Welcome to the Late Night Epiphanies website. 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, social media, messaging services, applications, and software systems that we operate (together with the Website, our “Sites”). These Terms of Service apply to all users or visitors to the Sites (“you” or “your”). Late Night Epiphanies LLC offers the Sites, including all information, tools and services available from the Sites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

PLEASE REVIEW THESE TERMS CAREFULLY, AS USING THE SITES OR PURCHASING OUR PRODUCTS MEANS YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS THE SITES OR PURCHASE, RECEIVE, OR USE OUR PRODUCTS.

THESE TERMS INCLUDE A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS. THIS MEANS THAT ANY DISPUTES MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THIS MAY LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE SECTION 21 BELOW FOR MORE DETAILS.

Please read these Terms of Service carefully before accessing or using our Sites. By accessing or using any part of the Sites 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 who use the Sites, including but not limited to visitors, vendors, customers, merchants, and content contributors.

Any new features or tools which are added to the current Sites 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 Sites. It is your responsibility to check this page periodically for changes. Updates will take effect immediately once we post the revised Terms of Service on our website, and you forfeit the right to be individually notified of each change. We'll indicate any updates by changing the "Last Updated" date. Your continued use of or access to the Sites following the posting of any changes constitutes acceptance of those changes. 

If you do not agree to the Terms of Service of this agreement, then you may not access the Sites or use any Services. If these Terms of Service are viewed as a contractual offer, your acceptance is strictly limited to the terms outlined here.

The section titles in this agreement are provided solely for convenience and do not impact or modify the Terms of Service in any way.

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 the Sites.

You may not use our Sites 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.

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 seek to 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 the Sites is not accurate, complete or current. The material on the Sites 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 the Sites is at your own risk.

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

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 - USER PROFILE 

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 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, images, 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 9 – 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 User Contributions on our Sites.
• 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 AND PROHIBITED CONDUCT

We strive to foster an inclusive, respectful, and safe environment where everyone feels welcome. Our platform is built on the values of connection and empathy, and to maintain this space, we have established the following Community Conduct Rules & Prohibited Conduct to guide appropriate interactions and usage of our Sites and Services.

By using our Sites, you agree to engage respectfully and only for lawful and appropriate purposes. The following behaviors and activities are strictly prohibited:

1. Harmful & Disruptive Behavior

• Hate Speech: Any expression that promotes violence, discrimination, or harm based on race, ethnicity, nationality, religion, gender identity, sexual orientation, disability, immigration status, or any other characteristic.
• Harassment & Bullying: Targeting individuals or groups with the intent to intimidate, demean, or subject them to unwanted attention.
• Self-Harm or Violence: Sharing, promoting, or glorifying self-harm, harm to others, or dangerous activities.
• Threats & Dangerous Speech: Posting explicit threats, encouraging harm, or emotionally manipulating others.

2. Privacy Violations & Fraud

• Doxxing & Personal Data Disclosure: Sharing personal information with the intent to invade someone’s privacy or cause harm.
• Impersonation & False Representation: Pretending to be someone else, using false identities, or misrepresenting affiliations.
• Fraudulent Transactions: Making purchases with false payment methods or engaging in deceptive financial activities.

3. Inappropriate & Illegal Content

• Obscene, Defamatory, or Illegal Content: Uploading, posting, or sharing offensive, defamatory, graphic, or unlawful material.
• Intellectual Property Infringement: Using, sharing, or distributing copyrighted, trademarked, or proprietary content without permission.
• Spam, Advertising, & Unsolicited Promotions: Posting commercial messages, pyramid schemes, chain letters, or unauthorized advertisements.
• Malware & Harmful Software: Uploading or distributing viruses, worms, Trojan horses, spyware, or any malicious software.

4. Disrupting the Platform or Services

• Unauthorized Access & Hacking: Attempting to breach security, hack accounts, or gain unauthorized access to the Sites or its systems.
• Interfering with Platform Functionality: Overloading, disabling, or impairing Sites services, including through scraping, crawling, or automated data collection.
• Unauthorized Data Collection: Using robots, spiders, or other software to gather data on users without permission.
• Altering or Removing Proprietary Information: Deleting copyright notices, trademarks, or legal disclaimers from Sites content.

