These Terms & Conditions ("Terms") cover your use of and access to the sites, templates, products, applications, tools and features (collectively, the "Services") provided by New Hiland Inc., Inc. (together with its officers, directors, employees, agents, subsidiaries and affiliates, “New Hiland Inc.”).
By using or accessing the Services, you're agreeing to these Terms, our Privacy Policy and our Acceptable Use Policy (collectively, this “Agreement”). If you're using the Services for an organization, you're agreeing to this Agreement on behalf of that organization, and represent and warrant that you can do so. If you don't agree to all the terms in this Agreement, you may not use or access the Services.
The disclosures and consents required under certain state laws are deemed to be provided, received and agreed to by your visit to and/or use of the website.
Limitation of Liability
In no event will new hiland inc. be liable for any damages, including, without limitation: direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or link or system failure, even if new hiland inc., or representatives thereof are advised of the possibility of such damages, losses or expenses. hyperlinks to other internet resources are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored or endorsed by new hiland inc..
Website Security
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. NEW HILAND INC. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Third Party Services
The Services are integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products, such as domain and email services, or marketplaces to connect customers and vendors. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we're not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility.You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We're not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law). We haven't reviewed and can't review all of the User Content made available via the Services. The Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don't represent or imply that we endorse User Content provided therein, or that we believe such User Content to be accurate, useful or non-harmful. We're not a publisher of, and we're not liable for, any User Content uploaded, posted, published or otherwise made available via the Services. You're responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don't control and aren't liable for those sites.
Intellectual Property
The Services are protected by copyright, trademark and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others' content in the Services. You agree not to change, translate or otherwise create derivative works of the Services. Open source software is important to us. Some of the software used in the Services may be offered under an open source license that we may make available to you. There may be provisions in the open source license that override some of these Terms. We may provide templates or other products featuring demo content including without limitation text, photos, images, graphics, audio, video and other materials (“Demo Content”), to provide you with ideas or inspiration. However, Demo Content is for private use only (unless we tell you otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof). We may release products and features that we're still testing and evaluating. Those Services have been marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other services, so please keep that in mind.
Copyright
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law.
Warranty Disclaimers
To the fullest extent permitted by law, New Hiland Inc. makes no warranties, either express or implied, about the Services. The Services are provided “as is.” New Hiland Inc. also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from New Hiland Inc. shall create any warranty. New Hiland Inc. makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
Idemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless New Hiland Inc. from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
Dispute Resolution
Before filing a claim against New Hiland Inc., you agree to try to resolve the dispute by first emailing support@newhiland.com with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can't resolve the dispute within thirty (30) days of our receipt of your first email, you or New Hiland Inc. may then bring a formal proceeding.
Purchase or Loss Reimbursement
Borrower or Borrowers of loan shall indemnify, defend and hold New Hiland Inc. and its officers, directors, employees, agents, affiliates and subsidiaries harmless against and in respect of, and shall reimburse New Hiland Inc. for any and all losses, liabilities, claims, damages, costs, including without limitation attorneys’ fees and costs, and actions suffered or incurred by New Hiland Inc. which arise out of, result from or relate to: (a) material breach by Borrower or Borrowers of loan of any covenant, condition, term, obligation, representation or warranty contained (i) in this Agreement or the Guide, or (ii) in any Eligible Loan Application, Mortgage File document or in any written statement or certificate furnished by Borrower or Borrowers of loan pursuant to this Agreement or the Guide, including, without limitation, those arising from Borrower or Borrowers of loan’s fraud or negligence in the submission or processing of Loan Applications; or (b) any material act or omission of Borrower or Borrowers of loan or any employee or agent of Borrower or Borrowers of loan which adversely affects any Eligible Loan Application registered with and funded by New Hiland Inc. or Lenders of New Hiland Inc. hereunder. In all actions with third parties in which New Hiland Inc. has the right to be indemnified hereunder, New Hiland Inc. shall have the complete and exclusive right to determine the conduct and defense of such legal proceeding or investigation with such third party including, without limitation, the right to compromise, settle, defend, or continue any such action. Borrower or Borrowers of loan shall remit to New Hiland Inc. the funds necessary (plus any advances made by New Hiland Inc. for taxes, insurance, foreclosure expense, or any other related expense; plus interest that has accrued.) to satisfy its obligations hereunder arising from fraud or mortgage repurchase liability due to errors or omissions of any kind immediately.
Damages
Except as specifically provided in this agreement or where the law requires a different standard, you agree that New Hiland Inc. is not responsible for any loss, property damage or bodily injury, whether caused by access to or use of online services. to the maximum extent permissible under applicable law, New Hiland Inc. will not be responsible to you or any third party claiming through you for any direct, indirect, special or consequential, economic or other damages arising in any way out of the use of online services, including liability associated with any computer viruses which may infect your computer system or mobile device.
Waiver, Severability And Assignment
Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Changes to This Policy
We may update this Policy from time to time. Changes will be posted on this page with an updated effective date.
Electronic Delivery of Notices and Disclosures
Unless you notify us otherwise, New Hiland Inc. will provide all required notices, disclosures, authorizations, acknowledgements, and other documents electronically through our system. To ensure you receive all communications without interruption, we provide them electronically to the address you have provided us. You may request paper copies of any notices or disclosures at any time by contacting us.
Contact Us
If you have any questions or concerns about this Policy, please reach out to us at support@newhiland.com.