terms and conditions
Newday Generation. newdayMP.com is a retail website owned by newday management llc. By accessing the newdayMP.com website, you agree to be bound by this website’s terms and conditions, all applicable laws and regulations, and you accept responsibility for compliance with all applicable local laws. If you do not agree with any of these terms, do not access or use newdayMP.com. The materials contained in this website are protected by applicable copyright and trademark laws. newdayMP.com is a retail website intended for use by individuals or businesses that intend to review and purchase goods and engage in retail relationships or transactions via the internet. All users of this website agreement are not to use any product descriptions or other text-related media from newdayMP.com without the express permission of Newday Management. Users agree not to use any product descriptions or digital media from newdayMP.com for any commercial purpose or any public display.In order to protect the relationships Newday forges with customers and business partners, newday management forbids any third party entity from opting out of newday’s promotional and marketing services on behalf of another without newday’s permission.
limits on purchases
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of newday generation merchandise including all retail purchases.
intellectual property
newday management is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The newday generation logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, and/or other intellectual property in such materials (collectively, “Newday Intellectual Property”) are owned by Newday Management and may be registered in the United States and internationally. You agree not to display or use Newday Intellectual Property in any manner without Newday`s prior permission. Nothing on the Site should be construed to grant any license or right to use any Newday Intellectual Property without the prior written consent of Newday Management.
disclaimer
newdayMP.com and all contents of the website are provided on an “as is” basis without warranties of any kind,whether express or implied, including without limitation warranties of title or implied warranties of merchantability,noninfringement, or suitability for a particular purpose. You acknowledge, by your use of this website, that your use of newdayMP.com is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website, and that Newday in no event shall be liable for any damages of any kind arising out of your use of this website. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
inaccuracies and revisions
Occasionally, newdayMP.com may contain technical, typographical, or other errors or omissions of fact relating to our products, prices, or availability. In addition, though Newday strives to make photographic depictions as accurate as possible concerning resolution and color, the colors and details you see will ultimately depend on your monitor settings, and we cannot guarantee that your monitor’s display of any color or detail will be accurate. Newday reserves the right to make any corrections necessary at any time without prior notice—including after an order has been submitted—to improve the accuracy of product information or other information on our website. Newday may make changes to the materials contained on its website at any time without notice.
indemnity
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold Newday Management and its affiliates, directors, officers, employees, and agents harmless from any and all claims, liabilities, damages,costs and expenses, including attorney’s fees arising from, related to, or in connection with your use of the website, our violation of the Terms or the posting or transmission of any materials on or through the website by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.
comments and Feedback
Newday Management is pleased to hear from users and welcomes your comments regarding our products and services. Newday’s company policy does not allow us to accept or consider creative ideas, suggestions, proposals,plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Newday’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example, contest entries, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Newday Management may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. Newday Management is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Newday has the right but not the obligation to monitor and edit or remove any Comments.
product merchants
Product Merchants are independent contractors. As such, they assume all risk and responsibility for the operation of their independent businesses. They are solely responsible for the collection and reporting of all state sales tax,federal tax, and personal property tax. Newday Management accepts no responsibility for any business losses,expenses, or investments.
legal disputes
YOU AND Newday Management AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Newday, its agents, employees, officers, directors, principals, successors, assigns,subsidiaries or affiliates (collectively for purposes of this section, Newday) arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration administered by the American Arbitration Association (AAA). Prior to initiating any arbitration, the initiating party will give the other party at least 60 days advanced written notice of its intent to file for arbitration. Newday will provide such notice by email to your email address on file with Newday and you must provide such notice by email to customerservice@newdayMP.com.
During such [60 day notice period], the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Newday and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Newday nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
terms of use may change
Newday Management may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the most current version of these terms and conditions of use, therefore Newday urges all users to review this terms and conditions of use section whenever they purchase from or use this website. The date of the most recent updates or revisions to our terms and conditions are found at the bottom of this page.
governing law
Any claim relating to Newday’s website shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.
privacy policy:
Newday Management respects your privacy and we are committed to maintaining and using this information responsibly. This privacy policy addresses the use and disclosure of personal information we collect from you.By visiting our website, or providing your information to us, you are accepting and consenting to the practices described in this privacy policy.
Newday collects customer information in an effort to improve our customers shopping experience, to communicate with our customers about our products, services and promotions, and to enhance and improve the performance and accuracy of our operations and website. We collect information such as your name, email and postal address and credit card numbers that you provide to us when you place an order, when you save your information with us or when you participate in a promotion. We may use information online to process and fulfill your order. We also collect email addresses at various locations within the site including when you order from the site so that we can send you any necessary email messages. We may also contact you with marketing and promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications, please follow the unsubscribe instructions provided in any of the communications or contact us at customerservice@newdayMP.com. In addition, we maintain a record of your product interests, purchases and whatever else might enable us to enhance and personalize your shopping experience.
