New Century Financial Mortgage LLC USER AGREEMENT AND TERMS OF USE

Last Modified: May 1, 2023.

User’s Acceptance

Welcome to the New Century Financial Mortgage LLC User Agreement and Terms of Use. This is an agreement (“Agreement”) between New Century Financial Mortgage LLC, 1105 Tryon Village Drive Suite 303 #27 Cary, NC 27518 (“New Century Financial Mortgage LLC"), the owner and operator of New Century Financial Mortgage LLC and any New Century Financial Mortgage LLC software, application, components, and any associated services offered through New Century Financial Mortgage LLC (collectively the “Platform”) and User (“User”, “you”, or “your”), a User of the Platform. Throughout this Agreement, the words “New Century Financial Mortgage LLC,” “us,” “we,” and “our,” refer to our company, as is appropriate in the context of the use of the words.

PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT USER’S RIGHTS. By clicking “I agree”, subscribing to, accessing, or using the Platform, User agrees to be bound by this Agreement and the Privacy Policy and Cookie Policy. We may amend this Agreement from time to time and may notify User when we do so. If User does not agree to the changes in this Agreement, please cease using the Platform immediately. Where you are a “Client” (referred to as “Subscriber” in this Agreement) as defined in the New Century Financial Mortgage LLC Subscription Agreement (“Subscription Agreement”), you are required to enter into and abide by all terms of the Subscription Agreement in addition to this Agreement. Where this Agreement and the Subscription Agreement directly conflict, the Subscription Agreement shall control and supersede.

Platform and User Accounts
User may be required to register and create an account prior to accessing portions of the Platform. Any account information will be collected and disclosed in accordance with our Privacy Policy. You are required to provide truthful, up-to-date, and accurate information when registering for our Platform and must be over the age of 18. We reserve the right to verify all user credentials and to reject or suspend any users at our sole discretion. User is responsible for ensuring that User maintains the confidentiality and security of your account. User is solely responsible for all activities under its account while using the Platform. Please notify New Century Financial Mortgage LLC immediately if any account is compromised. New Century Financial Mortgage LLC reserves the right to reject or suspend any users at its discretion.

Access
We reserve the sole discretion in rejecting or terminating any User access and nothing in this Agreement obligates us to provide you access to the Platform. After access has been granted by a Subscriber and you have agreed to this Agreement, we shall grant User a limited, non-exclusive, fully revocable, non-transferable, non-sublicensable, and non-assignable right to access to the Platform. Where User downloads any portions of our Platform, we grant User a limited, non-exclusive, fully revocable, non-transferable, non-sublicensable, and non-assignable license to download and use the Platform in accordance with this Agreement. User may use the Platform solely for internal commercial purposes, User may not transfer or assign your access or license to any third parties. All rights not explicitly granted are reserved for New Century Financial Mortgage LLC. User receives no ownership rights to the Platform. User’s access to use our Platform or User’s license may be terminated at our discretion. Failure by us to revoke User’s access or license does not act as a waiver of User’s conduct.

Platform
The Platform offers tools and tutorials to assist User in improving their website's SEO and coding issues. User may use the Platform solely as permitted and provided for by New Century Financial Mortgage LLC and in compliance with all applicable laws. Please be aware that the Platform, except as expressly stated otherwise, is offered on an “as is” basis and New Century Financial Mortgage LLC makes no representations or warranties regarding any portions of the Platform. New Century Financial Mortgage LLC reserves the right to modify, change, and/or discontinue any and all portions of the Platform at any time and may also remove or add associated services at our sole discretion. Please be aware that any information generated during the use of the Platform is for general informational purposes and is considered User Content (defined below). User is solely responsible for all such information generated. The Platform does not include, and New Century Financial Mortgage LLC does not warrant, software obtained from any source other than New Century Financial Mortgage LLC including any third party integrations that may be offered such as payment integrations (collectively “Third Party Software”). The use of the Third Party Software is subject to any agreements, terms, conditions, or licenses that are solely entered in by and between User and the Third Party Software provider. Additionally, User agrees that: (a) it shall abide by all Third Party Software agreements when using the Platform; (b) User’s use of the Platform shall not interfere with the Third Party Software; (c) all agreements between User and the Third Party Software provider are solely between User and the Third Party Software provider and New Century Financial Mortgage LLC is not a party to any such agreements; and (d) User shall indemnify New Century Financial Mortgage LLC for any claims against New Century Financial Mortgage LLC by the Third Party Software provider caused by User’s use of the Platform in conjunction with the Third Party Software.