5. Misuse of Communication & User-Generated Content

• Spreading Misinformation: Posting misleading or false information to deceive others.
• Submitting Misleading or Misrepresented Content: Falsely implying sponsorship, endorsement, or affiliation with the Company.
• Encouraging Prohibited Conduct: Advocating or promoting any of the restricted behaviors mentioned above.
• Unauthorized Commercial Use: Using the Sites for commercial purposes outside of personal use without authorization.

Violating these rules may result in actions such as account suspension, removal of content, or legal consequences. If you witness any violations, please report them to hello@latenightepiphanies.com, and we will take appropriate action.

We are committed to keeping our community a safe, respectful, and positive space for everyone. 

SECTION 10 - MENTAL HEALTH AND ADVICE DISCLAIMER

Late Night Epiphanies (LNE) creates products and content designed to foster connection and self-reflection, available through our Sites, including our website, social media platforms, and other digital or in-person experiences. While our content is inspired by the personal insights and reflections of our founders, IT IS NOT, NOR SHOULD IT BE CONSTRUED AS, PROFESSIONAL MENTAL HEALTH OR MEDICAL ADVICE. Only qualified, licensed professionals can provide such guidance.

No Professional or Therapeutic Relationship

LNE is not a mental health service, counseling platform, or emergency response provider. Our team, content creators, and contributors are not licensed therapists, mental health professionals, or crisis responders, nor do we claim to be. Our content and products do not diagnose, treat, prevent, or provide solutions for psychological, emotional, or personal challenges and are not a substitute for professional help.

If you are facing emotional distress, a mental health crisis, or require support, we strongly encourage you to seek immediate help from a licensed professional or emergency services. Do not delay or disregard professional assistance based on our content, products, or community interactions.

Third-Party Resources & Recommendations

We do not actively monitor comments, messages, or interactions across our platforms due to volume. However, we may occasionally share mental health resources or emergency contact information, such as crisis helplines. These references are purely informational, and LNE does not endorse, guarantee, or take responsibility for third-party services. Any engagement with external support services is at your own discretion and risk.

Personal Responsibility & No Guarantees

Your decision to engage with our Sites, including our content, products, or community is entirely voluntary and at your own risk. We make no representations, warranties, or guarantees about the outcomes of using our products or participating in our community. Specifically:

• We do not promise personal growth, emotional breakthroughs, or any particular results as a result of engaging with our Sites or using our products.
• We are not liable for any personal, emotional, or interpersonal consequences arising from engagement with our content, Sites, or products.

By using our Sites, platform, products, or any related offerings, you acknowledge that you have read, understood, and agreed to the terms of 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

All content, features, and functionality across LNE’s Sites—including the website, social media, and other digital or physical materials—are the exclusive property of LNE, its licensors, or content providers. These materials are protected by copyright, trademark, patent, trade secret, and other intellectual property laws in the U.S. and internationally.

Use of the Sites does not grant you any license or right, whether by implication or otherwise, to use LNE’s trademarks, copyrights, or those of any third party.

LNE’s content is intended strictly for personal, non-commercial use. You may not:

• Copy, modify, distribute, display, perform, or transmit any content from the Sites for commercial, promotional, or legal purposes.
• Use any LNE trademarks without explicit written permission from LNE or its authorized representatives.

Any unauthorized use of LNE’s intellectual property is a violation of these Terms and may result in legal action.

SECTION 13 - COPYRIGHT COMPLAINTS

Late Night Epiphanies respects the intellectual property rights of others and expects users of our Sites to do the same. If you believe that content on our Sites or other platforms infringes your copyright, you may submit a DMCA takedown request to have the material removed.

How to Submit a DMCA Takedown Notice

If you are the copyright owner (or authorized to act on behalf of one) and believe your work has been copied or used without permission, please submit a written DMCA takedown notice to our Copyright Agent with the following details:

• Your full name, mailing address, telephone number, and email address.
• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• A clear description of the copyrighted work that has allegedly been infringed.
• Identification of the specific content you believe is infringing, along with where it is located on our site (such as a URL).
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, their agent, or the law (including fair use).
• A statement under penalty of perjury that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Send all takedown requests to:

Email: hello@latenightepiphanies.com (Subject: "DMCA Takedown Notice")
Mailing Address: 628 Belmont Crest Dr SE Marietta, GA 30067

Under federal law, submitting a knowingly false DMCA notice may result in legal consequences, including perjury charges and financial penalties. In compliance with the DMCA, LNE reserves the right to restrict access, suspend, or terminate accounts of users who repeatedly violate copyright laws.

