OVERVIEW

Last updated: December 2, 2024

This website is operated by Late Night Epiphanies LLC. These terms of service (“Terms of Service”, “Terms”) are for your use of services, goods, or features in connection with the website operated by Late Night Epiphanies LLC, a/k/a LNE (“LNE,” “we,” “us,” or “our”): www.latenightepiphanies.com, including its online store hosted by Shopify Inc., (the “Website”) and any related websites that we own, as well as any related platforms, and social media that we operate (together with the Website, our “Sites”).

Late Night Epiphanies LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

IMPORTANT: RESOLUTION OF DISPUTES
This agreement includes a clause requiring any disputes to be resolved through individual arbitration. This means you waive your right to participate in a jury trial or class action. Arbitration will be conducted on an individual basis, and remedies available to you in the event of a dispute may be limited.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - PRIVACY POLICY

For details on our practices regarding the collection, use, disclosure, and processing of your personal information, please consult our Privacy Policy. The handling of personal information as outlined in our Terms of Service is governed by, and in accordance with, our Privacy Policy. By accepting these terms, you agree to our actions regarding your personal information, as detailed in the Privacy Policy.

SECTION 4 - COMMUNICATIONS

By agreeing to these terms, you give us permission to send you electronic messages, including emails, and similar forms of communication, using the contact details you have provided or that we have obtained in line with our Privacy Policy. For marketing-related communications, we will obtain your explicit written consent beforehand, as mandated by applicable laws. 

SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 7 - PRODUCTS OR SERVICES 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 8 - USER CONTRIBUTIONS

This section governs any content you share or submit to our Sites, whether we've requested it or not. This includes, but is not limited to, posts, comments, direct messages, reviews, suggestions, proposals, creative ideas, and other forms of communication, in any format such as text, images, videos, or audio. Content can be submitted through various means, including online platforms, email, or postal mail, and is collectively termed as "User Contributions" under these Terms of Service.

User Contributions must comply with the rules and standards specified in these Terms of Service, including those in “SECTION 10 – COMMUNITY CONDUCT RULES” below.

Responsibility and Liability: You are solely responsible for your User Contributions, your interactions with our services, and all activities conducted under your account. We are not liable for any content posted by you or any other users.

Content Warranties: By submitting User Contributions, you affirm that your content does not infringe on any third-party rights, including intellectual property, privacy, or publicity rights. You confirm that you have the legal right and necessary permissions to use and share this content. Additionally, you agree to not submit content that is libelous, unlawful, abusive, obscene, or contains malware that could disrupt the Service. Impersonation and misleading practices regarding the origin of your content are strictly prohibited.

Licensing and Usage Rights: Upon submission, you grant us a non-exclusive, royalty-free, perpetual license to use your User Contributions. This means:

• Non-exclusive: Both you and we can use the User Contributions. We may use your name and likeness for internal purposes or publicly to promote our services, which may include sharing your content on social media.
• Royalty-free: You will not receive compensation for our use of your User Contributions.
• Perpetual: The license extends beyond the termination of these Terms of Service and applies to our successors and assigns.

This license allows us to edit, copy, publish, distribute, translate, and otherwise use your User Contributions without limitation. We are not obligated to keep any contributions confidential, compensate for them, or acknowledge submission.

We reserve the right to remove or refuse any User Contributions at our discretion and for any reason, ensuring our platform remains safe and respectful for all users.

SECTION 9 - COMMUNITY CONDUCT RULES

Our aim is to foster an inclusive and respectful environment on our Sites where everyone feels safe and valued. We believe in building communities that nurture meaningful interactions, enhance our understanding of diverse perspectives, and reconnect us with our own values. To support this vision, we've established a set of conduct rules to guide the appropriate use of our Sites. While engaging with our Sites, the following behaviors are prohibited:

• Hate Speech: Any form of expression that demeans, threatens, promotes violence, or degrades individuals or groups based on characteristics such as race, ethnicity, nationality, religion, sexual preferences, gender identity, health conditions, or immigration status.
• Harmful or Dangerous Speech: Sharing explicit content or expressions that depict or advocate self-harm or harm to others, including but not limited to graphic content, threats, methods of harm, glorification or encouragement of harmful acts, and content that may emotionally manipulate others.
• Harassment and Bullying: Targeting individuals or groups with the intent to demean, intimidate, or excessively focus unwanted attention on them.
• Disclosure of Personal Information: Posting or sharing personal details with the intent to compromise someone's privacy, commonly known as "doxxing."
• Impersonation: Misrepresenting your identity or pretending to be someone else is not allowed.
• Inappropriate Content: Sharing content that is offensive, pertains to illegal activities, or contains graphic material.
• Promotional and Advertising Content: Posting content primarily aimed at advertising or self-promotion.
• External Links: Sharing links to external websites.
• Infringement of Intellectual Property: Using copyrighted material or trademarks without authorization.
• Dissemination of Misinformation: Spreading information that is false or misleading.
• Malware: Distributing software designed to cause harm or breach security, such as viruses or spyware.
• Security Breaches: Attempting to breach or circumvent our security measures or gaining unauthorized access to our systems.
• Legal and Regulatory Violations: Engaging in activities that violate any laws or regulations.
• Encouragement of Prohibited Behaviors: Advocating or encouraging any of the aforementioned activities.