User and Subscribers
Please be aware that you are solely responsible for any interactions with any other users of the Platform including any Subscriber. THE USER AGREES TO HOLD New Century Financial Mortgage LLC FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR ACCESS TO OR INTERACTIONS WITH ANY OTHER USER OR SUBSCRIBER. New Century Financial Mortgage LLC IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OR SUBSCRIBER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY OTHER PARTY ENCOUNTERED ON THE PLATFORM. Any opinions, advice, or information expressed by any third parties are those of the individual and the individual alone and they do not reflect the opinions of New Century Financial Mortgage LLC. New Century Financial Mortgage LLC does not verify or warrant any information posted by any third parties. Any agreements entered into between User and any party (including any Subscriber) are solely between the parties and New Century Financial Mortgage LLC is not a party to such agreements. User shall indemnify and hold harmless New Century Financial Mortgage LLC from any claims related to any other User (including Subscribers) of the Platform in accordance with this Agreement. Please be aware that any agreements entered into between a Subscriber and any User may not abridge any contractual rights of New Century Financial Mortgage LLC as set forth within this Agreement. A Subscriber is solely responsible for resolving any issues with any User including but not limited to issuing any refunds, credits, or other re-payment where applicable and New Century Financial Mortgage LLC cannot assist User in resolving any issues with a Subscriber. If you have any issues with any Subscriber while using the Platform, please contact the Subscriber to resolve such issue.

Access to User Content
User understands User Content may be shared with other users based on settings contained within the Platform. Therefore, any User Content shared through the Platform may be insecure and may be viewable by third parties. User releases New Century Financial Mortgage LLC from any liability arising out of its use of the Platform or any User Content stored on the Platform.

Electronic Communications
The communications between User and New Century Financial Mortgage LLC use electronic means, whether User visits the Platform or sends New Century Financial Mortgage LLC e-mails, or whether New Century Financial Mortgage LLC posts notices on the Platform or communications with User via mobile notifications or e-mail. For contractual purposes, User (1) consents to receive communications from New Century Financial Mortgage LLC in an electronic form; and (2) agrees that all terms, conditions, agreements, notices, disclosures, and other communications that New Century Financial Mortgage LLC provides to User electronically satisfies any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect User’s statutory rights.

Relationship of Parties
This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between User and New Century Financial Mortgage LLC. The relationship of the parties is as independent contractors. User has no authority (and shall not hold himself or herself out as having authority) to bind New Century Financial Mortgage LLC and User shall not make any agreements or representations on New Century Financial Mortgage LLC’ behalf without New Century Financial Mortgage LLC’ prior written consent.

Platform Ownership
User acknowledges that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to New Century Financial Mortgage LLC and/or New Century Financial Mortgage LLC’ licensors and that New Century Financial Mortgage LLC and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by New Century Financial Mortgage LLC. User shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by New Century Financial Mortgage LLC to others in violation of this Agreement. User shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by New Century Financial Mortgage LLC. All rights not expressly granted in this Agreement are reserved for us.

Information Generated
User understands and agrees that the Platform is dependent on the information contained in any User Content submitted by User and User is solely responsible for that information. User is solely responsible for evaluating and independently verifying all information provided. THE USER AGREES TO HOLD New Century Financial Mortgage LLC FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF USER’S USE OF THE PLATFORM AND ANY INFORMATION GENERATED. New Century Financial Mortgage LLC WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH USER’S USE OF THE PLATFORM.

