Terms of service
SLEEP ALL NITE — TERMS OF SERVICE
Last updated: [INSERT DATE]
OVERVIEW
Welcome to Sleep All Nite! The terms "we", "us" and "our" refer to Orchata Labs, LLC, a Texas limited liability company doing business as Sleep All Nite. We operate this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Sleep All Nite is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as health and safety disclosures, recurring billing, warranty disclaimers, limitations of liability, and a binding arbitration provision and class action waiver that affect how disputes between us are resolved.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
We currently sell and ship only within the United States.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age and at least the age of majority in your state of residence.
To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - HEALTH AND SAFETY DISCLAIMER
Please read this section carefully before purchasing or using our products.
Our products are dietary supplements, not drugs. These statements have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease.
Nothing in the Services constitutes medical advice, and no content on this site is a substitute for consultation with a licensed healthcare provider. Individual results vary. Customer reviews and testimonials reflect individual experiences and are not a guarantee, promise, or representation that you will experience similar results.
You should consult your physician before using our products, particularly if you are pregnant or nursing, have a diagnosed medical condition, or are taking prescription or over-the-counter medication. Our products are intended for use by healthy adults 18 years of age or older and are not intended for use by minors.
Our products may cause drowsiness. Do not use before or while driving, operating machinery, or performing any other activity requiring alertness. Do not combine with alcohol or sedatives.
Discontinue use immediately and consult a healthcare provider if you experience an adverse reaction.
You are responsible for reviewing the full ingredient list and directions for use on the product label before use. We are not liable for allergic reactions, sensitivities, or interactions arising from ingredients disclosed on the product label.
By purchasing from us, you represent that you are at least 18 years old, that you have read this disclaimer, and that you are purchasing our products for your own personal use in accordance with the label directions.
SECTION 3 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. Packaging, label design, and capsule or tablet appearance may also vary between production runs.
We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted or rendered in our online store.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time, to reformulate any product, and to limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. Always read the label on the product you receive, as it controls over any description on our website.
SECTION 4 - ORDERS
When you place an order, you are making an offer to purchase. Sleep All Nite reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Sleep All Nite confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting. Orders move to fulfillment quickly and we may be unable to accommodate cancellation or change requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
You are responsible for providing a complete and accurate shipping address and a working phone number. Packages returned to us or abandoned by the carrier because of an insufficient address or a failure to claim delivery may be reshipped at your cost.
Your purchases are subject to our Refund Policy, which describes the limited circumstances in which we provide replacements and refunds. Because our products are consumable health supplements, we do not accept returned product.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 5 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, or handling.
We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. This is particularly important if you have an active subscription.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
Payment disputes. If there is a problem with your order or a charge you do not recognize, please contact us at support@sleepallnite.com before disputing the charge with your bank or credit card company. We respond within one business day and can usually resolve the issue faster than a formal dispute can be processed.
If you have filed a dispute with your card issuer, we are unable to issue a refund, credit, or replacement for that order until the dispute has been resolved or withdrawn, because doing so would result in a duplicate credit to your account. Please let us know if you file a dispute so that we can respond appropriately.
Nothing in this section limits any right you have under applicable law or under your card issuer's rules to dispute a charge.
SECTION 6 - SUBSCRIPTIONS AND RECURRING BILLING
If you enroll in a subscription or recurring delivery program, you authorize us to charge your payment method on a recurring basis at the interval, quantity, and price disclosed to you at checkout, until you cancel. Your payment method will be charged automatically on each renewal date without further authorization from you.
The billing interval, the amount to be charged, and the date of your first renewal are disclosed on the product page and in your order confirmation email. We will also send you a reminder before each renewal.
We may change subscription pricing on reasonable advance notice to you by email. Any price change applies only to renewals occurring after the notice period, and you may cancel before that renewal if you do not wish to accept the new price.
You may cancel your subscription at any time, through your account page or by emailing support@sleepallnite.com. Cancellation is effective at the end of your then-current billing cycle and prevents future charges. Orders that have already entered fulfillment at the time you cancel cannot be cancelled or refunded, and will ship as scheduled. You remain responsible for charges properly incurred before cancellation.
If a subscription payment fails, we may retry the charge and may suspend or cancel the subscription.
SECTION 7 - SHIPPING AND DELIVERY
We ship only to addresses within the United States.
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
Notwithstanding the foregoing, we may replace lost, undelivered, damaged, or defective shipments as described in our Refund Policy. Nothing in this section limits the remedies we voluntarily offer under that policy.
Our products are temperature-sensitive. We are not responsible for product condition where a package has been left exposed for an extended period after delivery, or where delivery has been refused or left unclaimed.
