Good Night Wet Hair Terms of Use

Effective Date: 10/17/2025

These Terms of Use (“Terms”) govern your access to this website and all other applicable websites operated by [Good Night Wet Hair, LLC] and its affiliates and subsidiaries (“GNWH”) (collectively, the “Site”).

BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.

We may modify these Terms at any time.  All changes will be effective immediately upon posting to the Site.  Material changes will be conspicuously posted on the Site or otherwise communicated to you.  By using the Site after changes are posted, you agree to those changes.

1. Content.  The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of GNWH or, as applicable, its vendors or licensors.  Except for the rights expressly granted to you in the next section, GNWH reserves all other rights in and to the Site and Content, including all intellectual property rights.

2. Use Rights.  You may only use the Site or Content for your personal, non-exclusive use in the United States, so long as you comply with these Terms and all other terms posted throughout the Site as applicable to you (if any), and all applicable laws.  You may only use the Site and the Content for their intended purposes for which they are made available to you by GNWH.

3. Accounts. To access and use certain areas or features of the Site, you will need to register for an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. You further understand and agree that we may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.

4. Use of Marks.  GNWH owns certain trademarks, names, logos, insignia, or service marks (“Marks”).  You do not have the right to use any Marks except as expressly agreed to in writing by GNWH.  In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners.  Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party's consent.

5. Email and Text Communications. By providing your mobile phone number to us through the Site, you consent to receive calls or text messages at any such phone number sent by or on behalf of us, including autodialed calls and/or text messages, for marketing, promotional, operational or transactional purposes, such as updates related to your account or appointments. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt-out, you may continue to receive calls or messages for a short period of time while we process your request. It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you. Please contact your mobile phone carrier for details

6. Intellectual Property Rights.  The Site and Content are protected by copyright, trademark, and other intellectual property laws.  Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to GNWH or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

7. Compliance with Laws.  In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

8. Children's Information.  The Site is not directed at children under the age of eighteen (18) years old.  If you are under eighteen (18) years old, you must immediately stop using the Site.

9. Restrictions on Your Use of the Site.

(a)            You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without GNWH’s prior written consent.

(b)            You will not use the Site for unlawful purposes.

(c)            You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.

(d)            You will not engage in data mining or similar data gathering or extraction activities from the Site.  You will not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.

(e)            You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

(f)             You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.

(g)            You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.

(h)            You may not frame, mirror, or circumvent the navigational structure of any part of the Site.

(i)             You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.

(j)             You may not engage in any conduct while using the Site that GNWH considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.

10. Feedback and Other Content Submitted By You.  If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not personal information ("Feedback"), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

11. Social Media.  Links to GNWH’s social media pages (e.g. Facebook, Twitter (or X), LinkedIn, and YouTube) are included on the Site ("Social Media Pages").  Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect GNWH’ views.  We reserve the right to remove anything from our Social Media Pages, in our sole discretion.  We may also take steps to block users from access to our Social Media Pages who violate these Terms.  If we follow, like, favorite, share, or re-post an individual's content on our Social Media Pages, that is not an endorsement by GNWH of that third party or any service or company they represent.

12. Payment. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges and applicable taxes. Payment must be made using a valid credit card, debit card, or other payment method we or our vendors accept. By submitting payment information, you authorize us (or our third-party payment processor) to charge your chosen payment method. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. You remain responsible for any taxes that may be applicable to your transactions.

13. Returns. The following return policy applies to Good Night Wet Hair™ brand products and not to other products. This return policy applies only if a different return policy is not stated with regard to a specific product. Please check your order carefully upon receipt. If you are not completely satisfied with your order, return your item(s) back to us within the first 60 days from the date you receive your original order, and we will refund 100% of your purchase price (less shipping costs). This refund will then be processed when we receive your returned product.  Refunds will be issued to the original form of payment used for the purchase. Once we receive and inspect your returned product, we will process your refund within 5 business days. Depending on your financial institution, it may take an additional 14 business days for the refund to appear on your account statement. Shipping and handling charges are non-refundable.

14. Returns – California Residents.  Pursuant to California Civil Code §1723, if you are a California resident and you purchase a product through the Site, you are entitled to a full refund, exchange, or store credit if you return the product within sixty (60) days from the date of receipt, provided the product is in its original condition (unless it is non-returnable for health or hygiene reasons, as clearly marked at the time of sale). Because we operate exclusively online and have no physical retail locations, all returns must be initiated through the Site and shipped back to us in accordance with the instructions provided in our Return Policy. The foregoing return rights apply in addition to any other rights you may have under applicable law. If our posted return policy differs from the return rights under California law, the posted return policy will control only if it is more favorable to you.

