Last revised: [4/23/2023]

Please read the following carefully.  This is a legally binding agreement between you AS AN END USER (AS DEFINED BELOW) (“END USER” or “You”) and VESPYR brands, inc. (“VESPYR” or “WE”).  This website Terms of USE agreement, together with all amendments, and Collectively with all VESPYR rules and policies, including the VESPYR Privacy Policy, constitute the “Agreement” between you and VESPYR REGARDING YOUR ACCESS TO AND USE OF OUR WEBSITE(s) (COLLECTIVELY, THE “WEBSITE”).  By accessing or using the Website, you signify that you have read the Agreement and that you understand and agree to be bound by the Agreement.

THIS AGREEMENT COVERS IMPORTANT INFORMATION ABOUT THE WEBSITE.  THE AGREEMENT INCLUDES INFORMATION ABOUT FUTURE CHANGES TO THE AGREEMENT, LIMITATIONS OF LIABILITY, PRIVACY INFORMATION, A CLASS ACTION WAIVER, AND A RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT.

IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE OUR WEBSITE.

Scope and Acceptance

Anyone who accesses or uses our Website, whether just visiting or in connection with purchasing a product from us, is an “End User.”  The Agreement sets forth your rights and obligations as an End User with respect to your access to and use of the Website and use of any and all information or data of any kind arising from access to, or use of, the Website, including, without limitation, any text, graphics, images, art work, sound recordings, audio, video, and software.

We reserve the right, in our sole discretion, to change this Agreement (including the Privacy Policy) from time to time, without prior notice.  You are responsible for reviewing the Agreement regularly.  Your access to any part of the Website is deemed to be your acceptance of this Agreement, and any changes thereto.

If you are accessing or using any part of the Website on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.

Privacy Policy

Please see our Privacy Policy for a detailed description of how we collect, use, and disclose information about our End Users.

Description of Website, Store, and Products

This Website includes information about non-prescription products offered under VESPYR’s various brands.  End Users can learn about these products and engage with our customer service representatives with respect to any questions. 

The Website also includes a store by which End Users may purchase these products.  Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products to you. 

Prices for our products are subject to change without notice.  Certain products may be available exclusively online through the Website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, please visit https://midnitesleep.myshopify.com/pages/return-policy.

We reserve the right, but are not obligated, to limit the sales of our products 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 that we offer.  All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.

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. 

Website Operation

The specific features and functionality of the Website are dynamic and may change from time to time.  We reserve complete discretion with respect to the operation of the Website.  We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Website at any time.

Inaccuracies

We make great efforts to provide accurate information on the Website, including accurate descriptions and images of products offered in our online store.  However, we disclaim—and you release us from any liability regarding—errors, inaccuracies, and omissions of the Website.  We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.  The material on this Website 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, where available.  VESPYR makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data available through the Website.  If you believe any portion of the Website includes an error or inaccuracy, please notify us.

Permitted Use 

Certain VESPYR materials provided through the Website are protected by intellectual property laws, including but not limited to U.S. copyright laws.  You expressly acknowledge and agree that the content accessible through the Website that is not expressly designated as being provided by another End User is the property of VESPYR and its content providers, and VESPYR and its content providers retain all right, title, and interest in the content. 

Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Website and related materials solely for your own non-commercial use.  Except as expressly provided, all rights are reserved.  Nothing contained in this Agreement or on the Website shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of VESPYR, or any third party. 

Except as expressly permitted by the Agreement, in connection with the use of the Website, you may not:

(a) alter or modify the Website, or make any electronic reproduction, adaptation, distribution, performance, or display of the Website, or any portion thereof, except to the extent required for the limited purpose of reviewing material on the Website; or

(b) sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Website, or related materials; or

(c) remove or modify any proprietary notice or labels on the Website, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or

(d) use the Website for any non-authorized purpose or any illegal purpose; or

(e) copy, modify, erase, or damage any information contained on computer servers used or controlled by VESPYR or any third party; or

(f) use the Website to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or

(g) access or use any password-protected, secure, or non-public areas of the Website, or access data on the Website not intended for you, except as specifically authorized by VESPYR; or

(h) impersonate or misrepresent your affiliation with any person or entity or provide us with any false or misleading information; or

(i) use any automated means to access or use the Website, including scripts, bots, scrapers, data miners, or similar software, or display the Website, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or

(j) attempt to or actually disrupt, impair, or interfere with the Website, or any information, data, or materials posted and/or displayed by VESPYR; or 

(k) attempt to probe, scan, or test the vulnerability of the Website or breach any implemented security or authentication measures, regardless of your motives or intent; or

(l) attempt to interfere with or disrupt access to or use of the Website by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code; or

(m) post any content to the Website that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity, including, e.g., illicit drug use or underage drinking; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to the Agreement, including VESPYR’s rules and policies.

