You may use this Site only for legitimate shopping purposes or to communicate with us. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site‘s systems, spoofing or faking email headers or slowing or stopping the functionality of the Site. In the event you register and/or purchase product, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or we suspect, for any reason, that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse any and all current or future use of the Site. To register on our site you will create a password and account designation. You are responsible for all activities that occur under your password or account and you are responsible for maintaining the confidentiality of the password, the account, and for restricting access to your computer. If you are under the age of 18, you may use the Site only with involvement of a parent or legal guardian. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
RISK OF LOSS
Items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and the title for such items pass to you upon our delivery to the carrier.
RESTRICTIONS ON USE OF MATERIALS
This Site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by us, our related entities, parents and our licensors or licensees. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of this Site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.
THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS, AND ALL MATERIALS CONTAINED ON THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS, INCLUDING ANY OF OTHER SERVICES, ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT: (A) THE CONTENTS OF THIS SITE OR ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS (INCLUDING PRICING, DESCRIPTION AND OTHER PRODUCT INFORMATION) WILL BE ACCURATE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT ANY ERRORS IN SUCH CONTENTS WILL BE CORRECTED; OR MISTAKES IN PRICING OR OTHER PRODUCT DETAILS WILL BE HONORED; (B) THAT THIS SITE, ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS OR THE SERVERS THAT MAKE SUCH SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THAT YOUR USE OF THIS SITE OR OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS WILL BE UNINTERRUPTED. DESPITE OUR BEST EFFORTS, FROM TIME TO TIME ITEMS ON THIS SITE OR ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS MAY BE MISPRICED. IF AN ITEM’S CORRECT PRICE IS HIGHER THAN THE LISTED PRICE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CANCEL YOUR ORDER AND NOTIFY YOU OF SUCH CANCELLATION. IF A PRODUCT OFFERED ON THIS SITE OR ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE OR ITS CONTENTS, OR ANY OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SITE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WORLD WIDE WEBSITES OR RESOURCES. BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE 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 SITE OR RESOURCE.
You agree to indemnify, defend, and hold harmless, New Me Everydays Brands its affiliates, parents, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys‘ fees, resulting from any violation of this agreement by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
No purchase necessary to win;
Any applicable taxes are to be paid by Promotion winner;
Void where prohibited;
Eligibility limited to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older;
Employees of New Me Everydays Brands, its parent, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win;
Our decisions and/or the decisions of judges with respect to any aspect of the Promotion are final;
Judges, if any, are qualified;
We are not responsible for lost, late, misdirected, incomplete, inaccurate, delayed, garbled, stolen or illegible entries or postage-due mail;
Entries in excess of the stated entry limitations will be void;
Mass entries or mechanical reproductions are void;
Prizes cannot be transferred, redeemed for cash or substituted, except by New Me Everydays Brands who reserves the right to substitute a prize of comparable or greater value;
Prizes will not be awarded if we do not receive a sufficient number of eligible and qualified entries;
Entries must be original and become the property of New Me Everydays Brands upon submission; and
We reserve the right to verify eligibility qualifications of any potential winner and such potential winner agrees to cooperate in such verification when asked.
A person who accepts a prize as a winner in any Promotion (as defined below), or posts Submitted Materials to any of our social media websites, except where legally prohibited, such person grants permission for us and our designees to use his/her name, address (city and state), photograph, voice and/or other likeness and, if applicable, prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
SOCIAL MEDIA SITES AND MOBILE SITES
We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.
JURISDICTION AND GOVERNING LAW
DISPUTES AND ARBITRATION AGREEMENT
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless we both agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described below. Without limiting the foregoing, if for any reason a claim proceeds in court rather than in arbitration, WE EACH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s (“AAA”) rules, except as provided in this section. If your total claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
If a dispute arises, we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly.
If you elect to send us a counter-notice, to be effective, your counter-notice must be a written communication to our designated agent that complies with Section 512(g)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your counter-notice must include substantially the following:
A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber‘s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber‘s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
Placing an International Order
We gladly accept orders from all around the globe and can ship eligible products to certain countries so long as the billing address and “ship to” address are the same. Available product lines, shipping rates and fees may vary depending on the delivery address for your order.
Placing an order for international shipping requires the customer to log-in to their customer account. The customer account stores your email address, login and payment method. Please remember to always log-in to your customer account when shopping and placing an order with us. If you have difficulty with your order, please contact Customer Service as described below
Once you login to your account, you can begin shopping. Most items that are not eligible to be shipped outside of the US will be removed from your shopping bag automatically or once you begin the checkout process. If any ineligible items remain you will be notified at checkout that certain items must be removed from your Shopping Bag due to weight, size (for example, too large to ship in one package) and/or import/export laws and regulations. To proceed with checkout, you must remove those items from your Shopping Bag.
If additional personal identifiable information is required by customs, any administrative or governmental authority or any other party, i-parcel or its agent may request this information so your items can be delivered. Such information will only be used for the purpose of processing and delivering your order. If you do not agree to these terms and do not provide the information, your order cannot be processed nor can it be delivered.
Once your order is complete, we will ship your order to i-parcel. i-parcel will ship the order to you. If i-parcel experiences any issues in processing and delivering your order they will notify you at the email address provided at checkout. Please be sure your address and email information is provided correctly at checkout. In the event that i-parcel cannot deliver your order (for example, an incomplete or incorrect physical address) your order will be cancelled and we will refund the merchandise price of items ordered. Shipping, handling and import fees and duties will not be refunded.
i-parcel can only ship to the “bill to” address; they cannot ship to multiple addresses. When ordering items as a gift, the items must be delivered to the bill to address. The “bill to” and the “ship to” address must match for all merchandise shipped outside of the US.
Customer Service for International Orders
Email is the easiest way for international customers to reach us. Please use the email links for the applicable brand provided below. Should you need to reach us by phone, you can contact a customer service representative during our business hours by calling the numbers listed below. Our customer service representatives can assist you in English or Spanish, no other languages are supported at this time. Please check and use the country code applicable to your location or device prior to calling.