Skip to content
← Back to log in

Terms of Service — DRAFT

⚠️ DRAFT — NOT LEGAL ADVICE. This document was generated as a starting template based on common research-supply industry practice. It has not been reviewed by an attorney. Do not publish it as-is. Have a qualified lawyer licensed in your jurisdiction review and finalize it, and fill every [BRACKETED] placeholder. Midnight Peppers and the author of this draft make no representation that it is complete, accurate, or compliant with any law.

Effective date: [DATE] Last updated: [DATE]

These Terms of Service ("Terms") govern your access to and use of the Midnight Peppers website located at midnightpeppers.com (the "Site") and any products purchased through it (the "Products"). By registering for an account, accessing, or using the Site, you agree to be bound by these Terms. If you do not agree, do not register for or use the Site.

1. Eligibility — 21+ and Legal Capacity

You must be at least 21 years of age and have the legal capacity to enter into a binding contract to register for or use the Site. By registering, you represent and warrant that you are 21 or older and that all information you provide is accurate. We may refuse service, terminate accounts, or cancel orders at our discretion, including where we believe this requirement is not met.

2. Research Use Only

All Products are sold strictly for laboratory, analytical, and scientific research use only. By purchasing, you acknowledge and agree that:

  • Products are not drugs, foods, cosmetics, dietary supplements, or medical devices, and are not intended for human or animal consumption, ingestion, injection, application, or any in-vivo use.
  • Products are not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition, and have not been evaluated or approved by the U.S. Food and Drug Administration or any other regulatory authority for any such use.
  • Products are intended to be handled and used only by qualified persons with the training, facilities, and licenses appropriate for handling research materials, in compliance with all applicable laws, regulations, and institutional and safety guidelines.

You agree not to purchase, use, resell, or distribute any Product for human or animal consumption or for any purpose other than legitimate laboratory research.

3. Buyer Attestation and Assumption of Risk

By registering and by each purchase, you attest that:

  • You are acquiring Products solely for lawful research and development purposes.
  • You are solely responsible for the safe handling, storage, use, and lawful disposal of the Products after delivery.
  • You will comply with all applicable federal, state, local, and international laws and regulations governing the purchase, possession, handling, use, and disposal of the Products.
  • You assume all risk and liability arising from your possession and use of the Products, and you acknowledge that Midnight Peppers has no control over, and is not responsible for, how Products are used or stored once delivered.

4. Account Registration

To access the Site you must create an account, provide accurate and complete information, verify your email address, and agree to these Terms and the Privacy Policy. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly of any unauthorized use. One account per person; accounts are non-transferable.

5. Orders, Pricing, and Payment

All orders are subject to acceptance and availability. We may refuse or cancel any order at our discretion. Prices are shown in U.S. dollars and may change without notice. You authorize us and our payment processor to charge your selected payment method for the total order amount, including applicable taxes and shipping. [PAYMENT PROCESSOR TERMS / SURCHARGE / TAX LANGUAGE — TBD.]

6. Shipping

[SHIPPING TERMS — carriers, domestic/international, risk of loss on transfer to carrier, refused/undeliverable packages, restricted jurisdictions — TBD.]

7. Returns and Refunds

Due to the nature of the Products, [RETURN/REFUND POLICY — e.g., all sales final except for products damaged in transit or defective, subject to reporting within N days — TBD].

8. Prohibited Conduct

You may not: (a) use any Product for human or animal consumption or any in-vivo purpose; (b) resell or distribute Products for consumption or any unlawful purpose; (c) misrepresent your identity, age, or intended use; (d) use the Site for any unlawful purpose or in violation of these Terms; or (e) interfere with or attempt to gain unauthorized access to the Site or its systems.

9. Intellectual Property

The Site and its content — including text, graphics, logos, and images — are owned by or licensed to Midnight Peppers and are protected by intellectual property laws. You may not copy, reproduce, or use them without our written permission.

10. Disclaimer of Warranties

THE SITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Products are fit for any particular purpose beyond general research use, and we disclaim all warranties regarding any human, animal, therapeutic, or diagnostic use, which is prohibited.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIDNIGHT PEPPERS AND ITS OWNERS, OFFICERS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES ARISING FROM MISUSE OF THE PRODUCTS. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM. [Some jurisdictions do not allow certain limitations; attorney to tailor.]

12. Indemnification

You agree to indemnify and hold harmless Midnight Peppers and its owners, officers, and affiliates from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Products, your violation of these Terms, or your violation of any law or the rights of any third party.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-laws rules. [DISPUTE RESOLUTION / ARBITRATION / VENUE — TBD by attorney.]

14. Changes to These Terms

We may update these Terms at any time. Material changes will be posted on this page with an updated date. Continued use of the Site after changes constitutes acceptance.

15. Contact

Questions about these Terms: [CONTACT EMAIL / ADDRESS].