Third Party Properties Referred to on the Website

Our Website may refer to physical venues, geographical sites, websites on the Internet, and/or products or services that are not under the control of or maintained by VESPYR (“Third Party Properties”).  Such Third Party Properties include optional third-party tools that we may make available to you to access and use. Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by VESPYR of any such Third Party Properties.  You acknowledge that VESPYR is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that VESPYR is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties.  VESPYR does not endorse or make any representations about any Third Party Properties.  Such Third Party Properties may be subject to additional terms and conditions required by the providers of such Third Party Properties.  You should ensure that you are familiar with and approve of any terms and conditions on which such Third Party Properties are provided by the relevant providers.  .If you access, visit, or use any Third Party Properties referred to on our Website, you do so at your own risk. 

Transmissions and Availability of the Website

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. 

It is not possible to operate our Website with 100% guaranteed uptime.  VESPYR will make reasonable efforts to keep our Website operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Website.  You agree that VESPYR shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Website.

Communications

You agree that if you provide us with your e-mail address we may send you emails concerning our products and services. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email. 

You agree that if you provide us with your mobile phone number and the appropriate opt-in consent, we may send you marketing or other promotional text messages.  Messages from VESPYR may include, but are not limited to: operational communications concerning your account or use of the Website, updates concerning new and existing features on the Website, communications concerning promotions run by us or our third-party partners, and news concerning VESPYR and industry developments.  Standard text messaging charges applied by your mobile phone carrier will apply to text messages we send.  Your agreement to receive promotional texts is not a condition of any purchase or service offered by VESPYR.  If you change or deactivate the phone number you provide to us, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number.  You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems.

You may opt out of receiving text messages from us at any time by replying STOP to any text message from us.  If you opt-out of receiving all text messages from us, you will not be able to use certain services without agreeing to receive operational text messages.  You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request.

Disclaimers

THE WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS.  EXCEPT AS EXPRESSLY PROVIDED, VESPYR DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, INCLUDING EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REGARDING (A) THE WEBSITE; AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. 

VESPYR MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL OR CONTENT DISPLAYED ON OR OFFERED THROUGH THE WEBSITE IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY.  VESPYR ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability and Release

To the maximum extent permitted by applicable law and notwithstanding any other provision of this Agreement, in no event shall VESPYR or any of its affiliates or suppliers (including any of its or their partners, officers, employees, agents, contractors, successors, or assignees) be liable to you (including any of your partners, officers, employees, agents, contractors, successors, or assignees) for any DIRECT, indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, intended conduct, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), NOR FOR ANY damages arising from delay, loss of goodwill, loss of or damage to data, interruption in use or availability of data, loss of use of money or use of products, lost profits, revenue or savings (actual or anticipated), or other economic loss ensuing from or in connection with the existence, access to, use of, or inability to use the website or relating to any materials, information, qualification, or recommendations on the website, even if VESPYR or any of its affiliates or suppliers has been advised of the possibility of such damages.  These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.

YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Despite the foregoing limitation of liability for damages, if a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall not exceed one hundred U.S. dollars ($100).

Indemnity

You agree to indemnify, defend, and hold harmless VESPYR, its parents, subsidiaries, and affiliates, and its and their respective directors, officers, partners, employees, agents, contractors, successors, and assigns from and against all claims, demands, lawsuits, damages, liabilities, losses, costs, or expenses (including, but not limited to, reasonable fees and disbursements of counsel and court costs), judgments, settlements, and penalties of every kind arising from or relating to any violation of this agreement and any activity related to your use of the Website OR THE INFORMATION CONTAINED ON THE WEBSITE.

Termination

You agree that VESPYR may, to the extent feasible, in its sole discretion, and without prior notice, terminate your access to or use of any portion of our Website at any time and for any reason, with or without cause.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

You also agree that any violation by you of the Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to VESPYR for which monetary damages would be inadequate.  You consent to VESPYR’S obtaining any injunctive or equitable relief that VESPYR deems necessary or appropriate in such circumstances, without the need for a bond.  These remedies are in addition to any other remedies VESPYR may have at law or in equity. 

Intellectual Property Infringement Complaints

If you believe a work protected by a U.S. copyright you own has been posted on the Website without authorization, you may notify our copyright agent, and provide the following information:

(a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner; 

(b) identification of the copyrighted work or works claimed to have been infringed; 

(c) a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL or other description of where the infringing material appears; 

(d) your name, mailing address, telephone number, and e-mail address; 

(e) a statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent, or the law; and 

(f) a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed. 

To notify VESPYR of a claimed copyright infringement, please contact: 

VESPYR BRANDS, INC.

279 PRINCETON-HIGHTSTOWN ROAD

EAST WINDSOR, NJ 08520 USA

ATTN: AMY FARRIS WOLFE, GENERAL COUNSEL

EMAIL: AFARRIS@AUROBINDOUSA.COM

Choice of Law, Arbitration Agreement, Jury Trial Waiver, Class Action Waiver, and Forum Selection

(a) Choice of Law.  This Agreement is governed by the laws of the State of New Jersey, without regard to conflict of law provisions.

(b) Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support. If such efforts prove unsuccessful, a party may seek to submit the dispute to arbitration by sending to the other party, by certified mail, a written Notice of Dispute.  The Notice of Dispute to us should be sent to our address identified in this Agreement below (“Notice Address”).