Privacy Policy
We value User’s privacy and understand User’s privacy concerns. Our Privacy Policy is incorporated into this Agreement, and it governs User’s submission of information to our Platform. Please review our Privacy Policy to understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Platform User consents to all actions taken by us with respect to User’s information in compliance with the Privacy Policy.

User Content
A User’s ability to submit, transfer, or transmit any information through the Platform, including but not limited to user information, logins, data, recordings, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any User Content and we may refuse to accept or transmit any User Content. User agrees that User is solely responsible for any User Content submitted and User releases us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.

When User submits any User Content to us, User grants New Century Financial Mortgage LLC, its partners, affiliates, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of the User Content for the purposes of providing User any services associated with the Platform for the duration of this Agreement. User Content will be shared with third parties that have access to the Platform. New Century Financial Mortgage LLC has no liability to the User for any User Content including all data, information, copy, images, URL names, and anything else submitted by User or any third parties using the Platform. Specifically, New Century Financial Mortgage LLC shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to User.

Third Party Content
New Century Financial Mortgage LLC does not endorse or warrant any third party content including but not limited to any materials, results, information, or other data provided by a third party (collectively “Third Party Content”) and does not assume responsibility for any Third Party Content encountered on the Platform. Subscribers may provide pricing information for certain products that are based on Third Party Content, any such pricing information is provided without warranty or endorsement. If you use or access any Third Party Content you do so at your own risk. We recommend that you independently evaluate Third Party Content and you should not solely rely on the Third Party Content displayed on the Platform to make any decisions. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content. Further, New Century Financial Mortgage LLC assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content.

Rules for User Content
Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content. When submitting any User Content, User agrees to the following:

User agrees that User Content submitted is truthful, up-to-date, and accurate;
User agrees that any User Content submitted does not contain any confidential information;
User agrees that any User Content submitted shall not be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

If User has violated the above or if we believe that any User Content may harm the Platform, User’s access to the Platform may be suspended or terminated and any User Content may be removed.

Monitoring User Content
New Century Financial Mortgage LLC shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, New Century Financial Mortgage LLC shall have the right, but not the obligation, to remove or disable access to any User Content at our sole discretion.

Use of the Platform
When using our Platform, User is responsible for User’s use of the Platform. User agrees to the following:

User may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
User may not use automated bots or other software to send more messages through our Platform than humanly possible;
User may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
User may not access our Platform in an attempt to build a similar or other competitive product;
User may not use the Platform in an unlawful manner;
User may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
User may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
User may not interfere with or disrupt the Platform;
User agrees not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing;
and User agrees that User will not hold New Century Financial Mortgage LLC responsible for User’s use of our Platform

If User is discovered to be undertaking any of the aforementioned actions User’s privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we believe that User’s actions may harm us or a third party we may suspend or terminate User’s use of the Platform and we may pursue any legal remedy available to us under applicable law. Generally, we will provide an explanation for any suspension or termination of User’s use of any of our Platform, but New Century Financial Mortgage LLC reserves the right to suspend or terminate any account at any time.

User Account Holds
From time to time, New Century Financial Mortgage LLC may place a hold (“Hold”) on a User’s account. Some of the reasons that we may place a Hold on User’s account include but are not limited to the following: (1) if we have reason that User’s actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; or (2) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If User has questions about a Hold we may have placed on User’s account, or needs information about how to resolve the Hold, please contact us. Additionally, we may suspend User’s access to the Platform while such Hold is in place.

Termination of User
A Subscriber may terminate your account at Subscriber’s discretion. New Century Financial Mortgage LLC shall have no liability to you where a Subscriber has terminated your account. Please be aware that upon termination of your account, access to all or portions of our Platform may become immediately disabled and any User Content stored may not be retained and may be deleted. We shall have no liability to User in regards to any retention of any User Content. We may terminate User’s use of the Platform or terminate this Agreement, immediately, if we determine that: (1) User has violated any applicable laws while using our Platform; (2) if User has violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of User’s current or future actions may legally harm New Century Financial Mortgage LLC, our business interests or a third party, at our discretion.