We do not share or sell your personal information to third party companies. In the unlikely event of a sale of our business, Newday Management may disclose your personal information to a purchaser that agrees to a bide by the terms and conditions of this privacy policy.
Newday works to protect the security of your information during order transmission by using several security measures. While we implement security measures on our site, please note that 100% security is not always possible. You play a role in protecting your information as well. Because your password permits access to your personal information, please keep your password secret and do not disclose it to others.
From time to time, we may review and revise our privacy policy. We reserve the right to change our privacy policy at any time and to notify you by publishing an updated version of the policy on the newdaygen website.
newdayMP.com and newday generation are divisions of newday management.
Your privacy is important to us and we are committed to protecting your privacy. In order to help our customers better understand our policies regarding the collection and use of your personal information, your options regarding the collec tion, use and disclosure of your personal information, and steps we have taken to secure your personal information. We have created this standardized Privacy Policy as well as Terms of Use that apply to our company. By visiting the Site directly or through another site, you accept the practices described in this Privacy Policy. We are not responsible for the content or privacy practices on any web site not operated by newday management LLC.
What Information Do We Collect?
We collect Personal Information about users of the Site in the normal course of business. Personal Information is information you provide that identifies you or that could be used to identify you. For example, if you register on our Site you will provide to us your name, address, and email address. You may also provide personal information when you participate in surveys, enter a contest or participate in social networking sites linked to our Site. If you place an order, you submit your phone number and credit card or other payment related information. Credit card information submitted for international orders is provided only to our shipping partner and is not provided to us. To purchase age-restricted products you must also provide your birth date. If you choose not to provide such information you may not be able to purchase products from us or access certain services and/or portions of our Sites. Personal information does not include aggregate information or de-identified information. Examples of aggregate information include data that shows how many times a product was viewed before being purchased. We automatically collect certain information when you use the Site, such as your Internet Protocol (IP) address, your operation system, the browser type, and your activity on our Site. If you reached our Site by clicking on a link or ad on another site, we also log that information. This helps us analyze product interest and improve our product offerings. If the information collected is linked to personally identifiable information, we treat it as Personal Information, but generally this data is only used in the aggregate form. For international shipments, some destinations outside the United States require us to collect special import identification numbers prior to check out. This information is required to process your order through customs and deliver your order, and is used only for that purpose. We collect information you voluntarily submit when participating in one of our various services, promotions, programs or surveys. From your transactions and other interactions with us, we obtain information concerning the specific products or services you purchase or use. We also receive information about you from other companies, including, but not limited to informa tion on your creditworthiness for branded private label credit card offers and products you may be interested in purchasing.
How Do We Use the Information Collected?
You information is used to process and complete your purchase transactions and provide the products and services you request; to send you catalogs and other offerings by mail; to contact you about the status of your orders; to identify your product and service prefe rences, so that you can be informed of new or additional products, services, and promotions that might be of interest to you. Interna tional customers must agree to receive the information by checking the appropriate box (Opt In) during the checkout process (see also Third Party Advertising below); to notify you of product recalls or provide other information concerning products you have purchased; to improve our merchandise selections, customer service, and overall customer shopping experience; and for third-party advertising. As an example, Facebook collects certain information via cookies and web beacons to determine which web pages are visited or what products are purchased. Please note that any information collected by Facebook via cookies and web beacons is not linked to any customer’s per sonal information collected by us.
Legal Disclosures:
If we are required to disclose customer information pursuant to lawful requests, such as subpoenas or court orders, in response to law enforcement inquiry or in compliance with applicable laws, we will make such disclosure. We also reserve the right to share information with legal authorities and other companies for purposes of fraud protection. In the event the ownership of all or a part of a business were to change, customer information pertinent to that business’s operations would likely be transferred to, or licensed for use by, the new owner.
Do We Use Third Party Advertising?
We use third-party advertising companies to serve our ads across the Internet and sometimes on this Site. These companies collect anonymous (i.e., non-personally identifiable) information about your visits to our Site and your interaction with our products and services in order to serve more relevant ads. These targeted advertisements may appear on our Site or on other websites that you visit. The anonymous information is collected through the use of pixel tags, cookies, or other techniques. No personally identifiable information is collected in this process. We hope you find the display of advertising to you valuable. If you are receiving third party advertising and you do not want these companies to collect this information, you may opt-out.
How to Access and Correct Information Collected?
You can update or correct your name, address, telephone number or email address anytime by visiting our websites and sending us an email. You can also call, write, fax or email us to access or correct any of this information.
Newday Management
PO BOX 90924
atlanta, georgia 30364
We will make every effort to implement any choice you make as soon as possible, but you should allow approximately three months for mailing change requests to be fully implemented. Any mailings that you may receive during this time do not reflect your subscription status, and we ask that you please disregard them.