By using our Sites, you acknowledge and agree to comply with these DMCA procedures.

SECTION 14 - PRODUCTS OR SERVICES 

We strive to accurately represent our products across our Sites and other platforms. However, we cannot guarantee that the colors, images, dimensions, or other visual details displayed on your device will perfectly match the actual product.

We reserve the right, but are not obligated, to limit the sale of our products or services to any individual, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to:

• Limit the quantity of any product or service available for purchase.
• Modify product descriptions, pricing, or availability at any time, without prior notice and at our sole discretion.
• Discontinue any product or service at any time.

Any offers for products or services on our Sites are void where prohibited.

While we take great care in curating our offerings, we do not warrant that the quality of any product, service, or information you purchase or obtain from us will meet your expectations, nor do we guarantee that any errors in our services will be corrected.

For details on returns or exchanges, please review our Refund Policy and Shop Policies.

SECTION 15 - ORDER PROCESSING AND ACCOUNT INFORMATION

We reserve the right to refuse, modify, or cancel any order placed with us at our sole discretion. This may include:

• Restricting or canceling purchases per customer, household, or order.
• Applying these restrictions to orders under the same customer account, credit card, or billing/shipping address.
• Rejecting or limiting orders placed by dealers, resellers, or distributors if they appear to be for unauthorized commercial purposes.

If we make changes to or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided at checkout.

By making a purchase, you agree to:

• Provide current, complete, and accurate purchase and account information.
• Promptly update your account details, including your email, billing address, shipping address, and payment information, to ensure we can process your transaction and contact you if needed.

We make every effort to ensure accurate pricing and product details. However, in the event of a pricing error, product misrepresentation, or incorrect availability, we reserve the right to:

• Cancel an order if an item is listed at an incorrect price.
• Contact you for further instructions if necessary before processing your order.
• Correct pricing errors without prior notice.

Prices listed on our website are in U.S. Dollars unless otherwise stated. The receipt of an order confirmation email does not constitute acceptance of an order or an offer to sell.

For more information, please refer to our Refund Policy and our Shop Policies.

SECTION 16 - PAYMENTS AND BILLING

By using this service, you accept full responsibility for any charges incurred through your credit card, debit card, or other payment methods when making a transaction with LNE. These charges are based on the current rates at the time of purchase, and you agree to pay any applicable taxes associated with your transaction.

If you choose to store your credit or debit card information on our website for future purchases, we reserve the right to update this stored information in accordance with updates received from your bank or card issuer.

SECTION 17 - PROMOTIONS

From time to time, we may offer sweepstakes, contests, raffles, or other promotions (collectively referred to as “Promotions”) on our Sites or other platforms. These Promotions may be governed by their own set of rules, which are separate from these Terms of Service.

If you choose to participate in a Promotion, please review the specific Promotion rules along with our Privacy Policy and our Shop Policies. In the event of a conflict between the Promotion rules and these Terms of Service, the Promotion rules will take precedence.

SECTION 18 - SHIPPING LIABILITY AND RISK OF LOSS

All physical products purchased from Late Night Epiphanies are shipped via independent third-party carriers. Once an order is handed over to the shipping carrier, ownership and risk of loss transfer to you, the buyer. LNE is not responsible for lost, stolen, delayed, or damaged shipments after they have been handed off to the carrier.

If you experience an issue with your delivery, we recommend:

• Checking your tracking information for updates.
• Contacting the carrier directly for assistance with lost or delayed packages.
• If your order is covered by Route package protection, you may file a claim through Route for lost, stolen, or damaged items.

For more information on our shipping policies, please refer to our Shop Policies.

Additionally, any digital content or materials downloaded from our site are accessed at your own discretion and risk. LNE is not responsible for any damage to your device or loss of data resulting from downloading materials from our platform.

SECTION 19 - THIRD-PARTY TOOLS, LINKS, AND SERVICES

Our Sites may provide access to third-party tools, content, products, and services over which we have no control, monitoring, or input. These may include:

• Optional third-party tools integrated into our Sites.
• Third-party links directing you to external websites.
• Third-party materials, products, or services made available through our Sites.