These rules are in place to ensure our community remains a supportive and constructive space for all users.

SECTION 10 - DISCLAIMER REGARDING MENTAL HEALTH AND SELF-DEVELOPMENT CONTENT

LNE products, content on our website, social media platforms, and any other digital or in-person offerings are crafted with the intention of promoting self-awareness, self-help, and personal growth. The content and products are inspired by the personal experiences, reflections, and insights of our founders. HOWEVER, THEY SHOULD NOT BE INTERPRETED AS OR DEPENDED UPON AS MENTAL HEALTH ADVICE OR ANY FORM OF PROFESSIONAL ADVICE THAT ONLY QUALIFIED AND LICENSED EXPERTS CAN PROVIDE.

LNE is not a therapeutic, counseling, or emergency response service. None of our content creators are licensed mental health professionals, emergency responders, or therapists. We do not claim or present ourselves as such. Our content and products are not intended to diagnose, treat, prevent, or offer solutions for any psychological, emotional, or personal challenges, and are not a replacement for expert guidance.

Do not neglect professional advice or delay in seeking expert assistance based on the content, products, or communications from LNE or feedback from our community members. If you ever face distress or a crisis, it is crucial to contact a mental health professional or emergency responder immediately.

Engagements with LNE, regardless of the content, frequency, or medium, do not establish a therapeutic or counseling relationship. While we do not typically monitor messages or comments across our platforms due to the volume, we may occasionally recommend or share contact details for mental health or emergency response services, like helplines. By doing this, we are neither endorsing nor vouching for these services. Any interactions you might have with these third-party entities are at your discretion and risk. LNE will not be held accountable for your engagements with them.

Your decision to engage with or rely upon our content, products, or communications is entirely at your own risk. We offer no assurances or warranties regarding the outcomes of using our products or engaging with our content. Specifically, we do not guarantee any particular personal growth or positive outcomes and will not be held responsible for any adverse personal or interpersonal developments that may arise, which are beyond our influence.

By utilizing our platform, products, or any related offerings, and in agreeing to these Terms of Service, you affirm that you have read, comprehended, and consented to the terms stipulated in this Disclaimer.

SECTION 11 - SITE USAGE AND LICENSE AGREEMENT

LNE provides you with a limited, revocable, non-transferable, and exclusive right to access and use the Sites for personal purposes. This right does not extend to downloading (beyond temporary page caching) or altering any part of the Sites without LNE’s explicit written permission. The granted license expressly forbids:

• Reselling or commercially using the Sites or their content, including procuring products for resale.
• Collecting product information, descriptions, or pricing for commercial use.
• Creating derivative works from the Sites or their content.
• Transferring or copying any user information to benefit another business.
• Employing data harvesting tools, such as robots or spiders, for data extraction.

Commercial exploitation of the Sites or any part thereof, including product images, without LNE’s explicit written consent is strictly prohibited. This includes reproduction, duplication, sale, or any form of commercial use, especially by resellers or bulk buyers.

You are also prohibited from incorporating any LNE proprietary material, including trademarks, logos, and copyrighted content, into any other site or material through framing or other methods without our direct written approval. Similarly, using LNE’s name or trademarks in meta tags or hidden text without our express consent is not allowed.

Violation of these terms will result in the immediate revocation of the access and use rights granted by LNE.

SECTION 12 - OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

The content, features, and functionality of this Website, including materials presented on LNE’s other platforms, are the exclusive property of LNE, its licensors, or content providers, safeguarded by copyright, trademark, patent, trade secret, and other intellectual property laws, both domestically and internationally.

The Website does not grant, by implication or otherwise, any license or right to use any of LNE’s or any third party's trademarks or copyrights.

