TERMS OF SERVICE
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.
These Terms and Conditions ("Terms") govern your use of the AngelAfterDark.com website, any mobile-optimized version, mobile application, or any other online service offering access to the site (collectively, the "Site") provided by Angel After Dark LLC ("Angel After Dark", "we", "us", or "our").
By accessing the Site or purchasing any products offered on it, you agree to be bound by these Terms and by our Privacy Policy. "You" or "your" refers to any individual, vendor, merchant, browser, or entity accessing or using the Site, including their heirs, assigns, and successors.
We may update or modify these Terms at any time by posting changes on the Site. It is your responsibility to review this page regularly. The most current version of the Terms will supersede all prior versions. Your continued use of the Site after any changes are posted constitutes your acceptance of the updated Terms. If you violate these Terms, we reserve the right to deny you access to the Site.
Eligibility. The Site is intended for individuals 18 years of age or older. Access or use of the Site by anyone under 18 is strictly prohibited. By using the Site, you represent and warrant that you are at least 18 years old and of the legal age required by your state of residence to purchase applicable products. It is your responsibility to determine whether you can legally buy certain products ("Products") offered on the Site. You agree not to use any Products for illegal or unauthorized purposes.
Transactions and E-Commerce. During your visit to the Site, you may engage in transactions involving the purchase of products or related services. Credit card transactions and order fulfillment are often handled by third-party processing agents, banks, or distribution institutions. While most transactions are completed successfully, perfect security does not exist online or offline. If you are concerned about online credit card safety, a phone number may be provided so you can place your order by phone. Angel After Dark LLC and its affiliates do not guarantee the success or security of transactions processed by third parties. We reserve the right to refuse, limit, or cancel any order at our sole discretion, including orders placed using the same customer account, credit card, billing address, or shipping address. If changes are made to your order, we may attempt to notify you using the email address or phone number provided at the time of your order. You represent that all information you provide in connection with purchasing products or interacting with the Site is complete, accurate, and truthful.
Products and Accuracy of Information. Certain products may be available exclusively online through the Site and may have limited quantities. Products are subject to return or exchange only according to our refund or return policy. Occasionally, a product may not be available as advertised, or may be listed at an incorrect price or with inaccurate information due to typographical errors, technology issues, publication mistakes, or incorrect information from suppliers or advertisers. We are not responsible for such errors or discrepancies. We reserve the right to limit sales of our products to any person, geographic region, or jurisdiction on a case-by-case basis. All product descriptions and pricing are subject to change at any time without notice. We also reserve the right to discontinue any product at any time. Any product offer on the Site is void where prohibited by law.
Health Information. As of the effective date of these Terms, the Food and Drug Administration (FDA) has not evaluated any statements or products on our Site. The FDA and other regulatory bodies do not endorse or approve any products or ingredients we offer. Products available through the Site are not intended to diagnose, treat, cure, or prevent any disease. Any usage or application information provided is for instructional purposes only and is not a substitute for professional medical advice. If you are pregnant, nursing, taking prescription medications, or have a pre-existing medical condition, you should consult your physician before using any products offered on the Site.
Advertisements & Linked Sites. We participate in affiliate marketing programs and other arrangements with affiliated entities and third parties, which may result in us receiving a commission if you click on certain ads or links on our Site or purchase products or services through those links.
If we provide links to other websites, it does not imply that we operate, control, or are otherwise connected with those websites. You should review the applicable terms and privacy policies before providing personal information or engaging in transactions with any third-party site. We are not responsible for the content, policies, or practices of any external sites, even if operated by companies affiliated with us.
During your use of the Site, you may access content created, hosted, or licensed by third parties. We have no control over third-party websites or resources and are not responsible for their availability, content, actions, or policies. Information you provide to such websites is subject to their own terms and privacy policies.
Your dealings with third parties through the Site are solely between you and the third party. Angel After Dark LLC is not liable for any goods, services, resources, or content available through such dealings, or for any resulting harm. Please carefully review any third party's policies before engaging in a transaction. Complaints or concerns should be directed to the third party.
Copyright. All information, content, services, and software displayed on, transmitted through, or used in connection with the Site—such as product reviews, descriptions, photographs, images, illustrations, audio clips, video, HTML, source and object code, trademarks, and logos (collectively, the "Content")—is owned by Angel After Dark LLC and/or its licensors and suppliers. You may use the Content online solely for your personal, non-commercial use. You may download or print a single copy of any portion of the Content for personal, non-commercial use, provided you do not remove any trademark, copyright, or other notices.
