Terms of Service
Terms of Service for NightlyRest.com
Welcome to NightlyRest.com. These Terms of Service (“Terms”) govern your use of our website located at www.nightlyrest.com (the “Site”) and the services provided by NightlyRest.com (“we,” “us,” or “our”). By accessing or using our Site, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Site.
1. Use of the Site
1.1 Eligibility: You must be at least 18 years old to use our Site. By using our Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
1.2 Account Registration: To access certain features of our Site, you may need to register for an account. You agree to provide accurate and complete information when registering for an account and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.
1.3 Prohibited Activities: You agree not to use the Site for any unlawful purpose or in any way that could harm, disable, overburden, or impair the Site. This includes, but is not limited to, the following:
Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Site
Impersonating any person or entity or misrepresenting your affiliation with any person or entity
Uploading or transmitting viruses or other harmful code
Attempting to gain unauthorized access to the Site or any networks, servers, or computer systems connected to the Site
2. Products and Services
2.1 Product Descriptions: We strive to provide accurate descriptions of our products and services. However, we do not warrant that the descriptions are complete, current, or error-free. If a product or service offered by us is not as described, your sole remedy is to return it in unused condition.
2.2 Pricing: All prices are subject to change without notice. Prices stated at the time of purchase apply. We reserve the right to correct any pricing errors.
2.3 Orders: We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order.
3. Payments and Billing
3.1 Payment Methods: We accept various payment methods, including credit cards and PayPal. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your purchase.
3.2 Billing Information: You agree to provide current, complete, and accurate billing information for all purchases made through our Site. You agree to promptly update your billing information to keep your account current and accurate.
4. Shipping and Returns
4.1 Shipping: We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. Title and risk of loss pass to you upon our transfer of the products to the carrier.
4.2 Returns: Our return policy is available on our Site. Please review the policy for details on how to return products purchased from us.
5. Intellectual Property
5.1 Ownership: All content on the Site, including text, graphics, logos, images, and software, is the property of NightlyRest.com or its content suppliers and is protected by international copyright laws.
5.2 License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent.
6. Limitation of Liability
To the fullest extent permitted by law, NightlyRest.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use, or alteration of your transmissions or content.
7. Indemnification
You agree to indemnify, defend, and hold harmless NightlyRest.com, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site, any user postings made by you, your violation of any terms of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. NightlyRest.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NightlyRest.com in asserting any available defenses.
8. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms.