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Terms

Last Updated: August 28th, 2019

  1. Overview

These Terms of Use (the “Terms” or “Agreement”) set forth the terms and conditions under which eligible users may use newsilver.com, and any web pages, mobile applications, and mobile websites operated by New Silver Lending LLC, including affiliated entities (collectively, the “Site”).

For purposes of this Agreement, the terms “New Silver,” “newsilver.com,” “we,” “us,” and “our” refer to New Silver Lending LLC, including its affiliated entities. “You” refers to you, as a visitor or user of the Site (“User”) or any of the various services provided through the Site (“Services”).

    • Please read these Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to, and accept these Terms in their entirety.
    • These Terms include the New Silver’s Privacy Policy, which is incorporated herein. If you object to anything in these Terms or the Privacy Policy, do not use the Site or the Services.
    • We may amend these Terms and any linked information from time to time by posting amended terms on the Site, without notice to you.
    • We may, from time to time, and without notice, change or add to the Site or Services. However, we do not undertake to keep the Site updated. We are not liable to you or anyone else if any error occurs in the information on the Site or if that information is not current.
  1. Not an Offer of Advisory Services or Securities

Any information, documents, deliverables, or communications contained or transmitted by New Silver through the Site or Services (“Site Information”) are for informational purposes only. This Site and the Site Information do not constitute and should not be construed as an offering of advisory services or an offer to sell or solicitation to buy any securities or related financial instruments in any jurisdiction. You should not act upon any Site Information without seeking advice from licensed professionals in your own state. Responses to any inquiries shall not be construed as the rendering of personalized investment advice or effecting or attempting to effect transactions in securities.

  1. Eligibility

You will not use the Site if you:

    1. Are not able to form legally binding contracts;
    2. Are under the age of 18;
    3. Are located outside of the United States;
    4. Are a person or entity barred from receiving and rendering services under the laws of the United States or other applicable jurisdiction;
    5. Are suspended from using the Site; or
    6. Do not hold a valid email address.
  1. Content Restrictions

The following rules pertain to “Content,” hereby defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services. By uploading or transmitting any Content while using our Services, you agree, represent, and warrant as follows:

    • You are responsible for providing accurate, current, and complete information for use of the Site and the Services.
    • Your use of the Services, including but not limited to the Content you upload or transmit on the Site, must be in accordance with any and all applicable laws and regulations.
    • New Silver is not responsible for any claims relating to any inaccurate, untimely, or incomplete Content or other information provided by Users of the Site.
  1. Prohibited Uses

By using the Site or Services, you agree that you will not under any circumstances:

    • Use the Site, Services, or any information contained therein in any way that is abusive, threatening, or otherwise objectionable and offensive;
    • Use the Site or Services for any fraudulent or unlawful purpose, for any purpose not expressly intended by New Silver or for the promotion of illegal activities;
    • Provide false or inaccurate information when using the Services;
    • Interfere or attempt to interfere with the proper functioning of New Silver’s Services;
    • Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
    • Bypass any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data (whether manually or through automated means); or
    • Publish or link to malicious content intended to damage or disrupt another User’s browser or computer.

In order to protect our Users from prohibited activity, we reserve the right to take appropriate actions in our sole discretion.

Further, in order to protect the integrity of the Site and the Services, New Silver reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

  1. Privacy

New Silver uses the information you provide on the Site or via the Services in accordance with our Privacy Policy. For more information, and for information on the use of cookies, see our full Privacy Policy, the terms of which are incorporated herein.

  1. Links to External Sites

Links from the Site to external sites (including external sites that are framed by New Silver) or inclusion of advertisements and other third-party content do not constitute an endorsement by New Silver of such sites or the content, products, advertising, and other materials presented on such sites, or of the products and services that are the subject of such third-party content, but are for Users’ reference and convenience.

Users access these external sites at their own risk. It is the responsibility of the User to evaluate the content and usefulness of the information obtained from other sites. New Silver does not control such sites and is not responsible for their content.

Users further acknowledge that use of any site or content controlled, owned, or operated by third parties is governed by the terms and conditions of use for those sites, and not by these Terms or the Privacy Policy. New Silver expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All Users hereby agree to hold New Silver harmless from any liability that may result from the use of links that may appear on the Site.

  1. Release of Liability

You hereby agree to release New Silver and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any use of the Site, Services, or the Site Information, whether it be at law or in equity.  This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Site,  Services, or Site Information. 

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

  1. No Warranties

The Site, Services, and Site Information are provided “as is,” “as available.” NEW SILVER DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY SERVICES OR SITE INFORMATION; (2) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SITE, SERVICES, OR SITE INFORMATION; (3) WARRANT THAT YOUR USE OF THE SITE, SERVICES, OR SITE INFORMATION WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES OR SITE INFORMATION WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEW SILVER EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SERVICES OR SITE INFORMATION.

IN ADDITION, PLEASE BE ADVISED THAT NEW SILVER IS IN THE BUSINESS OF PROVIDING BUSINESS PURPOSE LOANS FOR INVESTMENT PROPERTIES ONLY. NEW SILVER IS NOT LICENSED IN ANY STATE AS A MORTGAGE LENDER AND DOES NOT PROVIDE CONSUMER MORTGAGES.

  1. Assumption of Risk

You assume all risk when using the Site, Services, and Site Information. You hereby understand and acknowledge that New Silver does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by or through the Site or through the Services.

  1. Limitation of Liability

In no event will New Silver be liable for any direct, indirect, general, special, incidental, compensatory or consequential damages, losses or expenses arising out of or relating to the use, reliance upon, or inability to use the Site, Services or Site Information, including without limitation damages related to any information received from the Site, Services, or Site Information, or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if New Silver, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

  1. Indemnification

By agreeing to these Terms, You agree to defend, indemnify and hold New Silver and its directors, officers, members, partners, principals, employees, agents and representatives harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising in any way from (i) your use of the Site, in whole or in part, or (ii) your breach or violation of law or any provisions contained herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.

  1. Governing Law and Consent to Jurisdiction

This Agreement, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Delaware, without consideration of choice of law principals.  All actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in the State of Connecticut.

  1. Disputes

In the case of any dispute arising under this Agreement which cannot be settled by reasonable discussion, the parties agree that, prior to commencing any proceeding, they will first engage the services of a professional mediator agreed upon by the parties and attempt in good faith to resolve the dispute through confidential nonbinding mediation. Each party shall bear one-half (1/2) of the mediator’s fees and expenses and shall pay all of its own attorneys’ fees and expenses related to the mediation. If mediation is not successful in resolving all disputes arising out of this Agreement, those unresolved disputes shall be settled by arbitration with one (1) arbitrator belonging to the American Arbitration Association in the State of Connecticut; provided, however, that the arbitrator shall have no authority to add to, modify, change, or disregard any lawful terms of this Agreement. The decision of the arbitrator shall be final and binding, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. Arbitration shall be the exclusive final remedy for any dispute between the parties.

  1. Miscellaneous

Nothing in these Terms shall be construed as making any party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality, or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality, or enforceability of any other term or provision of these Terms. The provisions of these Terms are severable, and if any provision of these Terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. No waiver by New Silver of any right under or term or provision of these terms and conditions of use will be deemed a waiver of any other right, term or provision of these terms and conditions of use at that time or a waiver of that or any other right, term or provision of these terms and conditions of use at any other time. These Terms may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer, you will remain bound by these Terms. These Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

  1. Contact Information

If you have any questions or need further information as to the Site or Services provided by New Silver, or need to notify New Silver as to any matters relating to the Site or Services, please contact New Silver at [email protected]