New Day Creative’s
Privacy and Terms and Conditions


Privacy Policy

Your Privacy

Neither New Day Creative, LLC, nor any subsidiary or other affiliate of New Day Creative will be liable for the obligations, or entitled to the benefits of, any other subsidiary or affiliate of New Day Creative, except as may be expressly provided by a duly authorized and executed, legally enforceable written agreement. Solely for reasons of convenience, the terms “New Day Creative”, “Company”, “we”, “us”, and “our” are used herein to refer individually and collectively to New Day Creative and its various affiliates and subsidiaries. For purposes of this Privacy Policy, the terms “New Day Creative”, “Company”, “we”, “us”, and “our” may also refer to contractors and service providers engaged by New Day Creative to support its business activities, as the context may require. The terms “you”, “your” and “yours” refer to any natural person who accesses or uses the Website for business, personal, family, or household purposes.

It is the priority of New Day Creative that visitors have a secure experience when using our website. We will herein explain the measures we take to preventing unauthorized disclosure of information you may provide as you visit the Website. New Day Creative has adopted this privacy policy (the “Privacy Policy”) to explain our commitment to your privacy, and this Privacy Policy applies to the personal and other information our company collects on our website and other websites, apps, or online services owned, operated, or otherwise controlled by New Day Creative that provide a link to this Privacy Policy, and all products, features, and content available on such websites, apps, or online services (collectively, the “Website”). This Privacy Policy will not apply to the extent that you navigate to a third-party website linked from the Website. By using or accessing the Website, or by actively submitting information, you confirm your agreement to the terms of this Privacy Policy as may be in effect at that time. Please refer back to this link to review the contents of this Privacy Policy frequently, as we may change it from time to time to reflect changes in our services and our policies relating to customer Personal Information (as hereinafter defined). Changes and amendments are effective when posted on the Website. We will not provide you with a notice of any change in this Privacy Policy other than posting the amended Privacy Policy at this link. It is your responsibility to monitor and review any changes to the Privacy Policy.

This Privacy Policy explains how we collect, maintain, share and protect your Personal Information collected through the Website. This Privacy Policy also lets you know about the privacy choices you have and how you can manage them to get the most from your relationship with us. This Privacy Policy does not apply to information you may have given us offline, such as by telephone or in person. This Privacy Policy also applies to web- and app-based programs, products and services that we make available or may make available in the future in partnership with third-party companies not affiliated with us. Third-party companies often have their own online privacy policies that will apply to those same programs. We encourage you to review all of the privacy policies associated with the programs, products and services you use on the web.

This Privacy Policy supplements, but does not replace, the general Website Terms of Use for the use of the Website. In the event of a conflict between the terms of this Privacy Policy and the terms of the general Website Terms of Use, the terms of this Privacy Policy will govern and control with respect to the matters addressed in this Privacy Policy. Certain websites of entities affiliated with New Day Creative may have separate privacy notices or terms and conditions that are specific to those websites, and when you use or access such websites those separate privacy notices or terms and conditions will apply and will control in the event of a conflict with the terms of this Privacy Policy.

1. Categories of Information We Collect and Why

We may collect and use both Personal Information and Anonymous Information (as described below) by and through the Website. For purposes of this Privacy Policy, “Personal Information” means any information or combination of information that we collect or use by or through the Website that identifies you personally, and “Anonymous Information” means information that we collect or use by or through the Website that does not identify you personally or contain personal identifiers about you. Personal Information may include, for example, your name, home address, email address, telephone number, details of transactions you carry out through our Website, financial information or other personal information. Anonymous Information may include, for example, information about your device or internet browser, information obtained from cookies that have been placed on your device or internet browser at the Website or at other websites you have visited, demographic information, aggregated information, blind information about how you use our Website and about the transactions you perform using our Website, and other information obtained through your access to or use of the Website that does not identify you personally. We may supplement the information we collect from you with information we receive about you from other sources.

