Legal

Terms & Conditions

Terms of Service

Effective December 9th, 2024

OVERVIEW

This website and any related mobile applications (collectively, the “Services”) are operated by NightOwling.com. Throughout the site, the terms “we,” “us,” and “our” refer to NightOwling.com. By accessing our site, downloading or using our mobile applications, and/or purchasing from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including all referenced policies.

Please read these Terms carefully before using our Services. By accessing or using any part of the Services, you agree to these Terms. If you do not agree, you may not use our Services.

SECTION 1 – Website Terms

  • You must be of legal age or have parental consent to use our Services.
  • You must not use the Services for illegal purposes or violate applicable laws.
  • Transmission of harmful code (viruses, worms, etc.) is strictly prohibited.
  • Mobile application users are responsible for ensuring device compatibility and using updated software.

SECTION 2 – General Conditions

  • We reserve the right to refuse service to anyone at any time.
  • Content (excluding credit card information) may be transferred unencrypted across networks.
  • You agree not to exploit any part of the Service without express written permission.
  • You are granted a non-transferable, non-exclusive license to use our mobile applications for personal, non-commercial purposes.

SECTION 3 – Accuracy, Completeness, and Timeliness of Information

  • Information provided on the site is for general use and should not be relied upon solely.
  • Historical information is provided for reference and may not be current.

SECTION 4 – Modifications to the Service and Prices

  • Product prices and Service offerings may change without notice.
  • We may modify or discontinue the Service without liability.

SECTION 5 – Products or Services

  • Products/services may be available exclusively online and are subject to our Return Policy.
  • Efforts are made to accurately display product images and colors; however, we cannot guarantee accuracy.
  • We reserve the right to limit quantities, discontinue products, or refuse sales.

SECTION 6 – Billing and Account Information

  • We may refuse or limit orders at our discretion, especially if fraud is suspected.
  • You must provide accurate, updated account information for all transactions.

SECTION 7 – Optional Tools

  • Third-party tools are provided “as is” without warranties or liability.
  • Use of these tools is at your own risk.

SECTION 8 – Third-Party Links

  • The Service may include links to third-party websites, which we do not control or endorse.
  • We are not responsible for third-party transactions or content.

SECTION 9 – User Comments, Feedback, and Submissions

  • By submitting content to us, you grant us the right to use it without restrictions.
  • You agree not to violate third-party rights or submit harmful or false content.

SECTION 10 – Personal Information

Your submission of personal information is governed by our Privacy Policy.

SECTION 11 – Errors, Inaccuracies, and Omissions

  • We reserve the right to correct errors or inaccuracies and cancel orders if necessary.
  • No obligation is made to update or clarify information except as required by law.

SECTION 12 – Prohibited Uses

You may not use the Services for:
(a) Illegal activities;
(b) Harassment, abuse, or discrimination;
(c) Uploading harmful code;
(d) Collecting personal information unlawfully;
(e) Spamming or scraping; and more.

Violations will result in immediate termination of access.

SECTION 13 – Disclaimer of Warranties; Limitation of Liability

  • The Service is provided “as is” without warranties.
  • We are not liable for any direct, indirect, incidental, or consequential damages.

SECTION 14 – Indemnification

You agree to indemnify and hold NightOwling.com harmless from any claims arising from your breach of these Terms.

SECTION 15 – Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

SECTION 16 – Termination

We may terminate your access to the Services at any time for violations. You remain liable for amounts due up to the termination date.

SECTION 17 – Entire Agreement

These Terms, along with any policies referenced, constitute the entire agreement between you and us.

SECTION 18 – Governing Law

These Terms are governed by the laws of the United States.

SECTION 19 – Changes to Terms of Service

We reserve the right to update these Terms. Continued use of the Services constitutes acceptance of changes.

SECTION 20 – Contact Information

For questions, email us at support@NightOwling.com.