Orders: shop@night-frights.com
General questions: info@night-frights.com

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions of use (“Terms of Use”) and other applicable law. If you do not agree to these Terms of Use, please do not use this site. The Terms of Use herein constitute an “Agreement”. “Night Frights” as used herein refers to Night-Frights.com and/or Night Frights, LLC as may be applicable.

Copyright

The entire contents included in this site, Night-Frights.com, including but not limited to art, code, graphics, logos, photos and/or text is copyrighted as a collective work under the United States and other copyright laws, and is the property of Night Frights, LLC. The collective work includes works that are licensed to Night Frights, LLC, as well as any affiliate entities. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Night Frights, LLC or purchasing Night Frights, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Night Frights, LLC or to purchase Night Frights, LLC products. Any other use, including but not limited to the display, distribution, reproductions and/or transmission of the content of this site is strictly prohibited, unless authorized by Night Frights, LLC in writing. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Night Frights, LLC used on the site are service marks, trademarks or registered trademarks of Night Frights, LLC.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Night Frights, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Night Frights, LLC does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Night Frights, LLC does not make any warranties or representations regarding the use of the materials on this site in terms of their accuracy, adequacy, correctness, reliability, timeliness, usefulness, or otherwise. Some states in the U.S.A. do not permit limitations or exclusions on warranties, so the above limitations may or may not apply to you.

Limitation of Liability

Night Frights, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Night Frights, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may or may not apply to you.

Typographical Errors

In the event that a Night Frights, LLC product is mistakenly listed at an incorrect price, Night Frights, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Night Frights, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or other method of payment charged. If your credit card or other method of payment has already been charged for the purchase and your order is canceled, Night Frights, LLC shall issue a credit to your credit card account or other method of payment in the amount of the incorrect price.

Term / Termination

These Terms of Use are applicable to you upon your accessing the site and/or completing the registration or shopping process. These Terms of Use, or any part of them, may be terminated and/or revised by Night Frights, LLC without notice at any time, for any reason. The provisions relating to Copyright, Disclaimers, Indemnification, Limitation of Liability, Miscellaneous and Trademarks shall survive any termination.

Notice

Night Frights, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Night Frights, LLC.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Michigan, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Night Frights, LLC products) shall be in the state or federal courts located in the state of Michigan. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Night Frights, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Night Frights, LLC’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Night Frights, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you

Use of Site

Harassment in any manner or form on the site, including via chat, e-mail, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Night Frights, LLC or other licensed affiliate, employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is abusive, defamatory, illegal, invasive of privacy or publicity rights, libelous, obscene, threatening, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. You may not upload to, distribute, or otherwise publish through the site any content that advertises any product or service. Violation of any of these terms will cause you to be banned from the site, your account to be locked, and purchase orders will not be processed.

Risk of Loss

All items purchased from Night Frights.com 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. Night Frights, LLC does not reimburse for shipping costs associated with any returns. Shipping fees are nonrefundable.

Participation Disclaimer

Night Frights, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Night Frights, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Night Frights, LLC reserves the right to block or remove communications or materials that it determines to be: (a) abusive, defamatory, or obscene, (b) deceptive, fraudulent, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Night Frights, LLC in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Night Frights, LLC, its agents, affiliates, directors, employees, licensors, officers, and suppliers (collectively the “Service Providers”) from and against all costs, damages, expenses, and losses, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Night Frights, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Night Frights, LLC, Night Frights, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Night Frights, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Night Frights, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Applicable Law

By visiting Night Frights.com, you agree that the laws of the state of Michigan, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Night Frights.com, Night Frights, LLC and/or its affiliates.

Disputes

Any dispute relating in any way to your visit to Night Frights.com or to your use of products and/or services you purchase through Night Frights.com shall be submitted to either to a court of competent jurisdiction or confidential arbitration in Lapeer County, Michigan. It shall be at the discretion of Night Frights, LLC as to which method of dispute resolution will be used. In the event you have in any manner violated or threatened to violate Night Frights.com’s intellectual property rights, Night Frights.com and/or Night Frights, LLC then Night Frights may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Questions

If there are any questions regarding these Terms of Use, you may contact us using the information below.

Night Frights, LLC
785 N Lake Pleasant Rd
Attica MI 48412

info@night-frights.com

Last Updated: November 21, 2019

For more information about our other policies, refer to our Privacy Policy and our Return and Shipping Policies.