective Date: July 1, 2024

BY SUBMITTING A REQUEST WITH NEW LEAF ASSET RETRIEVAL A ARIZONA LIMITED LIABILITY COMPANY YOU (THE “CUSTOMER”) HEREBY CONFIRM AND ACKNOWLEDGE THAT YOU READ UNDERSTAND AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.

Fees & Billing

OUR TERMS OF BUSINESS are NET TEN (10) business days unless prior arrangements have been made. The ten (10) business days begin from the date New Leaf Asset Retrieval returns the emailed results and invoice to your office. There will be a ten (10) business days grace period. Invoices not paid within the ten (10) business days grace period are subject to a twenty-five dollar ($25) late fee. Every subsequent thirty (30) days will result in an additional twenty-five-dollar ($25) late fee. Invoices not paid within sixty (60) days will result in collections actions and the pursuit of legal remedies.

FEES QUOTED on the Request Form and Fee Schedule are “per policy researched” and will apply where a policy or a Self-Insurer fails to provide coverage for any reason (i.e. policy exclusions). A definitive confirmation that there is NO POLICY IN PLACE or there is NO COVERAGE ON THE DATE OF LOSS is considered a successful search. ONLY AN INCONCLUSIVE RESULT OR A NO-HIT will result in ‘No-Fee.’

EXCEPTIONS TO THE FEE SCHEDULE may apply in cases involving lengthy research due to the age of the case. In these situations we will outline any additional charges that will apply and seek your approval in writing before we commence the work.

Process

SEARCHES ARE PERFORMED under Defendant’s name(s) only. Policies found may or may not cover the target vehicle or property owned/operated by the Defendant. The client will be invoiced in accordance with the Fee Schedule.

TURNAROUND time for our research is approximately 5-7 business days. However we do offer several expedited services. All results will be emailed to the client immediately upon completion of our research with an applicable invoice.

Disclaimer

New Leaf Asset Retrieval LLC uses reasonable care to obtain accurate and up-to-date information from sources considered reliable. It is believed that all information provided is accurate however New Leaf Asset Retrieval makes no warranty or guarantee either expressed or implied that the information provided herein is correct since the information has been obtained from supplementary sources. You should not make a decision to proceed based solely upon the information provided herein but should also use reasonable care and utilize other sources of information that is available to you in order to make your decision as to how to proceed. All services are provided on an as-is and as-available basis. Therefore New Leaf Asset Retrieval and its partners employees agents affiliates and contractors make no representations undertake no duties and assume no responsibility for the accuracy or completeness of forms reports or other information provided to Customer nor any errors or omissions contained therein. New Leaf Asset Retrieval disclaims all warranties and duties of any kind whether implied express or statutory including but not limited to any implied warranties of merchantability or fitness for a specific purpose duties of workman-like effort or negligence. New Leaf Asset Retrieval reports and provided information shall be used at Customer’s own risk. The customer is responsible for implementing sufficient procedures to satisfy Customer’s requirements for accuracy and completeness of information prior to acting in reliance on such information. Customer’s sole remedy for any claim related to this contract against New Leaf Asset Retrieval (or any of its partners employees agents or contractors) shall be a refund of the amount paid for the particular service that caused Customer any damages even if such damages resulted from reasonable reliance on information New Leaf Asset Retrieval provided to Customer. The customer also agrees that the damage exclusions and this limitation of liability shall apply despite any failure of an applicable remedy essential purpose.

No Incidental or Consequential Damages

CUSTOMER AGREES to the fullest extent allowed by applicable law that New Leaf Asset Retrieval nor any of its partners, affiliates, agents, employees, or contractors will be liable to Customer and/or any other person or entity for general, special, incidental, consequential, indirect, or punitive damages of any kind, including but not limited to damages resulting from reliance, goodwill, malpractice, or profits, whether or not New Leaf Asset Retrieval has been advised of the possibility or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise arising out of the use of New Leaf Asset Retrieval’ information and services.

Indemnification

CUSTOMER AGREES to indemnify and hold New Leaf Asset Retrieval harmless from and against all claims (including legal and attorneys’ fees) arising out of or relating to (a) Customer’s breach of any terms of this agreement, (b) Customer’s improper use of New Leaf Asset Retrieval to violate the laws and regulations of any relevant jurisdiction, and (c) claims resulting from Customer’s inaccurate information as well as any action taken from results based on such information.

Governing Law

THIS AGREEMENT shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. Should a dispute arise, Customer and New Leaf Asset Retrieval agree to submit to the personal and exclusive jurisdiction of the courts located within Arizona.

Affirmations and Declarations

CUSTOMER AGREES to utilize New Leaf Asset Retrieval only for lawful purposes in all applicable jurisdictions. Customer agrees that to the best of Customer’s ability, Customer will (a) request all information required at the time the initial request is submitted and (b) provide accurate, current, and complete information about the individual(s) or companies to be searched. The customer acknowledges that if any information provided to New Leaf Asset Retrieval is inaccurate at any point in time or is otherwise incomplete or not up to date, the Customer agrees that New Leaf Asset Retrieval will not in any way be held responsible for inaccurate reports or information given to Customer or Customer’s associated reliance or damages related to such information. Further, Customer acknowledges that information provided by New Leaf Asset Retrieval is collected from third-party research agency data and thus may be inaccurate, out of date, contain errors or omissions, or otherwise be incorrect.