We offer these third-party tools and services "as is" and "as available", without warranties, representations, or endorsements of any kind. We do not guarantee their accuracy, functionality, or reliability, and we are not liable for any issues, harm, or damages resulting from your use of these tools, links, or services.

Any engagement with third-party tools, websites, or transactions is entirely at your own risk and discretion. It is your responsibility to review and understand the terms, policies, and privacy practices of these third parties before using their services or making any transactions.

If you have concerns, complaints, or claims regarding third-party products or services, you should directly contact the third party in question, as we are not responsible for disputes or issues arising from third-party interactions.

We may also introduce new features, tools, or services in the future. These new additions will also be subject to these Terms of Service.

For more information on how we use third-party tools, please visit our Privacy Policy.

SECTION 20 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our Sites or Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to:

• Correct any errors, inaccuracies, or omissions at any time.
• Modify or update information without prior notice.
• Cancel orders if inaccurate information affects a purchase, even after an order has been submitted.

We are under no obligation to update or clarify information on our Sites or Services, including pricing, except as required by law. The presence of a specified update or refresh date should not be interpreted as an indication that all content has been modified or remains current.

SECTION 21 - DISPUTE RESOLUTION AND BINDING ARBITRATION

Agreement to Arbitration

BY AGREEING TO THESE TERMS OF SERVICE, YOU AND LATE NIGHT EPIPHANIES LLC (“LNE”) WAIVE ANY RIGHTS TO LITIGATE CLAIMS IN COURT, TO HAVE A JURY TRIAL, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION. ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING FROM OR RELATING TO THESE TERMS, YOUR USE OF THE SITE, ANY PRODUCTS OR SERVICES PURCHASED, OR ANY RELATIONSHIP WITH LNE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT.

The term “dispute” shall be interpreted broadly and includes, but is not limited to, claims arising under contract, tort, consumer protection laws, common law, intentional torts, statutory violations, injunctive relief, or any other legal or equitable basis. The arbitrator shall have exclusive authority to determine whether any dispute is arbitrable, as well as the enforceability of this arbitration agreement or any portion thereof.

Informal Dispute Resolution

Before initiating arbitration or a small claims action, you must first attempt to resolve the dispute informally by providing written notice to LNE at hello@latenightepiphanies.com with a description of the issue and any supporting documentation. The parties shall make a good faith effort to resolve the dispute directly for thirty (30) days after the notice is received, or for any extended period mutually agreed upon by both parties. If the dispute remains unresolved at the end of this thirty (30) day period (or any agreed-upon extension), either party may initiate arbitration as outlined below.

Arbitration Procedures and Governing Rules

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or by JAMS if AAA is unavailable. The arbitration will be governed by this agreement and the applicable rules of the chosen arbitration administrator at the time the claim is filed.

Unless both parties agree otherwise, arbitration shall take place in Delaware, and, if necessary, may be conducted remotely. In the event that AAA or JAMS is unavailable, the parties shall agree to, or a court shall appoint, a substitute arbitration provider.

If you are an individual whose transaction was for personal, family, or household purposes, you may choose to pursue your claim in small claims court rather than arbitration, provided your claim qualifies under the applicable jurisdiction's small claims court rules.

Class Action and Jury Trial Waiver

ALL ARBITRATION PROCEEDINGS SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU AND LNE AGREE THAT NO CLAIM MAY BE JOINED OR CONSOLIDATED WITH CLAIMS OF OTHER CUSTOMERS OR USERS AND THAT YOU MAY NOT PARTICIPATE IN ANY CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDINGS.

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL. Additionally, either party may bring a lawsuit in court solely to enjoin infringement or misuse of intellectual property rights.

Arbitration Costs and Attorney’s Fees

Except for a dispute determined by the arbitrator to be frivolous or initiated in bad faith, LNE will cover all filing, administrative, arbitrator, and hearing costs up to a total amount of $1,000. LNE also waives any right to recover attorneys’ fees or expenses from you, unless required by law.

Opt-Out Option

You have the right to opt out of this arbitration agreement within 30 days of first agreeing to these Terms of Service. To do so, you must send an email to hello@latenightepiphanies.com with your full name, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provisions of these Terms.

Governing Law

This arbitration agreement shall be governed by the Federal Arbitration Act and applicable arbitration rules. Any arbitration award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Severability and Survival

If any provision of this arbitration agreement is found to be unenforceable, that provision shall be severed, and the remaining arbitration terms shall remain in effect. However, under no circumstances shall class arbitration be permitted.