If you operate a website and wish to link to the Site, you may do so provided you immediately remove the link upon our request. No other use of the Content is permitted without prior written permission from Angel After Dark LLC. Your permitted use is conditioned on your compliance with these Terms at all times.
Except where explicitly stated, you may not republish, distribute, archive, modify, copy, frame, cache, reproduce, sell, transmit, or otherwise exploit any portion of the Content, whether online or offline. Scraping, decompiling, reverse engineering, disassembling, inserting code, or manipulating the Site or its Content is strictly prohibited. You may not use any data mining, robots, or similar data gathering or extraction methods.
Requests to use Content beyond the permitted use should be directed to Service@AngelAfterDark.com. In limited cases, we may allow sharing of specific images or videos through Site features designed for that purpose.
User Content Representations and Warranties. By submitting material to the Site, including posting content, communications, product reviews, text, images, audio files, video clips, or any other audio-visual content ("User Content"), you represent and warrant that: (1) you own or have all necessary rights to the User Content and to submit it under these Terms; (2) the User Content will not cause harm to any person, group, or entity; and (3) the User Content does not contain anything illegal or unlawful.
User Content License. By posting, uploading, or otherwise making available ("Providing") User Content to the Site, you grant Angel After Dark LLC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, assignable, and transferable license to use, reproduce, distribute, publish, publicly display and perform, modify, adapt, translate, store, archive, and create derivative works from your User Content, in whole or in part, in any form or medium now known or developed in the future. Without limitation, you authorize Angel After Dark LLC to: (i) share User Content across all affiliated websites, mobile applications, and services; (ii) include User Content in searchable databases; (iii) place advertisements near User Content; and (iv) use your name, likeness, and any other information you provide in connection with the User Content. You waive all moral rights in the User Content you provide. You also grant us the right to use any material, ideas, concepts, know-how, or techniques contained in communications you submit for any purpose, including commercial purposes.
All rights granted herein are provided without the need for additional compensation to you or any other party. You agree to indemnify, defend, and hold harmless Angel After Dark LLC, its affiliates, and their respective officers, directors, employees, and agents from any claims arising out of User Content you post. We reserve the right to assume exclusive defense and control of any such disputes, with your cooperation. Additionally, you grant each user of the Site a non-exclusive license to access and use your User Content through the Site, subject to these Terms.
User Content Screening and Removal. You acknowledge that Angel After Dark LLC and its designees may, but are not obligated to, pre-screen User Content. We reserve the right, at our sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including if it violates these Terms or is otherwise objectionable.
User Content Assumption of Risk. Although we may monitor or review postings and transmissions on the Site, we do not guarantee the accuracy, integrity, or quality of any User Content. All User Content is the sole responsibility of the person who provided it, and you are entirely responsible for the User Content you submit.
To protect your safety, use your best judgment when using forums, chat rooms, comment sections, or similar features. We discourage sharing personal information such as phone numbers, addresses, or other identifying details. If you choose to disclose such information, you do so at your own risk and with the understanding that it may be used to identify or contact you.
User Content Posting Rules. Any decision regarding whether User Content violates these posting rules will be made by Angel After Dark LLC at our sole discretion after receiving actual notice of such content. When you submit User Content, you agree not to provide material that:
- Contains copyrighted or proprietary material without the express permission of the owner.
- Contains vulgar, profane, abusive, racist, hateful, or otherwise offensive language, expressions, photographs, or illustrations.
- Is defamatory, threatening, disparaging, inflammatory, false, misleading, fraudulent, inaccurate, unfair, grossly exaggerated, or violates another's privacy rights.
- Causes harm or damage to the Site, Angel After Dark LLC, you, or any other party.
- Violates any rights of the Site, Angel After Dark LLC, or any third party.
- Infringes on privacy rights or rights of publicity.
- Discriminates on the basis of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in a prohibited manner.
- Violates or encourages the violation of any law, regulation, or ordinance.
- Interferes with any third party's use or enjoyment of the Site.
- Advertises, promotes, or offers to trade goods or services except where expressly permitted.
- Collects content or information from users using automated means (e.g., bots, spiders, scrapers) without prior permission.
- Violates any robot exclusion headers or circumvents security measures on the Site.
