Welcome to anewdaysua.com (the “Website”). These Terms and Conditions (“Terms”) govern your access to and use of our Website, which provides information, resources, and product details about A New Day® women’s fashion products, including clothing, shoes, dresses, handbags, and accessories. By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
Usage Agreement
This Usage Agreement constitutes a legally binding contract between you (the “User” or “you”) and anewdaysua.com (“we,” “us,” or “our”). The Website serves as an informational platform dedicated to showcasing A New Day® fashion products, providing style guidance, product specifications, fabric care instructions, and facilitating connections to authorized retail partners where these products may be purchased.
By browsing, accessing, or interacting with any content on anewdaysua.com, you represent that you are at least 18 years of age or have reached the age of majority in your jurisdiction, and that you possess the legal capacity to enter into these Terms. If you are accessing the Website on behalf of an organization or business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
Your continued use of the Website following any modifications to these Terms will constitute your acceptance of such changes. We reserve the right to update, modify, or replace any portion of these Terms at our sole discretion. It is your responsibility to review these Terms periodically for changes.
Agreement to Terms
By accessing anewdaysua.com, you expressly agree to comply with and be bound by these Terms and Conditions, as well as all applicable local, state, national, and international laws and regulations governing internet usage, commercial transactions, and consumer protection. Your agreement extends to our Privacy Policy, which is incorporated herein by reference and governs how we collect, use, and protect your personal information.
If you disagree with any part of these Terms, you must immediately discontinue use of the Website. Your sole remedy for dissatisfaction with the Website, its content, or these Terms is to cease using the Website entirely. Continued use after becoming aware of these Terms constitutes unequivocal acceptance.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion without prior notice or liability. This includes circumstances where we believe user conduct violates these Terms, infringes upon third-party rights, or poses potential harm to our operations, reputation, or other users.
Permitted Use
The content, features, and functionality available on anewdaysua.com are provided solely for your personal, non-commercial, and informational use. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website strictly in accordance with these Terms.
You agree to use the Website only for lawful purposes and in ways that do not infringe upon the rights of others or restrict or inhibit their use and enjoyment of the Website. Prohibited activities include, but are not limited to:
Using automated systems, including robots, spiders, scrapers, or data mining tools to access, monitor, copy, or extract content from the Website without our express written permission. Attempting to interfere with, compromise, or disrupt the integrity, security, or proper functioning of the Website, its servers, or networks connected to the Website. Transmitting viruses, malware, worms, trojan horses, or any other malicious code designed to adversely affect Website operations. Engaging in any conduct that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use of the Website. Attempting to gain unauthorized access to any portion of the Website, user accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means. Using the Website to transmit unsolicited commercial communications, spam, chain letters, or pyramid schemes. Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or organization. Collecting or harvesting any personally identifiable information from the Website, including account names or email addresses, without proper authorization. Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website for commercial purposes without our explicit written consent.
We monitor Website usage and reserve the right to investigate violations of these Terms and to take appropriate legal action, including reporting suspected unlawful activity to law enforcement authorities.
Ownership and Copyright
All content featured on anewdaysua.com, including but not limited to text, graphics, logos, images, photographs, product descriptions, specifications, illustrations, icons, audio clips, video content, data compilations, page layouts, underlying code, software, and design elements, is the exclusive property of anewdaysua.com or our content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The A New Day® brand name, associated logos, product names, and service marks displayed on this Website are trademarks or registered trademarks of their respective owners. Nothing contained on this Website should be construed as granting any license or right to use any trademark without the express written permission of the trademark owner.
The compilation and arrangement of all content on this Website constitutes our exclusive property and is protected by U.S. and international copyright laws. Unauthorized use, reproduction, distribution, modification, public display, or public performance of Website content is strictly prohibited and may result in severe civil and criminal penalties.
You may print or download content from the Website solely for personal, non-commercial use, provided that you maintain all copyright, trademark, and other proprietary notices. Any other use, including reproduction for purposes beyond fair use as defined under copyright law, modification, distribution, transmission, republication, display, or performance of Website content without our prior written consent is strictly prohibited.
External Websites
Anewdaysua.com contains links to third-party websites and online retailers, including but not limited to Target.com, Amazon.com, and other authorized A New Day® product retailers. These links are provided solely for your convenience and to facilitate product purchases. We do not control, endorse, sponsor, recommend, or assume responsibility for the content, products, services, privacy policies, or practices of any third-party websites.
When you click on external links and leave anewdaysua.com, you do so at your own risk. These third-party websites operate under their own terms and conditions and privacy policies, which may differ substantially from ours. We strongly encourage you to review the terms, conditions, and privacy policies of any external website you visit.
