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

IMPORTANT! THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") GOVERN YOUR USE OF THIS WEB SITE (THE "SITE"), WHICH IS PROVIDED BY NEWDOMINION BANK, INC (COLLECTIVELY REFERRED TO AS "NEWDOMINION" OR "WE," "US," OR "OUR"). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY NEWDOMINION AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD EXIT THE SITE AND MAY NOT ACCESS OR OTHERWISE USE THE SITE.
Updated and revised as of August 5, 2016.

Internet Access

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.

Proprietary Rights

The material and content accessible from this Site (collectively, the "Content") is the proprietary information of NewDominion or the party that provided the Content to NewDominion. NewDominion, or the party providing the Content to NewDominion, retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of NewDominion, except that you may print one (1) copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates NewDominion's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to or use of this Site. We do not grant any license or other authorization to any User of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site.

User Information

In the course of your use of the Site, you may be asked to provide certain information about yourself to us ("User Information"). Our information collection and use policies with respect to such User Information are set forth in our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

Submitted Material

Any content, remarks, suggestions, ideas, graphics, concepts, methods, systems, designs, plans, techniques or other similar information or content communicated to us through this Site (together, "Your Material") will be deemed not to be confidential or secret. By submitting or otherwise making Your Material available on the Site, you hereby grant to NewDominion the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Material, and to incorporate Your Material in other works in any form, media, or technology now known or later developed. NewDominion will not be required to and will not treat any of Your Material as confidential and may use any of Your Material in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future NewDominion operations. By submitting or otherwise making Your Material available on the Site, you represent and warrant to NewDominion that Your Material is original to you and does not violate the Terms of Use. We will treat any personal information that you submit through this Site in accordance with the Site's Privacy Policy.

Unsolicited Materials

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

You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, (ii) frame this Site, or (iii) hyper-link to this Site, without, in each instance, the express prior written permission of an authorized representative of NewDominion. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute this Site or Content accessible within this Site. You agree to cooperate with us in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
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.
We have no obligation to monitor any content on or through the Site, and we assume no such obligation. However, we reserve the right to monitor use of this Site to determine compliance with these Terms of Use. We also reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Use. We may also suspend or terminate any User's use of the Site at any time in our sole discretion.
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.

Security

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 are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. We reserve the rights to: (1) release your personal information and other User information to system administrators at other sites in order to assist them in resolving security incidents if you become involved in any violation of system security; (2) investigate suspected violations of these Terms of Use; (3) fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use; and (4) disclose any information as necessary or appropriate to protect NewDominion and its Users. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS NEWDOMINION AND ITS RESPECTIVE OFFICERS, EMPLOYEES AND AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NEWDOMINION OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NEWDOMINION OR LAW ENFORCEMENT AUTHORITIES.

Disclaimer

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.

Indemnity

By your use of the Site, you agree to indemnify and hold harmless NewDominion, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You also agree indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

Trademarks

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.

Applicable Laws

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.

Miscellaneous

These Terms of Use and the relationship between you and NewDominion shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. You and NewDominion agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of North Carolina, County of Mecklenburg. You and NewDominion each agree to submit to the personal and exclusive jurisdiction of the courts located within Mecklenburg County in the State of North Carolina and waive any defenses to the assertion of jurisdiction by or venue in these courts. The failure of NewDominion to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Modifications to the Site and the Services

We may change these Terms of Use from time to time and at any time without notice to you, by posting such changes on the Site. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. By using the Site following any modifications to the Terms of Use, you agree to be bound by any such modifications to the Terms of Use. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

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.

Copyright Agent
Mr. Karl Sawyer
K.L. Gates
214 North Tryon
Charlotte, NC 28202

Your Consent To This Agreement

By using the Site, you consent to the Terms of Use set forth above. If we decide to change our policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.
This Site is operated by:
NewDominion Bank®, Inc.
1111 Metropolitan Avenue
Suite 500
Charlotte, NC 28204
Copyright © 2016 NewDominion Bank®, Inc. 2016. All Rights Reserved.