- Attempts to scrape, collect, or misuse personal information of others.
- Impersonates another individual or misrepresents your identity.
- Intercepts, monitors, damages, or modifies communications not intended for you.
- Attempts unauthorized use of another's account, password, service, or system.
- Uploads or transmits viruses, harmful code, or disruptive files.
- Disrupts, interferes with, or otherwise harms the Site's security or any connected systems or networks.
- Harasses, bullies, threatens, or "flames" any individual or entity, including repeated or abusive postings.
- Otherwise breaches these Terms.
WARNING: ANGEL AFTER DARK LLC HAS ZERO TOLERANCE FOR ANY USE OF THE SITE THAT INVOLVES, PERMITS, OR RELATES TO SEXUAL OR HUMAN TRAFFICKING, PHYSICAL ABUSE, OR THE EXPLOITATION OF CHILDREN. ANY SUCH UNLAWFUL CONTENT WILL BE REMOVED AND MAY BE REPORTED TO LAW ENFORCEMENT AUTHORITIES.
If you become aware of any prohibited activity or content, you must immediately notify us by emailing Service@AngelAfterDark.com and provide reasonable assistance in any investigation we undertake. We reserve the right to remove such content, disable or terminate user accounts, and report matters to appropriate authorities or advocacy groups as we deem necessary.
While we are not obligated to monitor user activity or content, we reserve the right to do so at our sole discretion to: (i) operate and improve the Site, including fraud prevention and customer support; (ii) ensure compliance with these Terms; (iii) comply with legal obligations or governmental requests; (iv) address any content we deem objectionable or in violation of these Terms. We may remove or disable access to any User Content without prior notice if we find it objectionable, harmful, or otherwise inappropriate. We also reserve the right to block access from specific IP addresses or geographic regions to protect the integrity of the Site.
You acknowledge and agree that we may access, preserve, and disclose your information if required by law or if we believe it is reasonably necessary to: respond to claims or legal processes; enforce or administer our agreements, including these Terms; provide requested services; protect the rights, property, or safety of Angel After Dark LLC, the Site, our users, or the public; prevent fraud, assess risks, investigate, or debug systems.
Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is our policy, in appropriate circumstances, to terminate customer accounts that infringe third-party intellectual property rights and to remove infringing User Content. If you believe your copyrighted work has been copied or used on the Site in a way that constitutes copyright infringement, please send a written notice containing the following information to our Copyright Agent (consult your legal counsel or see 17 U.S.C. § 512(c)(3) for full requirements):
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work or intellectual property you claim has been infringed;
- A description of where the allegedly infringing material is located on the Site (a URL is helpful);
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner's behalf.
Angel After Dark LLC
5042 Wilshire Blvd, Ste 176, Los Angeles, CA 90036Phone: 323-272-6605
Email: Service@AngelAfterDark.com
Please note: This contact information is for intellectual property infringement notices only. For all other inquiries, please contact us at Service@AngelAfterDark.com.
Important: Pursuant to Section 512(f) of the Copyright Act, anyone who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
General Disclaimer and Limitation of Liability. While we make reasonable efforts to provide accurate and up-to-date information, we do not guarantee the accuracy of any Content appearing on the Site, including User Content, and we assume no liability for any errors or omissions. We also do not represent or warrant that your use of any Content will not infringe upon third-party rights. We are not responsible for actions of third parties or for content provided by others, including User Content.
USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT AND ACCESS TO THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". NEITHER ANGEL AFTER DARK LLC NOR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OPERATORS, OR LICENSORS (COLLECTIVELY, "ANGEL AFTER DARK ENTITIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING: THE SITE, ITS CONTENT, ADVERTISEMENTS, INFORMATION, PRODUCTS, OR SERVICES; THE AVAILABILITY, ACCURACY, OR RELIABILITY OF THE SITE OR CONTENT; ANY RESULTS YOU MAY OBTAIN FROM USE OF THE SITE. ALL EXPRESS OR IMPLIED WARRANTIES—INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SITE WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED—ARE EXPRESSLY DISCLAIMED. ANGEL AFTER DARK ENTITIES ARE NOT RESPONSIBLE FOR THIRD-PARTY CONTENT, THE ACTIONS OF ANY THIRD PARTIES, OR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR PROPERTY CAUSED BY VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. THE SITE MAY DISPLAY FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. WE DO NOT ENDORSE THE ACCURACY, CURRENCY, OR RELIABILITY OF ANY THIRD-PARTY ADVICE, OPINIONS, OR INFORMATION SHARED THROUGH THE SITE. ANY RELIANCE YOU PLACE ON SUCH MATERIAL IS STRICTLY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW: ANGEL AFTER DARK ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DIRECT DAMAGES ARE LIMITED TO THE LESSER OF $100 OR THE AMOUNT YOU PAID TO USE THE SITE. THIS LIMITATION OF LIABILITY FULLY APPLIES TO RESIDENTS OF NEW JERSEY.