This arbitration agreement survives the termination of your relationship with LNE, including but not limited to account deletion, cancellation of purchases, or opting out of marketing communications.

SECTION 22 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

LATE NIGHT EPIPHANIES LLC ("LNE") PROVIDES THE SITE, SERVICES, AND ALL PRODUCTS ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY, OR SECURE. YOUR USE OF THE SITE, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK.

LNE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY OF ANY CONTENT ON THE SITE OR ANY THIRD-PARTY LINKS OR SERVICES. WE DO NOT GUARANTEE THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SITE IS FREE FROM MALWARE, VIRUSES, OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LNE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, AND INTERNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, SERVICES, OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LNE SHALL NOT BE LIABLE FOR:

• ERRORS OR INACCURACIES OF CONTENT.
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES OR PRODUCTS.
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN.
• ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO OR FROM THE SITE.
• ANY MALWARE, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CONTENT TRANSMITTED THROUGH THE SITE BY ANY THIRD PARTY.
• ANY LOSS OR DAMAGE INCURRED FROM YOUR USE OR INABILITY TO USE THE SITE OR ANY SERVICES OR PRODUCTS OFFERED THROUGH IT.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LNE'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES, OR PRODUCTS, YOUR SOLE REMEDY IS TO STOP USING THEM.

IN NO EVENT SHALL LNE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU FOR PRODUCTS OR SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM OR (B) $50 (WHICHEVER IS LESS).

LNE DISCLAIMS ANY LIABILITY RESULTING FROM HACKING, UNAUTHORIZED ACCESS, OR BREACHES OF SECURITY ON THE SITE OR SERVICES. WE RESERVE THE RIGHT TO DISCLOSE INFORMATION AS NECESSARY TO COMPLY WITH APPLICABLE LAW, REGULATIONS, LEGAL PROCESSES, OR GOVERNMENT REQUESTS.

SECTION 23 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Late Night Epiphanies LLC, along with its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising from or related to your breach of these Terms of Service or any referenced agreements, your violation of any applicable laws or regulations, or your infringement of the rights of any third party.

This indemnification obligation remains in effect even after the termination of these Terms of Service and your use of the Sites or Services.

SECTION 24 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforced to the maximum extent allowed by law. The unenforceable portion will be considered severed from these Terms, but its removal will not affect the validity or enforceability of the remaining provisions.

SECTION 25 - ASSIGNMENT

You may not assign, transfer, or delegate any of your rights or obligations under these Terms of Service without our prior written consent. Any attempt to do so without authorization will be considered null and void.

We reserve the right to assign or transfer our rights and obligations under these Terms of Service without restriction, including to any subsidiary, parent company, affiliate, or successor entity as part of a merger, acquisition, corporate restructuring, or sale of assets.

SECTION 26 - ADMISSIBILITY

A printed version of these Terms of Service and any notices provided electronically shall be admissible in judicial or administrative proceedings related to these Terms to the same extent as other business records originally created and maintained in printed form.

It is the express intent of all parties that these Terms of Service and any related documents be written and interpreted in English.

SECTION 27 - TERMINATION

This agreement remains in effect until terminated by either party. You may terminate this agreement at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site and related services.

We reserve the right to terminate, suspend, or modify your account or access to our Services 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 any outstanding amounts due up until the termination date. We also reserve the right to deny you access to our Services, in whole or in part, as a result of such termination. Additionally, we may suspend, cancel, or modify your account without notice or explanation.

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

Any obligations or liabilities incurred by either party before termination will continue to apply even after this agreement ends.

SECTION 28 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision. These Terms of Service, along with any policies or operating rules posted on our Sites or related to the Service, constitute the entire agreement between you and us. They govern your use of the Service and override any prior or contemporaneous agreements, communications, or proposals, whether oral or written, including previous versions of these Terms of Service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party responsible for drafting them.

SECTION 29 - GOVERNING LAW

These Terms of Service, along with any separate agreements under which we provide Services, shall be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

SECTION 30 - CONTACT 

For any questions, concerns, or to report a violation of these Terms of Service, please contact us at hello@latenightepiphanies.com with "Terms of Service" in the subject line.