Last Updated: August 28th, 2019
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”).
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.
You will not use the Site if you:
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:
By using the Site or Services, you agree that you will not under any circumstances:
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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]