Indemnity. You agree to indemnify, defend, and hold harmless Angel After Dark LLC, its affiliates, and each of their respective shareholders, officers, directors, members, employees, representatives, contractors, agents, and licensees from and against any and all claims, including but not limited to claims for defamation, trade disparagement, privacy violations, and intellectual property infringement, as well as all related damages, costs, and expenses (including attorneys' fees and court costs), arising out of or related to your use of the Site, our use of any User Content or information you provide, any information or material submitted through your customer account (even if not posted by you), or your violation of these Terms.
United States and International Users. The Site is controlled, operated, and administered by Angel After Dark LLC or its designees from offices within the United States. The Site and Products available for purchase are intended for consumers residing in the United States. It is your responsibility to know whether accessing or purchasing Products is legal where you live. Accessing the Site and buying Products is at your own risk, and you assume all liability for compliance with applicable laws, regulations, and treaties. Angel After Dark LLC makes no representation that Products or Content are appropriate or available outside the United States. Access to the Site is prohibited from territories where its Products or Content are illegal. You may not use the Site or export any Products, Content, or User Content in violation of U.S. export laws. If you access the Site from outside the United States, you are solely responsible for complying with local laws.
Discontinuation of Service. We may modify, suspend, discontinue, or restrict access to any portion of the Site, including the availability of Products, at any time without notice or liability. We may deny access to any customer or user at our sole discretion, for any reason or no reason at all.
Statute of Limitations. You agree to file any claim related to the Site or these Terms within six (6) months from the date the claim arises, or you waive the claim. This limitation does not apply to residents of New Jersey.
Disputes. If you have concerns about the Site, you may contact us at Service@AngelAfterDark.com, and we will attempt to resolve the issue promptly through good faith negotiations. Direct consultation with Angel After Dark LLC is required before initiating any lawsuit or arbitration.
For any disputes not subject to binding arbitration under these Terms, you and Angel After Dark LLC agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. You agree to accept service of process by mail and waive all jurisdictional and venue defenses.
These Terms and your relationship with the Site are governed by the laws of the State of California, without regard to conflict of law principles.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and Angel After Dark LLC agree that these Terms involve interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This section is intended to be interpreted broadly and applies to any and all disputes between us. It covers claims arising out of or relating to any aspect of our relationship, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. It also covers claims that arose before these Terms, including claims related to advertising, and claims that may arise after the termination of these Terms. The only exceptions to this arbitration requirement are for certain intellectual property disputes and small claims, as described below.
By agreeing to these Terms, you agree to resolve any and all disputes with Angel After Dark LLC as follows:
Initial Dispute Resolution. Most disputes can be resolved without litigation. If you have a concern, you may contact us at Service@AngelAfterDark.com. Except for claims involving intellectual property rights or small claims court matters, the parties agree to use their best efforts to resolve any dispute, claim, question, or disagreement through good faith negotiations before initiating a lawsuit or arbitration.
Binding Arbitration. If a resolution is not reached within sixty (60) days after informal discussions begin, either party may initiate binding arbitration. All claims arising out of or relating to these Terms, our Privacy Policy, our relationship, or your use of the Site must be resolved through final and binding arbitration administered by JAMS. For claims under $250,000, the JAMS Streamlined Arbitration Rules apply; for claims over $250,000, the JAMS Comprehensive Arbitration Rules apply. The arbitrator, not any court, will have exclusive authority to resolve disputes relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including questions of arbitrability or waiver. The arbitrator may award any relief available under law or equity. The arbitration award will be binding and may be entered as a judgment in any court of competent jurisdiction.