This Website is intended solely for personal, non-commercial use. You are expressly forbidden from copying, altering, distributing, displaying, performing, or transmitting any Website content for commercial, promotional, or litigation purposes, or from utilizing any trademarks without the explicit written permission of LNE. The content, features, and functionality of this Website, including materials presented on LNE's other platforms, are the exclusive property of LNE, its licensors, or content providers, safeguarded by copyright, trademark, patent, trade secret, and other intellectual property laws, both domestically and internationally.

The Website does not grant, by implication or otherwise, any license or right to use any of LNE or any third party's trademarks or copyrights.

This Website is intended solely for personal, non-commercial use. You are expressly forbidden from copying, altering, distributing, displaying, performing, or transmitting any Website content for commercial, promotional, or litigation purposes, or from utilizing any trademarks without the explicit written permission of LNE or its authorized successors and assigns.

SECTION 13 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy here.

SECTION 14 - PAYMENTS

By using this service, you accept responsibility for any charges made through your credit card, debit card, or other payment methods during transactions or interactions with LNE, based on the current rates at the time these charges are applied. This includes paying any relevant taxes associated with these transactions or interactions. Should you opt to save your credit or debit card details on our Sites for future transactions, we reserve the right to update this stored information as per the updates we receive from your bank or card issuers.

SECTION 15 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 16 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 17 - USER PROFILE INFORMATION

When you provide personal details necessary for setting up and maintaining a user account or for subscribing to our services like newsletters or messaging features on our website, this information is classified as "User Profile Information" in accordance with our Terms of Service.

You are obliged to ensure that all the information you submit as part of your User Profile Information is correct and up-to-date. It's important not to use a fraudulent email address, impersonate anyone, or deceive us or any third parties about the origins of your User Profile Information or any User Content (as detailed later). The responsibility to keep your User Profile Information, including login credentials, updated and secure rests solely with you. Transferring your account to another person requires our explicit written approval. We are not responsible for any harm that might arise from the unauthorized use of your account details, such as your password. Should there be any unauthorized access to your account, it's crucial that you inform us immediately, so we can take necessary measures to safeguard you and other users, which may include account termination. Moreover, we advise that you log out of your account after each use, especially when using public or shared computers, to prevent unauthorized access to your password and other sensitive information.

Your submission of User Profile Information through the store is governed by our Privacy Policy, which can be viewed here.

SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 19 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 20 - ARBITRATION AND DISPUTE RESOLUTION

Mandatory Arbitration:
You and Late Night Epiphanies LLC (“LNE”) agree to resolve any disputes arising from or related to these Terms of Service, your use of the Sites, or any products or services purchased through the Sites, exclusively through binding individual arbitration rather than in court. By agreeing to these Terms, YOU WAIVE YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS, except for matters that may be resolved in small claims court.

Class Action and Jury Trial Waiver:
All arbitrations will proceed on an individual basis. YOU AND LNE AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDINGS. Claims may only be brought on an individual basis, and not as a plaintiff or class member in any purported class or representative action.

Informal Resolution Process:
Before initiating arbitration, you must attempt to resolve the dispute informally by providing written notice to LNE at hello@latenightepiphanies.com. We will attempt to resolve the dispute within 30 days of receiving your notice.

Arbitration Procedures:
Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Delaware, unless both parties agree to conduct it remotely or in another location.

Opt-Out Option:
You may opt out of this arbitration agreement within 30 days of first agreeing to these Terms of Service by emailing us at hello@latenightepiphanies.com with your name, address, and a statement that you wish to opt out of arbitration.

Severability:
If any part of this section is deemed unenforceable, it will not affect the validity of the remaining provisions.

SECTION 21 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Late Night Epiphanies , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 22 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Late Night Epiphanies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 23 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 24 - TERMINATION

This agreement remains in effect until terminated by either party. You may terminate this agreement at any time by informing us that you no longer wish to use our Services or by ceasing to use our site. We may terminate this agreement at our sole discretion without notice if you breach or are suspected of breaching any terms of these Terms of Service. Upon termination, you remain responsible for all outstanding amounts due until the termination date. We reserve the right to deny you access to our Services, in whole or part, as a result of such termination.

Additionally, we may at our discretion suspend, cancel, or modify your account without notice or explanation. You have the option to delete your account or unsubscribe from any of our services as described in the Privacy Policy.

We reserve the right to discontinue or alter the Sites, including any services or features, at any time without notice. Your use of the Sites may also be terminated or restricted by us at any time for any reason, without notice.

Any obligations and liabilities, for either party, incurred before the termination or suspension of this agreement will continue to apply post-termination for all purposes.

SECTION 25 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 26 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Delaware.

SECTION 27: CONTACT INFORMATION

Please feel free to contact us with any questions about these Terms of Service at hello@latenightepiphanies.com.