How to Unsubscribe from an Email Marketing List
To stop receiving promotional emails from our Brands or to request that non-email information be shared with third parties for market ing purposes, send an email request via our website email system. Please know that it may take up to 30 days to remove you from our emailing solicitation lists. If you choose to be removed from our emailing solicitation lists you will still continue to receive order and confirmation emails as well as emails relating to your other transactions.
How Secure Is My Online Transaction?
Your transaction information is secure. We use sophisticated technology to provide a safe and secure shopping experience. We encrypt your personal information, including your name, address, and credit card number when transmitting over the Internet using Secure Socket Layer (SSL) security software. We update our security procedures and enhance our Site to meet encryption standards. All of your sensitive infor mation is scrambled before, during and after your order is placed on our Site. PLEASE NOTE THAT TRANSACTIONAL AND PROMOTIONAL EMAIL AND SOCIAL MEDIA SITE COMMUNICATIONS ARE NOT ENCRYPTED AND THUS ARE NOT A SECURE MEANS FOR TRANSMITTING CREDIT CARD INFORMATION OR ANY PERSONAL INFORMATION YOU WISH TO KEEP PRIVATE AND SECURE. Do We Use Cookies?
Yes. We use cookies to enhance your browsing and shopping experience. Cookies are small files or records that we place on your computer‘s hard drive to collect information about your activities on our Sites. There is no personally identifiable information stored anywhere in these files, and they are used by us to enhance your shopping experience and to allow us to serve you better in the future. Cookies transmit information back to our computers and to third party partners with products and services that may be of interest to you. The information cap tured via technologies such as cookies makes it possible for us (i) to speed navigation, keep track of items in your shopping cart, and pro vide you with custom tailored content; (ii) to remember information you gave to us so you don‘t have to reenter it each time you visit our Sites; (iii) to monitor the effectiveness of some of our marketing email campaigns; (iv) to monitor total number of visitors, pages viewed, and the total number of visitors served; and (v) to provide you with enhanced online display advertising tailored to your interests. To opt out of advertising provided by us,click here. The information collected and used by these processes is anonymous. If you wish to block, erase, or be warned about cookies, that must be done through changes to your browser. If you choose to block, reject or remove cookies, it could affect your ability to use our Site. You will still be able to browse our selection, but will not be able to place orders on our Site. More over, by not allowing cookies, your overall Internet browsing experience could be adversely affected.
Do We Aggregate Information?
Yes. We collect non-personal information about how users navigate through our Sites. This statistical information is gathered in order to improve our Sites. This aggregated statistical and navigational information does not include individual names, personal data or account in formation, so it does not identify you or any other customer.
What Is Our Policy with Respect to Data Collection from Children?
We take care to protect the privacy and safety of children. Our Sites are not directed or targeted to children under the age of 15 and we do not knowingly collect any personal information from children under the age of 15 on our Sites. We do not permit anyone under the age of 15 to register with us. If you are underage, you are welcome to browse our Sites. However, you are not permitted to use any fea tures of our Site that requires the collection of any personally identifiable information. If we learn that we have obtained personal information from a child under the age of 15, we will use reasonable efforts to immediately delete that data from our records.
Does This Privacy Policy Apply to Social Media Sites?
These terms, in addition to our Terms of Use, apply to users of social media sites managed by us and hosted by third-party providers (e.g., Facebook.com, Twitter.com, LinkedIn.com, etc.) (“Social Media Hosts”). Any suggestions, materials (including without limitation, images, photographs, videos, and sound recordings), ideas or comments submitted to us (“Submitted Materials”) shall be deemed as not confidential. By providing Submitted Materials you grant us an irrevocable and unrestricted license to use, modify, reproduce, trans mit, display and distribute such Submitted Materials for any purpose whatsoever, and you represent and warrant to us that no such Sub mitted Materials violate or infringe upon any copyright, trademark, or any other intellectual property or other rights (including but not limited to defamation or invasion of privacy) of any person or entity. All such Submitted Materials are subject to the DMCA notice- and-take-down procedure described in our Terms of Use. We ask users of our social media sites to be respectful of the larger community by complying with the terms and policies of each Social Media Host. We appreciate and encourage users to contribute comments that are respectful and further discussion on our social media sites, but ask that users avoid making comments that might be considered:
confrontational; offensive; discriminatory; profane; off-topic; spam (i.e., unsolicited promotion of a third-party business); anonymous; misleading; or fake. We reserve the right to remove comments or content on our social media sites that fit into any one of the above cate gories, or for any other reason, to preserve the integrity of our social media sites. We may block further posting on our social media sites by any individual who violates this Privacy Policy or our Terms of Use. We claim no liability in any way connected to the use of or access to our social media sites.