Platform Security
While New Century Financial Mortgage LLC employs electronic safeguards, please be aware that New Century Financial Mortgage LLC can make no guarantees regarding any Platform security. User agrees to exercise caution and common sense when using the Platform.

Platform Availability
Although we try to provide continuous availability to User, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. User agrees and acknowledges that the Platform may not always be either 100% reliable or available. Only User who are eligible to use our Platform may do so and we may refuse service or terminate User’s access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by User or give User any desired results.

Support
If you require any technical support, please contact us at (305) 317-8475.

Modification of Platform
We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to User or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to the User.

Idea Submission
New Century Financial Mortgage LLC or any of our employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to New Century Financial Mortgage LLC. The sole purpose of this policy is to avoid potential misunderstandings or disputes when New Century Financial Mortgage LLC’ products might seem similar to ideas User submitted to New Century Financial Mortgage LLC. Where User submits any Submission, whether solicited or unsolicited, User agrees that: (1) User’s Submissions and their contents will automatically become the property of New Century Financial Mortgage LLC, without any compensation to User; (2) New Century Financial Mortgage LLC may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for New Century Financial Mortgage LLC to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

Disclaimer
THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER New Century Financial Mortgage LLC, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS RELATED TO: (1) THE PLATFORM; (2) ANY INFORMATION OR USER CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO New Century Financial Mortgage LLC, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. New Century Financial Mortgage LLC DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE FROM ANY HARMFUL COMPONENTS. New Century Financial Mortgage LLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. New Century Financial Mortgage LLC DOES NOT WARRANT THAT USER’S USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND New Century Financial Mortgage LLC SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. New Century Financial Mortgage LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO USER’S USE OF THE New Century Financial Mortgage LLC PLATFORM AND/OR ANY SERVICES. New Century Financial Mortgage LLC DOES NOT CONTROL ANY THIRD PARTY LINKS, SERVICES, SOFTWARE AND INFORMATION ON THE PLATFORM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, New Century Financial Mortgage LLC MAKES NO WARRANTIES REGARDING THIRD PARTY WEBSITE AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR USER’S USE OF OR RELIANCE ON SUCH THIRD PARTY WEBSITE.

Limitation of Liability
IN NO EVENT SHALL New Century Financial Mortgage LLC, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT New Century Financial Mortgage LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. USER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (1) death or personal injury caused by New Century Financial Mortgage LLC’s negligence or that of any of our officers, employees or agents; (2) fraudulent misrepresentation; or (3) any liability which it is not lawful to exclude either now or in the future. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED User AGREES THAT OUR TOTAL LIABILITY TO User SHALL NOT EXCEED THE AMOUNTS User HAS PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE THOUSAND USD, WHICHEVER IS LESSER.

Indemnity
User agrees to defend, indemnify and hold harmless New Century Financial Mortgage LLC, our officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

User’s use of or access to the New Century Financial Mortgage LLC Platform;
Any dispute related to a third party or Subscriber encountered on the Platform;
User’s violation of any term of this Agreement; or
User’s violation of any third party right, including without limitation any copyright, property, or contractual right.

This defense and indemnification obligation will survive this Agreement and User’s use of the New Century Financial Mortgage LLC Platform. User also agrees that User has a duty to defend us against such claims and we may require User to pay for an attorney(s) of our choice in such cases. User agrees that this indemnity extends to requiring User to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and User shall be liable for the damages as though we had proceeded with a trial.

Copyrights
Takedown Notice

We take copyright infringement very seriously. If User believes that any copyrighted material owned by User has been infringed upon by someone using our Platform, please send us a message which contains:

User’s name.
The name of the party whose copyright has been infringed, if different from User’s name.
The name and description of the work that is being infringed
The location on our Platform of the infringing copy.
A statement that User has a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that User swears, under penalty of perjury, that the information contained in this notification is accurate and that User is the copyright owner or has an exclusive right in law to bring infringement proceedings with respect to its use.

User must sign this notification and send it to our Copyright Agent: Copyright Agent of New Century Financial Mortgage LLC, 1105 Tryon Village Drive Suite 303 #27 Cary, NC 27518.

