New Day Financial Solutions LLC Online Terms and Conditions
Last updated: August 2017.
AGREEMENT BETWEEN USER AND NEW DAY FINANCIAL
The New Day Financial Solutions LLC Web Site is comprised of various Web pages operated by New Day Financial Solutions LLC(New Day Financial).
The New Day Financial Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the New Day Financial Web Site constitutes your agreement to all such terms, conditions, and notices.
New Day Financial reserves the right to change the terms, conditions, and notices under which the New Day Financial Web Site is offered, including but not limited to the charges associated with the use of the New Day Financial Web Site.
LINKS TO THIRD PARTY SITES
The New Day Financial Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of New Day Financial and New Day Financial is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. New Day Financial is not responsible for webcasting or any other form of transmission received from any Linked Site. New Day Financial is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by New Day Financial of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the New Day Financial Web Site, you warrant to New Day Financial that you will not use the New Day Financial Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the New Day Financial Web Site in any manner which could damage, disable, overburden, or impair the New Day Financial Web Site or interfere with any other party’s use and enjoyment of the New Day Financial Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the New Day Financial Web Sites.
USE OF COMMUNICATION SERVICES
The New Day Financial Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
New Day Financial has no obligation to monitor the Communication Services. However, New Day Financial reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. New Day Financial reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
New Day Financial reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, is New Day’ssole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. New Day Financial does not control or endorse the content, messages or information found in any Communication Service and, therefore, New Day Financial specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized New Day Financial spokespersons, and their views do not necessarily reflect those of New Day Financial.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO NEW DAY FINANCIAL OR POSTED AT ANY NEW DAY FINANCIAL WEB SITE
New Day Financial does not claim ownership of the materials you provide to New Day Financial (including feedback and suggestions) or post, upload, input or submit to any New Day Financial Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting New Day Financial, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. New Day Financial is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at New Day’ssole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
a) Mobile Devices
By subscribing to New Day Financial, you consent to receive electronic communications from New Day Financial in electronic form, via email, Short Message Service (“SMS Service”) or wireless internet (“WAP Service”) and may be sent via automatic telephone dialing systems which may use pre-recorded messages. If you designate to receive electronic communications via your mobile device, you agree to receive messages delivered via the Site to that device and understand your carrier’s standard rates apply to any messages sent from New Day Financial. You represent you are the owner or authorized user of the mobile device on which messages will be received, and that you are authorized to approve any applicable charges. You may opt out of receiving messages to your mobile device at any time by notifying us at [email protected]
New Day Financial reserves the right, in its sole discretion, to terminate your access to the New Day Financial Web Site and the related services or any portion thereof at any time, without notice. GENERAL. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida, U.S.A. in all disputes arising out of or relating to the use of the New Day Financial Web Site. Use of the New Day Financial Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and New Day Financial as a result of this agreement or use of the New Day Financial Web Site. New Day’sperformance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of New Day’sright to comply with governmental, court and law enforcement requests or requirements relating to your use of the New Day Financial Web Site or information provided to or gathered by New Day Financial with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and New Day Financial with respect to the New Day Financial Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and New Day Financial with respect to the New Day Financial Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
New Day Financial and the New Day Financial logo are trademarks, trade names or service marks of New Day Financial Solutions LLC or its related companies. All other trademarks and service marks are the property of their respective owners. You are not permitted to use any trademark or service mark displayed on this Site without the prior written consent of New Day Financial or the owner of such trademark or service mark.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
COPYRIGHT INFRINGEMENT POLICY
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), New Day Financial will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:
- a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
- identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
- identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
- information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
- a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
- a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.
New Day’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:
Designated Agent – Copyright Infringement Claims
New Day Financial Solutions LLC
5769 W Sunrise Blvd
Plantation, FL 33313
Email: [email protected]