New Day Financial Solutions LLC Online Terms and Conditions
Last updated: September 6, 2023
AGREEMENT BETWEEN USER AND NEW DAY FINANCIAL SOLUTIONS LLC
The New Day Financial Solutions LLC Web Site is comprised of various Web pages operated by New Day Financial Solutions LLC (New Day).
The New Day 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 WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS, CONDITIONS, AND NOTICES.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH NEW DAY FINANCIAL ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE ARBITRATION PROVISION, YOU SHOULD LEAVE THIS SITE.
New Day reserves the right to change the terms, conditions, and notices under which the New Day Web Site is offered, including but not limited to the charges associated with the use of the New Day Web Site.
LINKS TO THIRD PARTY SITES
The New Day Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of New Day and New Day 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 is not responsible for webcasting or any other form of transmission received from any Linked Site. New Day is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by New Day of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the New Day Web Site, you warrant to New Day that you will not use the New Day Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the New Day Web Site in any manner which could damage, disable, overburden, or impair the New Day Web Site or interfere with any other party’s use and enjoyment of the New Day 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 Web Sites.
USE OF COMMUNICATION SERVICES
The New Day 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 has no obligation to monitor the Communication Services. However, New Day reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. New Day 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 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’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. New Day does not control or endorse the content, messages or information found in any Communication Service and, therefore, New Day 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 spokespersons, and their views do not necessarily reflect those of New Day.
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 does not claim ownership of the materials you provide to New Day (including feedback and suggestions) or post, upload, input or submit to any New Day Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting New Day, 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 is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at New Day’s sole 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.
CONSENT TO USE OF ELECTRONIC COMMUNICATIONS
All website interactions and phone calls are recorded for marketing, compliance and quality assurance purposes.
a) Mobile Devices
By sharing your contact information with New Day, you consent to receive electronic communications from New Day in electronic form, via email, Short Message Service (“SMS Service”) or wireless internet (“WAP Service”) and may be contacted 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 New Day to that device and understand your carrier’s standard rates apply to any messages sent from New Day. 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] or you can click the “Opt-out” link on the bottom of the email. Only United States residents may use the SMS or WAP Service. Your agreement to such contact is not required for purchase and you can simply call the company instead of filling out on-line forms.
b) Data Security
SMS or WAP Services are provided via wireless systems which use radio frequencies (and other means) to transmit communications over complex networks. New Day does not guarantee your use of the SMS or WAP Services will be private or secure, and New Day will not be liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures appropriate to your situation and intended use of the SMS or WAP Service. You acknowledge and agree New Day may access the content of your account and the wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NEW DAY FINANCIAL WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEW DAY FINANCIAL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NEW DAY FINANCIAL WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE NEW DAY FINANCIAL WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
NEW DAY FINANCIAL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE NEW DAY FINANCIAL WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEW DAY FINANCIAL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: [email protected]
CHOICE OF LAW
Governing Law and Jurisdiction
In the event of a dispute between you and New Day that arises out of these online Terms and Conditions or any product or service you obtain through this website or companies to which New Day may refer you (a “Claim”), you and New Day agree to resolve that Claim in accordance with the procedures set forth below or as we may otherwise agree to in writing. To the maximum extent permitted by law, Claims are subject to the laws of the state of Florida, United States of America, without regard to choice or conflicts of law principles.
Further, you and New Day agree to the jurisdiction of the Southern District of Florida and Broward County to resolve any dispute, claim, or controversy that relates to or arises in connection with the Claim (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under the Arbitration Agreement below.
MANDATORY ARBITRATION AND VENUE
This Arbitration Agreement applies only to consumers in the United States.
By agreeing to the Online Terms and Conditions, you agree that you are required to resolve any claim that you may have against New Day on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against New Day, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against New Day by someone else.
Dispute Resolution and Arbitration
You and New Day agree that any dispute, claim, or controversy between you and New Day arising in connection with or relating in any way to a Claim or to your relationship with New Day (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after any relationship you have with New Day) will be determined by mandatory binding individual (not class) arbitration. You and New Day further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Service.
Exceptions to Dispute Resolution and Arbitration
Notwithstanding the clauses above, you and New Day both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator.
Either you or we may start arbitration proceedings. Any arbitration between you and New Day will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and New Day agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at ADR.org, or you may call the AAA at 1-800-285-7987. New Day can also help put you in touch with the AAA.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). New Day’s address for Notice is: New Day Financial Solutions, LLC, Attn: General Counsel, 5769 W. Sunrise Blvd., Plantation, FL 33313. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or New Day may commence an arbitration proceeding. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Governing Law and Jurisdiction section shall govern any claim in court arising out of or related to the Agreements.
New Day may establish areas on the Site which may require obtaining access credentials. Should you obtain such access to restricted areas on the Site, New Day reserves the right, in its sole discretion, to terminate your access to the New Day site and the related services or any portion thereof at any time, without notice.
SITE NOT INTENDED FOR USE BY MINORS UNDER THE AGE OF 13
COPYRIGHT AND TRADEMARK NOTICES:
New Day and the New Day 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 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 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]
YOUR INDEMNIFICATION REQUIREMENTS
You agree to defend, indemnify and hold us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates harmless from any and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or related to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information (“PII”) in response to any request form on our Site; (iii) your access or use of Services through our Site; (iv) access to our Site or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); (vi) the Services you receive from any of the Service Providers to which you were referred by us; and/or (vii) any personal injury or property damage caused by you.
GENERAL / MISCELLANEOUS TERMS
Governing Law, Jurisdiction, Venue. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Florida, U.S.A., without regards to any choice of law provisions. Should you properly opt out of Arbitration, 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 Web Site. If you did not opt out of Arbitration, please see the Arbitration provision below for the applicable law and jurisdiction governing your arbitration. You and we agree to submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims or disputes.
