Terms & Conditions

Welcome to nightlyrestlabs.com (the “Website”), operated by Thorn Valley Holdings Incorporated d/b/a Nightly Rest Labs (“Nightly Rest Labs,” “we,” “us,” or “our”). By accessing or using this Website, you agree to these Terms & Conditions (the “Terms”). We may update these Terms at any time by posting a revised version on the Website. If you do not agree, please exit the Website immediately.

Disclaimer of Warranty

All content, materials, products, services, and information on the Website are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. Nightly Rest Labs and its affiliates, and their respective directors, officers, employees, agents, contractors, successors, or assigns, will not be liable for any damages arising out of or related to your use of (or inability to use) the Website or any linked site. This waiver applies to direct, indirect, incidental, consequential, special, punitive, exemplary, or other damages (including lost profits, business interruption, loss of data or information), even if advised of the possibility, under any theory of liability.

Trademarks & Copyrights

All content on the Website—including code, graphics, images, text, audio, icons, digital downloads, data compilations, and software—is the property of Nightly Rest Labs or its partners/suppliers and is protected by U.S. and international intellectual property laws. You are permitted to browse and use the Website for information only. Any other use—including reproduction, duplication, modification, distribution, sale, transmission, republication, removal, framing, display, or performance of any content, in whole or in part—is strictly prohibited without our prior written consent. No license or right is granted by implication or otherwise.

Third-Party Websites

Third-party websites linked from the Website are independent of Nightly Rest Labs. We are not responsible for the content, practices, or activities of such sites and do not endorse them. Linking to off-site pages is at your own risk.

User Restrictions

This Website is for your personal, non-commercial use only. You agree not to:

Use the Website for advertising or selling products;
Scrape, crawl, or harvest content using robots, spiders, or similar tools;
Frame or enclose any trademark, logo, or proprietary information;
Use meta tags or hidden text that reference Nightly Rest Labs or our trademarks;
Modify, reproduce, duplicate, copy, distribute, resell, publish, license, or exploit the Website or its content.

Unlawful Conduct

You may not post or transmit any libelous, defamatory, obscene, pornographic, inflammatory, profane, or otherwise unlawful content. We reserve all rights to seek remedies for violations.

Product Descriptions

We strive for accuracy but do not warrant that product descriptions or other content on the Website are accurate, complete, reliable, current, or error-free.

Revisions

We may change, suspend, or discontinue any aspect of the Website (including content, products, services, or prices) at any time, with or without notice.

Consent

By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Indemnity

You agree to indemnify, defend, and hold harmless Nightly Rest Labs and its affiliates, officers, employees, agents, licensors, and licensees from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Website, your breach of these Terms, or your violation of any law or third-party rights.

Enforceability & Governing Law

These Terms and your use of the Website are governed by the laws of the State of Colorado, without regard to conflict-of-law principles. Venue for any action not subject to arbitration (see SMS terms below) will be exclusively in the state or federal courts located in Denver County, Colorado, and you consent to such jurisdiction and venue.

Your Representations

You represent that you are 18 years of age or older (or the age of majority in your jurisdiction).

Return/Refund Policy

Please see our Return & Refund Policy for details.

Customer Service

Questions? Contact us at help@nightlyrestlabs.com.

Mailing & Returns Address: Nightly Rest Labs, Aurora, CO 80011, USA

Prohibited Resale & Order Limits

Purchases from the Website are for end consumers only. We may limit quantities and refuse or cancel orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors. We may set per-product quantity limits and/or cancel multiple orders shipped to the same address or account.

Promotions

Promotions or promo codes (when offered):

Are not stackable (one code per order);
May exclude subscriptions, bundles, or specific items;
Are valid only during the stated promotional window;
Are non-transferable and not redeemable for cash;
May be subject to additional terms posted with the offer.

We may modify or cancel promotions at any time.

Subscriptions

If you enroll in “Subscribe & Save” or similar:

You authorize recurring charges to your chosen payment method for the items and schedule selected;
You can pause, skip, or cancel future shipments before the renewal charge processes (timing posted in your account emails);
Discounts and benefits apply to eligible subscription items only and may change on notice;
Promotions and rewards typically do not apply to subscription renewals unless stated.

Accepted Payment Methods

We accept major credit/debit cards and common digital wallets supported by Shopify (e.g., Shop Pay, PayPal, Apple Pay, Google Pay). Availability may vary by device and location.

Health & FDA Disclaimer

Dietary supplement statements on this Website have not been evaluated by the U.S. Food and Drug Administration. Products are not intended to diagnose, treat, cure, or prevent any disease. Information on this Website is for educational purposes only and is not a substitute for professional medical advice. Always consult your physician before using any supplement, especially if you are pregnant, nursing, have a medical condition, or are taking medications. Individual results may vary. Any testimonials are volunteered and not necessarily typical.

SMS/MMS Mobile Message Terms (if you opt-in)

By consenting to Nightly Rest Labs’ mobile message program (the “Program”), you agree to receive recurring SMS/MMS messages (e.g., order updates, account alerts, and promotions) to the mobile number you provide. Message frequency varies. Message and data rates may apply. Your consent is not a condition of purchase. Participation is voluntary.

Opt-Out: Text STOP to cancel. You’ll receive a one-time confirmation message.
Help: Text HELP for assistance or email help@nightlyrestlabs.com.
Carriers are not liable for delayed or undelivered messages. You agree to provide a valid mobile number and update it if it changes. We may change the sending number/short code; messages to an old number may not be received.

Program Dispute Resolution (Arbitration & Class Action Waiver)

To the fullest extent permitted by law, any dispute or claim arising out of or relating to the Program or these SMS terms will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its Consumer Rules, and governed by the Federal Arbitration Act (FAA). YOU AND NIGHTLY REST LABS WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

Exceptions: You may bring an individual action in small claims court; seek agency relief; or seek injunctive relief in aid of arbitration. If a court finds the class-action waiver unenforceable as to a specific claim, that claim must proceed in court; the rest will be arbitrated.

Notice of Dispute: Before filing arbitration, send written notice describing the dispute and requested relief to Nightly Rest Labs – Legal, Aurora, CO 80011, USA. If unresolved after 30 days, either party may commence arbitration. Each party bears its own fees unless the arbitrator awards otherwise under applicable rules/law.

Customer Ratings, Reviews & Q&A – Terms of Use

By submitting content (reviews, Q&A, photos, testimonials) to Nightly Rest Labs (the “CRR Service”), you represent and warrant that:

You are the sole author and owner of the content and it does not infringe any third-party rights (including IP, privacy, or publicity);
Your content is accurate and reflects your honest opinions and personal experience;
You are at least 18 years old;
You will disclose any material connection to Nightly Rest Labs (e.g., free product, discount) in compliance with FTC guidelines;
Your content does not contain false, misleading, unlawful, defamatory, hateful, harassing, discriminatory, obscene, or offensive material; malware; or personal contact info.

You grant Nightly Rest Labs a perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, copy, modify, publish, translate, create derivative works from, distribute, and display your content (including your name, location, and any images you provide) in any media. We may edit, refuse to post, or remove content in our sole discretion, consistent with applicable law. You are solely responsible for your submissions and agree to indemnify Nightly Rest Labs for any claims arising from them.

Miscellaneous

If any provision of these Terms is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver.

Contact Us

Nightly Rest Labs

Email: help@nightlyrestlabs.com