Agreement to Terms
By accessing or using the NightSip website (https://thenightsip.com), operated by NightSip Inc. (“NightSip,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or purchase our products.
Age Restriction
You must be at least 18 years of age to use this website or purchase our products. By using our website, you represent and warrant that you are at least 18 years old.
Products & FDA Disclaimer
NightSip is a functional beverage designed for oral care purposes. These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. Individual results may vary. Please consult with your healthcare provider if you have any concerns about using NightSip.
Orders and Payment
- All prices are listed in USD and are subject to change
- We reserve the right to refuse or cancel any order
- Payment is processed securely through Stripe
- You agree to provide accurate payment information
Shipping
We currently ship within the United States. Shipping times and costs are displayed at checkout. We are not responsible for delays caused by shipping carriers or customs.
Returns and Refunds
We offer a 60-Day Money-Back Guarantee. If you're not satisfied with NightSip for any reason, contact us within 60 days of your purchase for a full refund. No questions asked.
If you receive a damaged or defective product, please contact us immediately for a replacement or refund.
Intellectual Property
All content on this website, including text, images, logos, and trademarks, is the property of NightSip Inc. and is protected by intellectual property laws. You may not use our content without prior written permission.
Limitation of Liability
NightSip Inc. shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our website or products. Our total liability shall not exceed the amount you paid for the product in question.
Small Claims Exception
Notwithstanding the above, either party may bring an individual action in small claims court if the claim qualifies under the court's jurisdictional limits and is brought in an individual (non-class, non-representative) capacity.
Opt-Out Right
You may opt out of this arbitration agreement by sending written notice to legal@thenightsip.com within thirty (30) days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out. If you opt out, all other provisions of these Terms continue to apply.
Appeal Rights
Arbitration decisions are generally final and binding. However, you retain the limited rights of appeal provided under the Federal Arbitration Act (9 U.S.C. § 10), including grounds for vacatur such as arbitrator misconduct or the arbitrator exceeding their authority. You may also request a written, reasoned award from the arbitrator.
Dispute Resolution & Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our website or products shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration shall take place in Miami-Dade County, Florida.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us individually. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida.
Changes to Terms
We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of the website constitutes acceptance of the modified terms.
Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Indemnification
You agree to indemnify, defend, and hold harmless NightSip Inc., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or in any way connected with your access to or use of the Site or Products, your violation of these Terms, or your violation of any rights of a third party.
Force Majeure
NightSip will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, supply chain disruptions, government actions, or any other force majeure event.
Prohibited Conduct
You agree not to:
- Use the Site for any unlawful purpose or in violation of any applicable laws
- Attempt to gain unauthorized access to any portion of the Site or its systems
- Use automated means (bots, scrapers, crawlers) to access the Site without our written consent
- Interfere with or disrupt the Site or servers or networks connected to the Site
- Submit false, misleading, or fraudulent information, including reviews or testimonials
- Resell or redistribute NightSip products without authorization
Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Site, constitute the entire agreement between you and NightSip Inc. regarding your use of the Site and purchase of Products. These Terms supersede any prior agreements or understandings, whether written or oral.
Contact
For questions about these Terms of Service, please contact us at hello@thenightsip.com.
NightSip Inc.
Miami, FL