SECTION 8 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Orchata Labs, LLC, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services 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 the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Sleep All Nite, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved.
Sleep All Nite's names, logos, product and service names, designs, and slogans are trademarks of Orchata Labs, LLC or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 9 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.
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 features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 10 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on 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 and services should be directed to the third-party.
SECTION 11 - RELATIONSHIP WITH SHOPIFY
Sleep All Nite is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Sleep All Nite. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Sleep All Nite, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Sleep All Nite.
SECTION 12 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 13 - FEEDBACK, REVIEWS AND TESTIMONIALS
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation, free product, discount, or other incentive received in connection with your submission of Feedback; (iii) any statement you make about your experience with our products is truthful and reflects your honest opinion and actual experience; and (iv) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We do not edit, suppress, or selectively publish reviews on the basis of how favorable they are. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, that violates any party's intellectual property or these Terms of Service, that contains unverifiable claims about health outcomes, or that appears not to reflect a genuine customer experience.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene content, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services 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 is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 15 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Sleep All Nite, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services except as permitted in Section 16; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms. We also reserve the right to refuse service, cancel orders, or limit quantities where we reasonably believe an account is being used for resale, for fraudulent purposes, or in a manner that abuses our promotional or replacement policies.
SECTION 16 - AGENTS
16.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
16.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 16.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
16.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
16.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 17 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Health and Safety Disclaimer, Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 18 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services 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 Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY SLEEP ALL NITE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT WARRANT THAT ANY PRODUCT WILL PRODUCE ANY PARTICULAR RESULT, HEALTH OUTCOME, OR LEVEL OF EFFICACY FOR ANY INDIVIDUAL. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 19 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SLEEP ALL NITE, ORCHATA LABS, LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
TO THE EXTENT THE FOREGOING EXCLUSION IS HELD UNENFORCEABLE IN WHOLE OR IN PART, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, INCLUDING PERSONAL INJURY CAUSED BY NEGLIGENCE, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL. NOTHING IN THESE TERMS LIMITS ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
SECTION 20 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sleep All Nite, Orchata Labs, LLC, Shopify, and our affiliates, partners, officers, directors, employees, members, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, (3) your access to and use of the Services, or (4) your use of any product in a manner inconsistent with the product label or Section 2 of these Terms.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 21 - DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION.
[ATTORNEY REVIEW REQUIRED BEFORE PUBLISHING. Enforceability of this section depends on how it is presented and accepted at checkout as well as on the specific arbitration rules referenced. Do not publish this section without review by Texas counsel.]
Informal resolution first. Before filing any claim, you agree to contact us at support@sleepallnite.com and give us 30 days to resolve the matter informally. Most disputes can be resolved this way, and we would rather hear from you than receive a filing.
Mediation. If we cannot resolve the dispute informally, you and we agree to attempt in good faith to settle the dispute by mediation administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules before resorting to arbitration.
Binding arbitration. If mediation does not resolve the dispute, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any product purchased from us shall be resolved by binding individual arbitration administered by the AAA under its Consumer Arbitration Rules then in effect, rather than in court, except as provided below. The Federal Arbitration Act governs the interpretation and enforcement of this provision. Arbitration shall take place in Webb County, Texas, or at your election by telephone, videoconference, or on the basis of written submissions. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may also seek injunctive relief in court for infringement or misuse of intellectual property rights.
Class action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
Opt-out. You may opt out of this arbitration provision by sending written notice to support@sleepallnite.com within 30 days of your first purchase, stating your name, order number, and that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms or your ability to purchase from us.
Severability of this section. If the class action waiver is found unenforceable as to a particular claim, that claim shall proceed in court, and the remainder of this section shall continue to apply to all other claims.
Time limit on claims. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. This limitation does not apply where applicable law prohibits shortening the limitations period.
SECTION 22 - 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 23 - WAIVER; ENTIRE AGREEMENT
Our failure 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 Services constitute the entire agreement and understanding between you and us and govern your use of the Services, 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 24 - ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 25 - GOVERNING LAW AND VENUE
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 Texas, without regard to its conflict of law principles.
Subject to Section 21 (Dispute Resolution, Arbitration and Class Action Waiver), you and Orchata Labs, LLC agree that any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in Webb County, Texas, and both parties consent to venue and personal jurisdiction in such courts.
SECTION 26 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 27 - CHANGES TO 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, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 28 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@sleepallnite.com.
Our contact information is posted below:
Orchata Labs, LLC d/b/a Sleep All Nite support@sleepallnite.com 1211 San Dario Ave, M203\nLaredo, TX 78040\nUnited States
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.