Counter Notice In the event that User receives a notification from New Century Financial Mortgage LLC stating content posted by User has been subject to a DMCA takedown, User may respond by filing a counter-notice pursuant to the DMCA. User’s counter-notice must contain the following:

User’s name, address, email and physical or electronic signature.
The notification reference number (if applicable).
Identification of the material and its location before it was removed.
A statement under penalty of perjury that the material was removed by mistake or misidentification.
User’s consent to the jurisdiction of a federal court in the district where User lives (if User is in the U.S.), or User’s consent to the jurisdiction of a federal court in the district where User’s service provider is located (if User is not in the US).
User’s consent to accept service of process from the party who submitted the takedown notice. Please be aware that we may not take any action regarding User’s counter-notice unless User’s notification strictly complies with the foregoing requirements. Please send this counter-notice to: New Century Financial Mortgage LLC, 1105 Tryon Village Drive Suite 303 #27 Cary, NC 27518.

Choice of Law
This Agreement shall be governed by the laws in force in the state of North Carolina. The offer and acceptance of this contract is deemed to have occurred in the state of North Carolina. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded.

Disputes
Any dispute relating in any way to User’s use of the Platform shall be submitted to confidential arbitration in Raleigh, NC. Any and all disputes arising out of or relating to this Agreement or usage of the Platform, including fraud in the inducement, whether in contract or tort, law or equity, shall be resolved by final arbitration in accordance with the then applicable rules of Judicial Arbitration and Mediation Implementation Services and its then binding rules found at https://www.jamsadr.com/rules-comprehensive-arbitration/. Arbitration shall be conducted by one (1) arbitrator in English. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. If any party to this Agreement brings an action to enforce its rights hereunder or to interpret or apply this Agreement, the prevailing party shall be entitled to recover all of its costs and expenses, including legal interest thereon and all of its reasonable attorneys’ fees and costs incurred in connection with such action. Any claim or cause of action arising out of, related to or connected with this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. The dispute resolution procedures in this section shall not apply prior to a party seeking a provisional remedy related to claims of misappropriation or ownership of intellectual property, confidential information, or trade secrets such remedies above mentioned requiring injunctive relief shall be heard in a court of competent jurisdiction located within Raleigh, North Carolina.

Opt-Out
User may opt-out of this dispute resolution provision by notifying New Century Financial Mortgage LLC within 30 days of the date on which User entered into this Agreement or purchased a subscription, whichever is earlier. User must do so by writing to New Century Financial Mortgage LLC, 1105 Tryon Village Drive Suite 303 #27 Cary, NC 27518 attn: Arbitration Opt-Out, and User must include User’s name, address, account information, and a clear statement that User does not wish to resolve disputes with New Century Financial Mortgage LLC through arbitration. Where User opts out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Raleigh, NC.

Class Action Waiver
User and New Century Financial Mortgage LLC agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. User agrees that User will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement User may have with New Century Financial Mortgage LLC are deemed to conflict with each other’s operation, New Century Financial Mortgage LLC shall have the sole right to elect which provision remains in force.

Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Assignment and Survival
User may not assign User’s rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, User Content licenses, Representation and Warranties, Access, Payment, Indemnification, and Arbitration sections.

Entire Agreement and Notices
This Agreement along with the Privacy Policy along with any other applicable agreements constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to your use of the Platform. Where User enters into the New Century Financial Mortgage LLC Subscriber Agreement with New Century Financial Mortgage LLC, that agreement shall control and supersede where a direct conflict occurs. Where this Agreement expressly and directly conflicts with the Privacy Policy, this Agreement shall control. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party. Any ambiguity shall be interpreted by its plain meaning. Any notices required under this Agreement shall be delivered New Century Financial Mortgage LLC, 1105 Tryon Village Drive Suite 303 #27 Cary, NC 27518, delivery confirmation required. Any notices to User shall be delivered either electronically via email to User’s account or to the email address listed within User’s account.

Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email User. User may refuse to agree to the amendments but User must immediately cease using our Platform.