Acceptance of Terms
Good Night Naturals reserves the right to change this Agreement or terminate access to this Site at any time, with or without notice. Your use of our Site after such a change constitutes acceptance of the most current version of this Agreement.
Ownership, Copyright, and Trademark Matters
This Site is owned and operated by Good Night Naturals, LLC otherwise, all of the content contained on the Site (including, but not limited to, text, images, descriptions and designs) is the intellectual property of Good Night Naturals LLC. or its subsidiaries (collectively, "Good Night Naturals") and is intended only for use on our Site. Accordingly, Good Night Naturals owns the copyright in all information or materials provided here unless stated otherwise. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided below. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted below is a violation of Good Night Naturals's copyright and/or other proprietary rights. The use of any materials from this Site on any other website or networked computer environment is prohibited.
The trademarks and service marks ("Trademarks") used or displayed on this Site are registered and unregistered Trademarks of Good Night Naturals, unless otherwise noted. Nothing in this Site should be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the site without the prior express written permission of Good Night Naturals or the trademark owner. The name "Good Night Naturals" or "GoodNightNaturals.com" or Good Night Naturals's logos may not be used in any way without Good Night Naturals's prior written consent. You may not use Good Night Naturals's logos as a "hot" link to any other site unless the establishment of such a link is approved by Good Night Naturals in advance and in writing.
Users of this Site are permitted to download one copy of the information in this Site for personal, noncommercial use. This limited, revocable privilege to use the content in no way constitutes a transfer of title or right to use the content in any improper way or for any commercial purpose whatsoever. You may not, under any circumstances, (a) modify the information on this Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the information; (c) remove any copyright, trademark registration, or other proprietary notices from the information; or (d) transfer the information to another person.
Any materials submitted by users of our Site, including but not limited to e-mail, product reviews, postcards, discussion submissions, and traditional mail become the sole property of Good Night Naturals. Users are prohibited from submitting content to this Site that is, or may be, illegal, threatening, obscene, harrassing, defamatory or injurious to third parties. Good Night Naturals will not tolerate solicitations, spamming, chain letters or software viruses on the Site. In addition, we ask that you not send us creative ideas, inventions, or similar materials. Any materials you do provide or submit to Good Night Naturals will be the property of Good Night Naturals, and Good Night Naturals reserves the right to use any such material submitted as well as the right not to use that material. Content submitted by users of the site might be posted in whole or in part to the Good Night Naturals site. Good Night Naturals reserves the right to edit materials presented by users, but Good Night Naturals does not necessarily monitor or refuse to publish material that may be deemed objectionable or offensive by certain individuals or entities.
Description- Products are described as accurately and appropriately as possible in order to ensure that a customer understands the product they are ordering.
Color- Colors are represented as realistically as possible, but color variations of product images or color swatches are outside of the control of Good Night Naturals because software, hardware and Internet connections can alter the appearance of colors. If you are unsatisfied with a product, your sole remedy will be to return the product to Good Night Naturals.
While we make every effort to ensure the accuracy of product and price information, errors do occasionally occur. We reserve the right to correct any errors or inaccuracies at any time. We apologize for any inconvenience this may cause. If you are not completely satisfied with your purchase, you may return it for a refund.
The user is responsible for maintaining the confidentiality of information that could be used to access your account such as user id and password, and the user agrees to accept all responsibility for all activities performed using your user id and password. Additionally, the user is responsible for restricting access to your computer and not using public computers to access your account.
The Site does carry products for children, but only sells those products to adults with credit cards. If you are under 18 you may use the Site only with the approval and active involvement of a parent or guardian.
Some product or content on the site might be deemed inappropriate for people under the age of 18 or those easily offended. Those people should not use the Site.
Risk of Loss
All items purchased from Good Night Naturals are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Disclaimer and Limitation of Liability
THE MATERIALS AND INFORMATION YOU FIND ON THIS SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT.
This disclaimer applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
You specifically acknowledge that Good Night Naturals is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and Good Night Naturals reserves the right to remove such materials from this Site without liability.
Under no circumstances, including, but not limited to, negligence, shall Good Night Naturals be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if Good Night Naturals or a Good Night Naturals authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Good Night Naturals's total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this Site.
Applicable Law; Contract Interpretation
Good Night Naturals's principal place of business is in Massachusetts, and Good Night Naturals operates this Site from its offices in Massachusetts. The laws of the State of Massachusetts apply to this Agreement, without regard to conflicts of laws principles. If any provision of this Agreement is ruled to be unlawful, void, or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and Good Night Naturals relating to the subject of this Site.
You agree to defend, indemnify, and hold harmless Good Night Naturals, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of this Site or your breach of the terms of this Agreement. Good Night Naturals shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in Boston, Massachusetts. You expressly waive and are estopped from asserting any right to pursue any claim against Good Night Naturals relating to this Agreement in any forum or venue located outside of Boston, Massachusetts, in the event of the filing of any such claim, you stipulate to the transfer of the filing to any appropriate or available forum or court in Boston, Massachusetts at Good Night Naturals's sole discretion.
The prices on the site will not necessarily match prices in Good Night Naturals's catalogs or newsletters. The prices on the site are valid only on the site or over the phone. That means if the site has a promotion, that promotion can only be received on the site or over the phone.
The Site may provide links to other sites (i.e. advertisers, affiliate partners, strategic partners or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their Web sites. Good Night Naturals does not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site you should review the applicable conditions of use and policies. The inclusion of a link in this Site does not imply Good Night Naturals's endorsement of the site. If you decide to access linked third-party websites, you do so at your own risk.
Good Night Naturals.com obtains item photographs and product information from manufacturers. This sometimes includes taking the information directly from the items themselves, or from the label or packaging of the items. We do not investigate to determine if the information is accurate nor can we provide assurance that all data entry was done without error. If manufacturers change ingredients, materials, information or other specifications, we cannot assure you that we will update the information on this Site. Accordingly, the information displayed on the Site is not guaranteed to be 100% accurate and the actual item should be considered the authoritative source of all information with respect to the item.
The products and the claims made about specific products on or through this Site have not been evaluated by Good Night Naturals or the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. The information on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional, in addition to any warnings or other information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem, or a suspected health problem of any kind.