2. How New Day Creative Collects, Uses and Shares Your Information

a. There may be instances where you may choose to communicate with us by e-mail. If you communicate with New Day Creative by e-mail, then you agree that e-mail sent by New Day Creative to you will be considered to be sent with your consent. You acknowledge and agree that any such email will be accessible to anyone who has access to your e-mail.

b. We may use Personal Information for the following purposes:

(i) To contact you to respond to an inquiry that you send to us;

(ii) To keep you informed about New Day Creative and the services we provide;

(iii) To send administrative information to you, such as information regarding the Website and changes to our terms, conditions and policies;

(iv) To send you marketing communications that we believe may be of interest to you;

(v) As you agree, authorize, or consent to agreements, or as you accept in connection with products and services you obtain from us;

(vi) For our business purposes, including (but not limited to) such purposes as (1) data analysis, (2) audits, (3) new product or service development, (4) enhancing, improving or modifying our products and services, (5) identifying usage trends, (6) determining the effectiveness of our promotional campaigns, and (7) operating and expanding our business activities; and

(vii) As we believe in our sole discretion to be necessary or appropriate (1) under applicable law, (2) to comply with legal process and otherwise to comply with applicable laws, rules and regulations, (3) to respond to lawful requests from public and government authorities, (4) to enforce our terms and conditions, (5) to protect our operations or those of any of our affiliates, (6) to protect our rights, privacy, safety or property, or that of our affiliates, you or others, and (7) to allow us to pursue available remedies or limit the damages that we may sustain.

c. We do not sell, rent, trade, share, license or otherwise disclose your specific Personal Information to anyone other than to New Day Creative’s affiliates, except:

(i) We also may disclose such information in response to requests from law enforcement officials conducting investigations; subpoenas; court orders; or, if we are otherwise required to disclose such information by law. We also will release Personal Information where disclosure is necessary to protect our legal rights, enforce our Terms of Use or other agreements, or to protect ourselves or others. For example, we may share information to reduce the risk of fraud or if someone uses or attempts to use the Website for illegal reasons or to commit fraud.

(ii) We may also disclose such information to third parties in situations where such disclosure is necessary to (1) comply with our regulators, (2) enable our company’s employees or consultants to provide service to you and to otherwise perform their duties, (3) comply with interchange functions, or (4) resolve customer disputes or inquiries. We do not sell your Personal Information to third parties for telemarketing, e-mail or direct mail solicitation of third-party products or services.

d. You are responsible for all activity on the Website accessed by your user name and password. You agree that the protection of the confidentiality of your user name and password is your responsibility.

e. New Day Creative employees, as well as consultants engaged by New Day Creative may have access to your Personal Information. That access to your Personal Information by such individuals is limited to only information necessary to allow such employees or consultants to perform their duties.

3. How New Day Creative Collects, Uses and Shares Your Anonymous Information

a. How We Use IP Addresses. An Internet Protocol (“IP”) address is a number automatically assigned to your computer every time you browse the Internet. When you visit the Website, our servers log your current IP address. We may use your IP address to help diagnose problems with our servers and to administer the Website. While we gather data when our servers log your IP address, we do not tie your IP address to your Personal Information, and it is not used to identify you.

b. How We Use Cookies and Tags. This website may involve use of a mechanism called “cookies.” A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website's computers and stored on your computer's hard drive, if your browser settings permit it. This site may also involve use of “tags.” A tag is an object that is embedded in a web page or email and is usually invisible to the user but allows checking that a user has viewed the page or email. Tags are commonly used for email tracking and page tagging for Web analytics. THE WEBSITE’S COOKIES AND TAGS DO NOT AND CANNOT INFILTRATE A USER’S HARD DRIVE TO GATHER A USER’S PERSONAL INFORMATION. Our cookies and tags are not “spyware.”

We use cookies and tags to collect information about usage of the Website, such as the number of visitors to the Website and the number of users that click on certain links or that use certain services. We do not tie the Anonymous Information that we collect to your Personal Information. For example, we use cookies and tags to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and Website interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help New Day Creative conduct and improve its business.

