Terms of Use Agreement between User and New Day Commercial Capital LLC
This website is offered to you, the User, conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices.
All materials available on the New Day website are for informational purposes only and have been prepared by New Day Commercial Capital LLC, as a service to its users and the Internet community and not for the purpose of providing financial advice. Use of and access to this website do not create a lender-borrower relationship between New Day Commercial Capital LLC, any employee thereof, and the user. Any opinions expressed at or through this site in articles, white papers, or other materials, are the opinions of the author/s and may not reflect the opinions of New Day Commercial Capital LLC. New Day Commercial Capital LLC does not warrant or guarantee the accuracy or completeness of the information provided through any of the New Day Commercial Capital LLC websites. Users should contact a financial advisor to obtain advice with respect to any particular issue or problem. Users of information from the New Day Commercial Capital LLC website do so at their own risk.
Copyright Notice
The contents of all material available on the site are copyrighted by New Day Commercial Capital LLC unless otherwise indicated. All rights are reserved by New Day Commercial Capital LLC and, except for purposes of researching or applying for a loan, the content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of New Day Commercial Capital LLC.
Legal Notice and Disclaimer
INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
New Day Commercial Capital LLC (including its employees and agents) assumes no responsibility for consequences from the use of the information herein, or in any respect for the content of such information, including, but not limited to, delays, errors or omissions, the accuracy or reasonableness of information, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy, or personal rights of others. NEW DAY COMMERCIAL CAPITAL LLC IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR, DAMAGES OF ANY KIND ARISING OUT OF USE, REFERENCE OR RELIANCE ON SUCH INFORMATION.
No Unlawful or Prohibited Use
As a condition of your use of this website, you warrant to New Day Commercial Capital LLC that you will not use this website or any information contained on the website for any purpose that is unlawful or prohibited by these Terms, Conditions, and Notices.
Links to Other Internet Sites
At certain places on this site, live “links” to other Internet addresses can be accessed (“Linked Sites”). Such Linked Sites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of New Day Commercial Capital, LLC. New Day Commercial Capital LLC does not endorse, approve, certify, or control these Linked Sites and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information that they contain. Use of Linked Sites is voluntary, and should only be undertaken after an independent review of the accuracy, completeness, efficacy, and timeliness of information contained therein. In addition, it is the user’s responsibility to take precautions to ensure that material selected from such Linked Sites is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. New Day Commercial Capital, LLC is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of such Linked Sites, or reference to or reliance on information contained therein.
User Accounts
Prior to using certain Services, you will be asked to create a user account (“User Account”) by choosing a password and providing New Day certain information including, among other things, your name, company name, telephone number, and a valid email address. New Day will not disclose your Information to any third party, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant, or for the purposes of delivering Services that you have requested by way of your use of the site. You are responsible for maintaining the confidentiality of your User Account. You shall be responsible for all uses of your User Account and password, whether or not authorized by you. You agree to immediately notify New Day of any unauthorized use of your User Account. In addition, you agree to receive email communication from New Day. This email opt-in status will apply for all email communications with New Day, including administration, marketing, event planning, email discussion lists, and other uses as described on the site. You can change your opt-in status at any time by clicking the unsubscribe link at the bottom of our emails or email your request to [email protected]. Your email address will not be shared or sold to third parties.
Modification of these Terms, Conditions, and Notices
New Day Commercial Capital LLC reserves the right to change the Terms, Conditions, and Notices under which this website is offered.
General
New Day Commercial Capital LLC reserves the right to terminate this agreement at any time for any reason, including, but not limited to, violating any of the terms or conditions of this agreement. By accessing this website, you have directed your system to a computer located in the State of California. You agree that disputes arising out of or relating to the contents or use of this website are to be governed by the laws of the State of California. You consent to the exclusive jurisdiction of courts sitting in the State of California in all disputes arising out of or relating to the contents or use of this website.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including without limitation, 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 full force and effect.
This agreement constitutes the entire agreement between you and New Day Commercial Capital LLC with respect to the use of this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and New Day Commercial Capital LLC with respect to this website. 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.