Relationship of the Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and New Day as a result of this Agreement or use of the New Day Site.
Applicability of Laws. New Day’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of New Day’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the New Day Site or any information provided to or gathered by New Day with respect to such use. Use of the New Day Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Severability. 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.
AMENDMENTS TO THIS AGREEMENT
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
Dispute Resolution by Binding Arbitration – IMPORTANT NOTICE WAIVING YOUR RIGHT TO BRING A CLAIM BEFORE A JUDGE OR JURY IN COURT.
- The Arbitration shall be administered by the American Arbitration Association (“AAA”) (www.adr.org), the Judicial Arbitration Mediation Services (“JAMS”), or another nationally known consumer arbitration service agreed by the parties in the event AAA and JAMS no longer conduct consumer arbitrations. The Party who intends to seek arbitration must first send to the other Party a written Notice of Dispute before filing it with the arbitration service provider. The Notice must describe both the nature and basis of the dispute; and the specific relief sought. Any notice shall be deemed to have been given and received for all purposes when delivered by hand, a day after receipt through a nationally recognized overnight courier, or a day after being received through certified or registered mail, postage and charges prepaid, return receipt requested, to us at: New Day Financial Solutions, LLC, Attn: Legal Department, 5769 W. Sunrise Blvd., Plantation, FL 33313.
- Commencement and Rules ofArbitration. If we do not resolve a claim within 30 days after receipt of the Notice, the party sending the Notice may commence an arbitration proceeding with the AAA, JAMS, or another national arbitration provision if AAA or JAMS are unavailable, by filing a Demand of Arbitration in effect at the time the action is commenced. If you choose to file with the AAA, you may download or copy the form to initiate arbitration from the following website: http://www.adr.org/consumer. The AAA shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the AAA shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (“AAA Rules”), with the exception of Mass or Class Arbitration rules. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. If you choose to file with JAMS, you may download or copy the form to initiate arbitration from the following website: https://www.jamsadr.com/adr-forms. JAMS shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the JAMS shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Consumer Arbitration Minimum Standards (“JAMS Rules”), with the exception of Mass or Class Arbitration rules. In the event another arbitration service is provided, the parties agree to follow the rules and principles of that arbitration service, except as to any rights to Mass or Class Arbitration rules which the Parties expressly agree will not apply.
- The Arbitrator. The selected arbitrator shall be either a retired judge or an experienced attorney, shall be neutral and independent, and shall comply with the selected arbitration service’s code of ethics. The Arbitrator shall conduct the arbitration in a civil manner and ensure civility of the parties while making their arguments. Additionally, in conducting the arbitration hearing, in addition to the selected arbitration service rules, the arbitrator shall be guided by the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and Florida substantive law.
- The Arbitration Award. The Arbitrator shall issue a written reasoned award in which the arbitrator shall address the claims, defenses, evidence presented, and legal reasoning in making his decision. If the Arbitrator determines that reasonable attorney fees and costs may be awarded under applicable law, the parties agree that the arbitrator will also determine the amount of reasonable attorneys’ fees to be awarded. Any award rendered by the arbitrator shall be final and binding and shall not be subject to vacation or modification, except as expressly permitted by the Federal Arbitration Act. Judgment on the Arbitration Award may be entered in the jurisdiction in which the arbitration was commenced or in any court having jurisdiction over the Party against whom judgment is to be entered.
- Waiver of Right to Bring Mass or Class Actions. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported mass, class, or other representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
- Limitation on Injunctive Relief: The arbitrator may award injunctive relief only in favor of an individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
- Costs of Arbitration: Payment of all filing, administration and arbitrator fees will be governed by the selected arbitration service rules. Each party shall bear its own attorneys’ fees, if any, unless such fees are expressly provided for by applicable law. In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator’s award, or fails to comply with the Arbitrator’s award, the other party shall be entitled to costs of suit, including reasonable attorneys’ fees for having to compel Arbitration or defend or enforce the award.
- Arbitration Opt-Out. YOU MAY OPT-OUT OF THE TERMS OF THIS ARBITRATION PROVISION BY PROVIDING DEBT.COM WITH NOTICE IN WRITING WITHIN THIRTY (30) DAYS OF FIRST USING OUR SITE. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing either by U.S. mail delivered to: Attn: Legal Department, New Day Financial Solutions, LLC, Attn: Legal Department, 5769 W. Sunrise Blvd., Plantation, FL 33313 or by email delivered to [email protected].
- You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this agreement to arbitrate.
- What does arbitration mean? By agreeing to arbitration, we both acknowledge and agree that we are each: (i) waiving the right to pursue any other available dispute resolution processes, including, but not limited to, a court action or administrative proceeding, (ii) waving the right to participate in any class or mass action, (iii) waving the right to a trial by either a judge or jury, and (iv) giving up any right to appeal the arbitrator’s decision, except for a limited range of appealable issues expressly provided in the FAA. This section is considered by the parties to be an integral and non-voidable requirement and part of this Agreement, and the parties agree that prior to signing this Agreement including agreeing to this section they: (1) have had the opportunity to review such carefully, including with their own legal counsel if needed, (2) the parties understand the limitations on legal rights contained in this section including, but not limited to, the waiver of jury trial, the waiver of court proceeding and class actions, and (3) the parties consent and agree that this section is fair, reasonable, represents the intentions of each party at the time of entry into this Agreement, and should not be set aside later for any reason by any court. This section and the arbitration requirement shall survive termination.
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this agreement to arbitrate in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change.
New Day Financial Solutions, LLC
5769 W. Sunrise Blvd.
Plantation, FL 33313
Email: [email protected]