(c) Arbitration Agreement.  Except for disputes brought in small claims court, all disputes between you and VESPYR arising out of, relating to, or in connection with the Website shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for consumer arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND VESPYR AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.  Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if VESPYR makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to VESPYR. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879.

(d) Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. 

(e) Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are an End User of the Website, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

(f) Forum Selection.  If the arbitration procedure in this Section is found unenforceable or not to apply for a given dispute, then the parties agree that the proceeding must be brought exclusively in a court of competent subject matter jurisdiction with geographic jurisdiction over East Windsor, New Jersey. 

Modifications

At any time and in VESPYR’S sole discretion, we may add, delete, or modify the Agreement.  We will use commercially reasonable efforts to publish any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions at this URL.  Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing and using the Website.  All changes to the Agreement shall be effective immediately.

Access and Use Where Prohibited

Access to and use of our Website are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this provision.

Operation of the Website from the United States of America

By accessing and using the Website, you acknowledge and agree that VESPYR controls and operates all parts of the Website from its offices in the United States of America and that the Website, and the information contained on the Website, is intended for use by End Users located in the United States of America.  Other countries may have laws, regulatory requirements and medical practices that differ from those in the United State of America. Unless expressly stated to the contrary, VESPYR makes no representation that the Website, or the information contained on the Website, is appropriate or will be available for use in other locations.  Unless otherwise explicitly stated, all material and content found on or accessible through the Website is solely directed to individuals, companies, or other entities located in the United States of America.  VESPYR reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area.  Any offer for any feature, product, or service made on or through the Website is void where prohibited.  If you access or use the Website from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws.  You may not use any portion of the Website in violation of applicable export laws and regulations.

If you access the Website from outside the United States, you acknowledge and agree that your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  Your consent to the Agreement followed by your submission of such information represents your agreement to the transfer of such information to the United States and the collection, use, and disclosure of your information in accordance with United States law and our Privacy Policy.

Unsolicited Materials and End User’s Grant of Limited Licensed

In operating our Website, VESPYR does not solicit nor does it wish to receive any confidential, secret, or proprietary information or other material from you through the Website, our mail and e-mail addresses, or in any other way.  Any information or material submitted or sent to VESPYR (including, but not limited to, comments, questions, feedback, data, suggestions, ideas and the like) will be deemed to be not confidential or secret. By submitting or sending information or other material to VESPYR, you represent and warrant that the information is original to you and that no other party has any rights to the material.

By communicating with VESPYR, including submitting or sending content to us, you grant VESPYR the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into a VESPYR feature.  For the avoidance of doubt, we are and shall be under no obligation to maintain any content you so provide in confidence, to pay compensation for any content you so provide, or to respond to you regarding or to use any content you so provide. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any content or part thereof, or other communication to VESPYR.  You also warrant that any "moral rights" in such content are waived.

Miscellaneous

If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.

No action arising out of this Agreement or your access to or use of our Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.

If VESPYR does take any legal action against you as a result of your violation of the Agreement, VESPYR will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to VESPYR.  You agree that VESPYR will not be liable to you or to any third party for termination of your access to, or use of, any of our Website as a result of any violation of the Agreement or for any reason at all.

You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by VESPYR.  Any purported assignment lacking such consent will be void at its inception.  VESPYR may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Website.

Contact Information

If you have any questions about our Website or this Agreement, please contact us at https://midnitesleep.myshopify.com/pages/contact.

Purchase Options Cancellation Policy

Cancellation Policy
Some items in our store may be offered to you as a subscription, a pre-order or try before you buy. This cancellation policy lays out how you can change or cancel these kinds of purchases.

Subscriptions
When you purchase a subscription you'll receive repeat deliveries. These are based on the subscription duration and frequency that you select.
Your payment details will be stored securely and you'll be charged for each of these deliveries, unless you choose to pay in advance.
Some subscriptions may auto-renew at the end of their duration. If you don't want to renew a subscription you can cancel it.
If you want to cancel or change your subscription, you can do it at any time. Your order confirmation emails have links to your order. You can manage your subscription from there.
See our returns policy for more details on returns and refunds.

Pre-orders
When you purchase a pre-order, you are buying an out-of-stock or soon-to-be-available product not yet in inventory. We may collect no payment or a partial deposit at checkout, store your payment method, then fulfill and charge the full or remaining payment at a future date.
You can cancel a partially paid pre-order order that has not yet been fulfilled. If the order has been fulfilled, then you can't cancel the order, but you can request a full or partial refund. See our returns policy for more details on returns and refunds.

Try before you buy
When you purchase a try before you buy item, we authorize your payment method before fulfilling the order. You will have a certain amount of time to decide if you want to keep the item. Once the time period has passed, if you have not returned the item, we will charge your payment method for the full amount.

    23. Mobile Terms of Service

Last updated: May 10, 2023

The MidNite mobile message service (the "Service") is operated by Vespyr Brands, Inc. (“MidNite”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to MidNite’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Midnite through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with MidNite. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18885714420 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other MidNite mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18885714420 or email hello@midnitesleep.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.