To start an arbitration, you must: (i) write a Demand for Arbitration describing your claim and damages (forms available at www.jamsadr.com); (ii) send three copies of the Demand and the filing fee to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111; (iii) send one copy to Angel After Dark LLC at 5042 Wilshire Blvd, Ste 176, Los Angeles, CA 90036, or email Service@AngelAfterDark.com. Angel After Dark LLC will cover any filing fees exceeding the standard court filing fee if the arbitration is found to be non-frivolous. Each party will bear its own legal fees unless otherwise provided by arbitration rules or law.
You understand that without this arbitration agreement, you would have the right to sue in court and have a jury trial. You also understand that discovery may be more limited in arbitration than in court.
Arbitration for U.S. residents may take place in your county of residence. For residents outside the U.S., arbitration will take place in Los Angeles County, California. Both parties consent to jurisdiction there for any necessary court proceedings.
Class Action Waiver. You and Angel After Dark LLC agree that all arbitration will be conducted on an individual basis and not on a class, collective, or representative basis. YOU AND ANGEL AFTER DARK LLC WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION. If a court or arbitrator determines that the class action waiver is unenforceable, then the arbitration agreement will be deemed void.
Exception. Intellectual Property and Small Claims:
Either party may bring claims relating to the enforcement or validity of intellectual property rights (patents, copyrights, trademarks, trade secrets) in state or federal court or through administrative agencies like the U.S. Patent and Trademark Office. Either party may also seek relief in small claims court for disputes within its jurisdiction.
30-Day Right to Opt Out. You may opt out of the mandatory arbitration and class action waiver provisions by sending written notice to Service@AngelAfterDark.com with the subject line "MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT". This notice must be sent within thirty (30) days of the Effective Date of these Terms or the first time you use the Site after this version of the Terms becomes effective, whichever is later. If you opt out, Angel After Dark LLC will not be bound by these arbitration provisions either.
Changes to This Section. Angel After Dark LLC reserves the right to modify this Mandatory Arbitration and Class Action Waiver section at any time to reflect changes in the law, our Site's features, or other relevant considerations. Please review this page periodically for updates. Any changes to this section will become effective sixty (60) days after the revised Effective Date and will apply only to claims arising after that sixtieth (60th) day. If a court or arbitrator determines that this "Changes to This Section" subsection is unenforceable or invalid, it shall be severed, and the first applicable version of the Mandatory Arbitration and Class Action Waiver in effect when you began using the Site will apply.
Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your account or the Site.
General Provisions.Force Majeure. Angel After Dark LLC will not be considered in breach of these Terms if performance is delayed or prevented due to events beyond our reasonable control, including acts of God, natural disasters, pandemics, terrorism, war, governmental actions, or similar force majeure events.
Severability. If any provision of these Terms is found to be unenforceable, it shall be enforced to the maximum extent permissible, and the remaining Terms will remain in full force and effect.
No Waiver. Failure to enforce any provision of these Terms will not constitute a waiver of that or any other provision.
No Third-Party Beneficiaries. Except as expressly stated, these Terms do not confer any rights or remedies on any third parties.
Section Titles. Section titles in these Terms are for convenience only and have no legal or contractual effect.
Termination. Upon termination of these Terms, any provisions that, by their nature, should survive (including, without limitation, limitations on your use of Content, granted licenses, disputes provisions, and others) will survive.
Conflicts. In the event of a conflict between these Terms and any electronic or machine-readable statement or policy, these Terms will govern. In the event of a conflict between these Terms and our Privacy Policy, the Privacy Policy will control.
No Joint Venture, Partnership, or Agency Relationship. Nothing in these Terms, the Privacy Policy, the SMS Terms & Conditions, or your use of the Site creates a partnership, agency, or joint venture between you and Angel After Dark LLC.
Material Terms. The provisions of these Terms that limit liability and disclaim warranties are essential parts of the agreement between you and Angel After Dark LLC.
Entire Agreement. These Terms, together with the Privacy Policy and SMS Terms & Conditions, constitute the entire agreement between you and Angel After Dark LLC regarding your use of the Site. They supersede all prior or contemporaneous agreements or understandings. No amendment to these Terms will be binding unless made in writing and signed by Angel After Dark LLC.
Angel After Dark LLC may post updated Terms at any time, and your continued use of the Site after the Effective Date of such changes will constitute your acceptance. No delay or failure to exercise any right under these Terms shall operate as a waiver of such right. In the event of a conflict between these Terms and any other terms (such as purchase terms), these Terms will govern.