15. Shipping and Handling. At GNWH’s option, all orders will be processed and will be shipped via [insert] depending upon location and size of the order.

16. Availability. GNWH’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. GNWH makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. GNWH reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. As part of our shipping procedures, we verify the availability and the price before an item is shipped.  GNWH does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. GNWH reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.

17. Health Information. I understand that any Good Night Wet Hair™ product is not intended to diagnose, treat, cure, or prevent any disease. I understand the information on this website or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that any product purchased from GNWH is not intended or to be used to treat any type of medical condition.

18. NO WARRANTY.  THE SITE AND ALL MATERIALS, INFORMATION, PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GNWH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

GNWH MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED.  GNWH DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT.  GNWH DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

19. LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GNWH OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “GNWH PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A GNWH PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE GNWH PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

20. INDEMNIFICATION.  YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE GNWH PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE.  WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION). 

21. Third-Party Websites and Content.  The Site may link to, or be linked to, websites not maintained or controlled by GNWH.  Those links are provided as a convenience to the visitors of our Site.  GNWH is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site.  GNWH does not warrant or endorse any third-party website or any products or services made available through those websites.  When leaving the Site, it is the terms and privacy notice of that third party that govern your use of the third-party site (and such third-party's use of your personal information), not these Terms. The Site may also contain certain third-party content. We provide third-party content for your convenience, not as an endorsement.  The presence of third-party content does not mean that GNWH has reviewed the third-party content or that there is any association between GNWH and any third party.  You access third-party content at your sole risk. GNWH has no responsibility for any third-party content.  Nothing in these Terms grants you any rights to any third-party content.

22.  Privacy. Your submission of information through the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for details on how we collect, use, and disclose information.

23.  Linking to the Site.  You are prohibited from linking to the Site on your website or elsewhere without the prior express written consent of GNWH.  If GNWH grants you a right to link to the Site, certain terms may apply, and GNWH reserves the right to revoke such consent at any time.  You are responsible for any costs incurred by GNWH in enforcing its rights under this Section. 

24. Use in the United States.  The Site is intended for use in the United States only.  We do not guarantee that use of the Site will be available or permitted in any location other than the United States.  If you choose to access the Site from a location other than the United States, you do so at your own risk.  THE EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS GNWH OR THE GNWH PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.

25. Termination.  If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to your account or the Site or Content.  GNWH may suspend or terminate your account, the Site or any Content, in whole or in part, at any time in its sole discretion for any reason.  GNWH shall not be liable to you or anyone else for any damages arising from or related to GNWH’ suspension or termination of your account or access to the Site or the Content, or in the event GNWH modifies, discontinues or restricts the availability of your account, the Site or the Content (in whole or in part).

26. Site Unavailability.  Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

27. Cooperation with Law Enforcement.  GNWH will cooperate with law enforcement if you are suspected of having violated applicable laws.  YOU WAIVE AND HOLD GNWH AND THE GNWH PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

28. DMCA Notice. If you believe any content on the Site infringes your copyright, please notify our designated agent pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512) at support@goodnightwethair.com. Your notice must include: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement that you have a good faith belief that use of the material is not authorized; (e) a statement under penalty of perjury that the information in your notice is accurate; and (f) your signature.

29. Governing Law.  These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Texas without reference to its conflicts or choice of law principles. Any arbitration or court proceeding will take place in Dallas, Texas and you hereby consent to the exclusive jurisdiction and venue of the state or Federal courts in Dallas, Texas. You irrevocably submit and consent to the personal jurisdiction of such courts. Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one year after the cause of action or claim arises.

30. Assignment.  We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you.  You may not assign your rights or delegate your duties under these Terms without our prior written consent.  These Terms inure to the benefit of GNWH’ successors and assigns.

31. Entire Agreement.  These Terms and any terms posted throughout the Site (if any) are the entire agreement between you and GNWH with respect to your access to and use of the Site.

32. Waiver.  GNWH’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by GNWH.

33. Severability.  If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.  The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

34. Electronic Communications.  These Terms and any other documentation, agreements, notices, or communications between you and GNWH may be provided to you electronically to the extent permissible by law. 

35. Contact Us.  Please direct any questions and concerns regarding these Terms to us at support@goodnightwethair.com.