If you do not agree to this use of cookies you can adjust your browser settings to reject all cookies (each browser is different, so check the “Help” menu of your browser to learn how to do this). However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. Alternatively, you can choose not to use the Website.

c. We may use third-party advertising companies to help tailor site content to users or to serve ads on our behalf. These companies may employ cookies and tags to measure advertising effectiveness (such as which web pages are visited). And, this data in an aggregate form may be used by New Day Creative for marketing, advertising, or other uses. Any information that these third parties collect via cookies and tags is not linked to any personal information collected by us.

d. We may use, disclose, and share Anonymous Information as described in this Privacy Policy or for any other purpose, subject to the requirements and restrictions of applicable law. If we combine Anonymous Information with Personal Information (such as combining your name with your geographical location), we will treat that Anonymous Information as Personal Information for so long as it is combined with Personal Information.

4. Links

While browsing the Website, you may encounter links to other third-party operated websites. If you click on one of these hypertext links to view one of these third-party operated websites, then these other third-party websites may send their own cookies to you, log your IP address, and otherwise collect data or solicit Personal Information. NEW DAY CREATIVE DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT THIRD PARTIES DO IN CONNECTION WITH THEIR WEBSITES, OR HOW THEY HANDLE YOUR PERSONAL INFORMATION. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES AND TERMS OF USE POSTED ON EACH THIRD-PARTY WEBSITE FOR FURTHER INFORMATION.

5. Social Media

We may from time to time use social media websites and applications (e.g., Facebook®, Twitter®, YouTube® and LinkedIn®) to interact with you and to communicate information about us and about our products and services. We may collect information from our interactions with you at such social media websites and applications, and we may use the information for the purposes and uses described in this Privacy Policy. If we disclose any terms of use at specific social media pages that we manage, you also will be subject to those terms when you interact with those pages. The owners and operators of social media websites and applications may impose their own terms of use and privacy policies with respect to the use of their websites and applications. This Privacy Policy does not govern the use, handling, and treatment of content you may post at social media websites and applications by the owners and operators of those websites and applications. You should review the terms of use and privacy policies of any social media website or application that you use to make sure you understand your rights and obligations with regard to content that you post.

6. Children’s Privacy Online

We understand children’s privacy is important. Our Website is not directed to children under the age of 13. If you are under the age of 13, then you should not submit Personal Information on the Website or any websites without the consent of your parent or guardian.

If you should have any questions about this Privacy Policy, please contact New Day Creative using the contact form, phone number, or mailing address provided within our Contact page.


Terms & Conditions

Acceptance of the Terms of Use


Neither New Day Creative, LLC, nor any subsidiary or other affiliate of New Day Creative will be held liable for the obligations, or entitled to the benefits of, any other subsidiary or affiliate of New Day Creative, except as may be expressly provided by a duly authorized and executed, legally enforceable written agreement. Solely for reasons of convenience, the terms “New Day Creative”, “Company”, “we”, “us”, and “our” are used herein to refer individually and collectively to New Day Creative and its various affiliates and subsidiaries. For purposes of these Terms of Use, the terms “New Day Creative”, “Company”, “we”, “us”, and “our” may also refer to contractors and service providers engaged by New Day Creative to support its business activities, as the context may require. The terms “you”, “your” and “yours” refer to any natural person who accesses or uses the Website for business, personal, family, or household purposes.

These terms of use are entered into by and between you and New Day Creative. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of http://www.NewDayCreative.co and other websites, apps, or online services owned, operated, or otherwise controlled by New Day Creative that provide a link to these Terms of Use, and all products, features, and content available on such websites, apps, or online services (collectively, the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:

Making all arrangements necessary for you to have access to the Website.

Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.

Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

Delete or alter , or reuse any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

New Day Creative and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

Use any robot, cancelbot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Website.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.

Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of Ohio in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in Richland County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and New Day Creative with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by New Day Creative, 28 Park Avenue West, Suite 702, Mansfield, Ohio 44902.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to New Day Creative using the contact form, phone number, or mailing address provided within our Contact page.