We make no representations or warranties regarding the accuracy, completeness, reliability, or suitability of information found on linked websites. We expressly disclaim all liability for any damages, losses, or issues arising from your use of or reliance upon third-party websites, including but not limited to purchases made through such sites, products received, customer service experiences, data breaches, or unauthorized use of your personal information.
The inclusion of any link does not imply our endorsement, approval, or verification of the linked website or its content. We reserve the right to remove links at any time without notice. If you encounter broken links or have concerns about external websites linked from our platform, please contact us at the address provided below.
Affiliate Disclosure and Commission
Anewdaysua.com operates as an informational and affiliate marketing website. We participate in various affiliate advertising programs designed to provide a means for us to earn advertising fees and commissions by linking to retail partners, including but not limited to Target.com and other authorized retailers where A New Day® products are sold.
When you click on certain links displayed on our Website and subsequently make a purchase from a retail partner, we may receive a commission or referral fee from that retailer at no additional cost to you. These affiliate relationships help support the operation and maintenance of this Website, allowing us to continue providing valuable content, style guidance, and product information to our users.
Our affiliate partnerships do not influence our editorial content, product recommendations, or the objectivity of information presented on this Website. We strive to provide honest, accurate, and unbiased information about A New Day® products based on product specifications, aggregated customer reviews, and available data. Product prices, availability, specifications, and promotional offers are determined solely by the retail partners and are subject to change without notice.
We are not responsible for the fulfillment, shipping, returns, exchanges, refunds, customer service, or any other aspect of transactions conducted with retail partners. All purchases are subject to the terms, conditions, and policies of the respective retailer. For questions about orders, shipping status, returns, or product issues, please contact the retailer directly.
By using this Website and clicking on affiliate links, you acknowledge and accept that we may earn commissions from qualifying purchases and that such arrangements do not affect the price you pay for products.
Product Listings and Availability
All product information, descriptions, specifications, images, prices, and availability details displayed on anewdaysua.com are provided for informational purposes only and are subject to change without notice. While we strive to present accurate and up-to-date information about A New Day® products, we cannot guarantee the completeness, accuracy, reliability, or timeliness of such information.
Product images are representative and may not reflect the exact color, texture, or appearance of actual products due to variations in photography, screen settings, manufacturing batches, and individual product characteristics. Actual product colors may vary from images displayed on your monitor or device. Product dimensions, fabric compositions, and care instructions are derived from manufacturer specifications and retail partner data, but we recommend verifying such details with the retailer before purchase.
Pricing information displayed on our Website is sourced from retail partners and may not reflect current prices, promotional discounts, or regional variations. We do not control product pricing and cannot guarantee that prices shown on anewdaysua.com match current retail prices. Always verify pricing, availability, and promotional terms directly with the retailer before completing your purchase.
Product availability is determined solely by retail partners and may vary by location, size, color, and inventory levels. Items featured on our Website may be out of stock, discontinued, or unavailable in certain regions. We do not maintain inventory, fulfill orders, or control stock levels. References to product availability do not constitute a guarantee that products can be purchased.
We reserve the right to correct any errors, inaccuracies, or omissions in product information at any time without prior notice, even after an order has been submitted through a retail partner. We are not liable for any losses or damages resulting from reliance on product information displayed on this Website.
Submissions and Feedback
We welcome your comments, suggestions, feedback, testimonials, reviews, and other communications (“Submissions”) regarding A New Day® products, the Website, or our content. By submitting any content to us through email, contact forms, social media, or any other means, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit such Submissions in any form, medium, or technology now known or later developed.
You represent and warrant that you own or control all rights to your Submissions, that your Submissions are accurate and not misleading, and that use of your Submissions as contemplated by these Terms will not violate any third-party rights or applicable laws. You further agree that we may use your name, likeness, or identifying information in connection with the use of your Submissions without additional compensation.
We are under no obligation to maintain any Submissions in confidence, to pay compensation for any Submissions, or to respond to any Submissions. We reserve the right, but assume no obligation, to monitor, edit, or remove any Submissions that we determine, in our sole discretion, violate these Terms, are potentially harmful, offensive, or otherwise objectionable.
You agree not to submit content that is defamatory, obscene, abusive, threatening, harassing, illegal, or that infringes upon intellectual property rights, privacy rights, or other rights of third parties. We disclaim all liability for user-submitted content and for any claims arising from such content.
No Warranties
THE WEBSITE AND ALL CONTENT, INFORMATION, PRODUCTS, SERVICES, AND MATERIALS PROVIDED THROUGH ANEWDAYSUA.COM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, OR AVAILABILITY.
WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF HARMFUL COMPONENTS OR SECURITY VULNERABILITIES.
WE MAKE NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT, PRODUCT INFORMATION, PRICES, OR AVAILABILITY DATA ON THIS WEBSITE. WE DO NOT WARRANT THAT PRODUCTS PURCHASED THROUGH RETAIL PARTNERS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
Liability Limitations
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANEWDAYSUA.COM, ITS OWNERS, OPERATORS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE.
THIS LIMITATION APPLIES TO DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURY, EMOTIONAL DISTRESS, OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE ARE NOT LIABLE FOR ANY DAMAGES RESULTING FROM PURCHASES MADE THROUGH RETAIL PARTNERS, PRODUCT DEFECTS, DELIVERY ISSUES, RETURNS, CUSTOMER SERVICE PROBLEMS, OR ANY OTHER ISSUES RELATED TO THIRD-PARTY TRANSACTIONS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO SEEK RESOLUTION DIRECTLY WITH THE RETAILER.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIFTY DOLLARS ($50.00).
User Indemnification
You agree to defend, indemnify, and hold harmless anewdaysua.com, its owners, operators, employees, agents, affiliates, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorneys’ fees) arising from: (1) your use of and access to the Website; (2) your violation of any term of these Terms; (3) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; (4) any content or information you submit to the Website; or (5) any willful misconduct on your part.
This indemnification obligation will survive termination of these Terms and your use of the Website. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
Privacy Policy
Your privacy is important to us. Our Privacy Policy, available on this Website, explains how we collect, use, disclose, and protect your personal information when you visit and interact with anewdaysua.com. By using the Website, you consent to the collection and use of your information as described in our Privacy Policy.
We collect certain information automatically when you visit our Website, including your IP address, browser type, device information, pages viewed, and time spent on the Website. We may also collect personal information you voluntarily provide, such as your name and email address when you contact us or subscribe to communications.
We use cookies and similar tracking technologies to enhance your browsing experience, analyze Website traffic, and understand user behavior. You may disable cookies through your browser settings, though doing so may limit certain Website functionality.
We do not sell your personal information to third parties. However, when you click on affiliate links and visit retail partners, those third-party websites may collect information subject to their own privacy policies, over which we have no control.
For complete details on our data practices, please review our full Privacy Policy.
Modifications
We reserve the right to modify, update, or revise these Terms and Conditions at any time without prior notice. Changes will be effective immediately upon posting to the Website. The “Effective Date” at the top of this document indicates when these Terms were last updated.
Your continued use of anewdaysua.com following the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree with any modifications, your sole remedy is to discontinue use of the Website.
We may also modify, suspend, or discontinue any aspect of the Website at any time, including content, features, or availability, without notice or liability. We reserve the right to impose limits on certain features or restrict access to parts or all of the Website without notice or liability.
Access Termination
We reserve the right, in our sole discretion, to terminate, suspend, or restrict your access to all or any part of anewdaysua.com at any time, for any reason or no reason, with or without notice, and without liability. Reasons for termination may include, but are not limited to, violations of these Terms, suspected fraudulent or illegal activity, threats to Website security, or conduct that we deem harmful to other users or our interests.
Upon termination, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification obligations, and liability limitations.
We are not liable to you or any third party for any termination of your access to the Website. Following termination, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website, including technological barriers, IP mapping, and contact with your internet service provider.
Legal Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be instituted exclusively in the federal or state courts located in Mariposa County, California.
You agree to submit to the personal and exclusive jurisdiction of these courts and waive any objection to such jurisdiction or venue. This choice of jurisdiction does not prevent us from seeking injunctive relief in any jurisdiction with respect to violations of intellectual property rights or confidentiality obligations.
If any dispute arises between you and anewdaysua.com, we encourage you to contact us first to seek informal resolution. You agree that any claim or cause of action arising out of these Terms or your use of the Website must be filed within one year after such claim or cause of action arose, or it will be forever barred.
Severability Clause
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent. If modification is not possible, the invalid provision shall be severed from these Terms.
The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms. The remaining provisions shall continue in full force and effect and shall be construed as if the invalid or unenforceable provision had never been included.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by us. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
Questions About These Terms
If you have any questions, concerns, or comments regarding these Terms and Conditions, or if you need further clarification about your rights and obligations when using anewdaysua.com, please contact us using the information below:
Address: 9985 Ernst Rd, Coulterville, CA 95311
Phone: (530) 470-9111
Email: [[email protected]]