Terms & Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.anewdayco.com website and the A New Day mobile application (together, or individually, the “Service”) operated by A New Day (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of A New Day and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of A New Day.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by A New Day.

A New Day has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that A New Day shall not be 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 or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

Limitation Of Liability

In no event shall A New Day, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

A New Day its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Account Terms

1. You must be at least 18 years old, or the legal age of majority where you live, to open an account.
2. You are responsible for maintaining the confidentiality of your account password and restricting access to your account. You agree to accept responsibility for all activities that occur under your account.
3. One person or legal entity may not maintain more than one account.
4. Accounts registered using anonymous email services may be terminated without notice.
5. You must provide accurate account information at all times and keep your contact information up-to-date.
6. We may terminate accounts that are inactive for an extended period of time.
7. We reserve the right to refuse service to anyone for any reason at any time.

Purchase Terms

1. Prices for products are subject to change at any time without notice. Price changes will not affect any orders that have already been confirmed and charged.
2. Sales tax will be added to your total based on your shipping address and local tax rates.
3. Promotional offers and coupons cannot be combined unless specifically stated. Offers are subject to change or revocation at any time without notice.
4. Once an order is placed, it cannot be changed or cancelled. Please review orders carefully before submitting.
5. If your payment fails after an order is placed, we may cancel the order or attempt to process the payment again.

Shipping & Delivery

1. Shipping costs will be calculated at checkout based on weight, dimensions and destination. Delivery estimates are provided at checkout.
2. We are not liable for any lost shipments when using third-party carriers to deliver orders. Insurance and signature confirmation may be requested at checkout for an additional fee.
3. Delivery delays may occur due to unfavorable weather, customs inspections or other factors. We will do our best to provide updates on any delays and work to promptly deliver all orders.
4. Damaged, defective, or incorrectly shipped items must be reported within 3 days of delivery to receive a replacement or refund. We may require return of damaged items prior to issuing refunds.

Returns & Refunds

1. Most unopened products in new condition can be returned within 30 days of delivery for a full refund or exchange. We do not accept returns on certain discounted or final sale items.
2. Opened software, media items, and other digital content cannot be returned for hygiene reasons unless defective.
3. To receive a refund, returned items must be unused with original tags/labels intact. Refunds are provided once items are inspected at our returns facility.
4. Return shipping costs are paid by the customer unless the return is due to our error. Expedited shipping costs are non-refundable.
5. Refunds are provided in the original payment method. For purchases via third parties, refunds will be issued to the account used at the time of purchase.
6. We reserve the right to refuse returns we reasonably believe to be fraudulent or abusive.

Content Submission

1. Any content, information or material submitted to our Service (e.g. photos, comments, ratings, reviews, etc.) may be viewed publicly on our Site and mobile apps. Do not submit any content you wish to remain confidential.
2. You agree that submitted content does not contain any third party copyright material, trademarks, or other proprietary information without express permission from the owner.
3. Submitted content must not be illegal, offensive, pornographic, threatening, discriminatory or otherwise inappropriate. We reserve the right to remove any content at our discretion.
4. By submitting content, you grant us a perpetual, worldwide license to freely use, modify, reproduce, distribute and make it available to the public on our platforms.
5. Ratings and reviews represent the opinions of individual users. We do not guarantee their accuracy, trustworthiness or quality.

Copyright Infringement Claims

We respect the intellectual property rights of others. Anyone who believes their work has been reproduced or distributed on our Service in a way that constitutes copyright infringement should notify us immediately. Please provide the following information:

a. A description of the copyrighted work that you claim has been infringed.

b. The exact URL or location of the alleged infringement.

c. Your name, address, telephone number, and email address.

d. A statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law.

e. A statement by you, made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

f. An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

Trademark Infringement Claims

Please notify us immediately if you believe our Service uses any marks in a way that constitutes trademark infringement. Please provide the following information:

a. Your name, address, telephone number, and email address.

b. A description of the mark(s) that you claim is being infringed.

c. The exact location or URL of the alleged infringement.

d. A statement by you that you have a good faith belief that the disputed use is not authorized by the trademark owner, its agent, or the law.

e. A statement by you, made under penalty of perjury, that the information you have provided is accurate and that you are the trademark owner or authorized to act on the trademark owner’s behalf.

f. An electronic or physical signature of the person authorized to act on behalf of the trademark owner.

Modifications to the Service

We reserve the right at any time to modify or discontinue the Service (or any part thereof) with or without notice to you. We shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

Dispute Resolution

If any controversy or dispute arises in connection with these Terms, we strongly encourage you first to contact us directly to seek a resolution. If an informal resolution does not seem achievable after reasonable efforts, the parties agree to accept the exclusive jurisdiction of courts located in the State of California, United States, to resolve any legal matter arising from these Terms.

Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor A New Day will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Relationship

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created between you and A New Day by these Terms.