Terms and Conditions
Copyright © 2016 NewDominion Bank®, Inc. 2016. All Rights Reserved.
All information contained or available via the NewDominion websites, to include newdominionbank.com®, and newdominionDIRECT.com® is protected by copyright law in the United States of America and in other countries. Unless specified otherwise, no one has permission to copy, display, distribute, republish or create derivative works from such information in any form.
Terms and Conditions of Use
Updated and revised as of August 5, 2016.
You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. We are not responsible for any malfunctions, errors, crashes or other adverse events that may occur during your use of the Site.
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way.
Restrictions on Use
All Users of the Site are expected to follow the established rules of conduct for usage of the Site. You may not post, send, submit, publish, or transmit in connection with this Site any material that:
- You do not have the right to post, including proprietary material of any third party;
- Advocates illegal activity or discusses an intent to commit an illegal act;
- Is vulgar, obscene, pornographic, or indecent;
- Does not pertain directly to this Site;
- Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- Infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
- Violates any law or may be considered to violate any law;
- Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
- Solicits funds, advertisers or sponsors;
- Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
- Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
In addition, Users may not (i) intentionally violate any other applicable law or regulation while accessing and using our Site or attempt to gain unauthorized access to other computer systems through the Site; (ii) disrupt, modify or interfere with the Site or its associated software, hardware and/or servers in any way, impede or interfere with others' use of the Site; (iii) alter or tamper with any information or materials on or associated with the Site; (iv) use the Site for any illegal activity or purpose (or to solicit any illegal act); (v) gain access to Site's servers (other than by http requests using a Web browser) by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site; (vi) engage in conduct or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (vii) engage in spamming or flooding.
Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither NewDominionn or any third party that provides Content to the Site will assume or have any liability for any action or inaction by NewDominion or such third party with respect to any submission.
Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). We will be entitled to monitor your password and, at its discretion, require you to change it and/or terminate your account.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet or this Site.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by NewDominion or others. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEWDOMINION DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NEWDOMINION DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEWDOMINION DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT NEWDOMINION, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. NEWDOMINION MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEWDOMINION OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and NewDominion does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.
Limitation of Liability
BY YOUR USE OF THE SITE, YOU AGREE THAT NEWDOMINION, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF NEWDOMINION OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL NEWDOMINION BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF NEWDOMINION TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED THE GREATER OF $100 OR ANY FEE YOU MAY PAY TO NEWDOMINION FOR YOUR ACCESS TO OR USE OF THE SITE.
Trademarks, service marks, and logos appearing in this site are the property of NewDominionon, the party that provided the trademarks, service marks, and logos to NewDominion. NewDominion and any party that provided trademarks, service marks, and logos to NewDominion retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.
Links to Other Sites
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from the Site ("Linked Sites"). Links to Linked Sites are provided as a convenience to you, and do not constitute an endorsement by or association with NewDominion of such sites or the content, products, advertising or other materials presented on such sites. NewDominion does not author, edit, or monitor these Linked Sites. You acknowledge and agree that NewDominion is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Modifications to the Site and the Services
Use by Minors
This Site is not directed towards children or minors under the age of 18. You must be at least 18 years old to access this Site. NewDominion Bank does not request, prompt or encourage children to submit personal information online and we do not knowingly market to children online without express parental consent or notification. For more information about the Children’s Online Privacy Protection Act (COPPA), visit the Federal Trade Commission’s website at https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.
Digital Millennium Copyright Act Agent
We respect the intellectual property rights of others and require that the people who use the Site do the same. If you believe that your work has been used in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Mr. Karl Sawyer
214 North Tryon
Charlotte, NC 28202
Your Consent To This Agreement
This Site is operated by:
NewDominion Bank®, Inc.
1111 Metropolitan Avenue
Charlotte, NC 28204
Copyright © 2016 NewDominion Bank®, Inc. 2016. All Rights Reserved.