Terms of Service

1. Acceptance of Terms

By accessing or using the JANI ZORVEX website located at https://janizorvex.com (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Site. These Terms constitute a legally binding agreement between you and JANI ZORVEX INC ("JANI ZORVEX," "we," "us," or "our").

2. Modifications to Terms

We reserve the right to modify these Terms at any time. We will post the updated Terms on this page with a revised "Last updated" date. Your continued use of the Site after any changes constitutes acceptance of the new Terms. It is your responsibility to review these Terms periodically.

3. Eligibility and User Accounts

You must be at least 18 years of age to create an account or make a purchase on the Site. By creating an account, you represent and warrant that you are 18 or older and that the information you provide is accurate and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at [email protected] if you suspect any unauthorized use of your account.

4. Acceptable Use and User Conduct

You agree not to: (a) use the Site for any unlawful purpose; (b) interfere with or disrupt the Site or servers; (c) attempt to gain unauthorized access to any portion of the Site; (d) bypass access controls or disrupt the Site through automated requests; (e) post or transmit any content that is defamatory, obscene, infringing, or otherwise objectionable; (f) impersonate another person or entity; (g) engage in fraudulent activity, including using stolen credit cards or false billing information; or (h) resell products purchased from the Site in a manner that implies an affiliation with JANI ZORVEX without our consent.

5. Intellectual Property

All content on the Site, including text, graphics, logos, images, product designs, and software, is the property of JANI ZORVEX or its licensors and is protected by United States and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our prior written consent. The "JANI ZORVEX" name and logo are trademarks of JANI ZORVEX INC.

6. User-Generated Content License

If you submit reviews, testimonials, photos, or other content to the Site (collectively, "User Content"), you grant JANI ZORVEX a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the Site and our marketing efforts. You represent that you own or have the necessary rights to submit the User Content and that it does not violate any third-party rights.

7. Product Descriptions

We strive to display product descriptions, materials, dimensions, and specifications as accurately as possible. However, we do not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current, or error-free. Colors shown on screen may vary from actual products due to monitor settings. If a product is not as described, your sole remedy is to return it in unused condition within the 7-day return window. See our Returns Policy for details.

8. Pricing

All prices are listed in U.S. dollars and are subject to change without notice. We reserve the right to correct typographical errors in pricing. If you are charged an incorrect price, we will either contact you for instructions before shipping or cancel your order and refund the amount charged. Promotional discounts and coupon codes are subject to specific terms and may expire without notice.

9. Orders

Online payments are not enabled yet. Payment brand logos are displayed for reference only. Checkout allows you to review a cart but does not submit an order, collect card details, or charge you. Local accounts are stored only in your browser and do not create a server account.

10. Shipping

We ship to addresses within the United States only. Shipping methods, rates, and free shipping thresholds are described in our Shipping Policy. Estimated delivery times are not guaranteed and are subject to carrier performance and external factors.

11. Returns

You may return eligible items within 7 days of delivery subject to the conditions in our Returns Policy. Certain items are non-returnable for hygiene reasons, including opened pillows and used mattress toppers.

12. Disclaimers

The Site and all products are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. JANI ZORVEX does not warrant that the Site will be uninterrupted, error-free, or secure. Products are not intended to diagnose, treat, cure, or prevent any medical condition, including sleep disorders. Consult a healthcare professional for medical advice.

13. Limitation of Liability

To the maximum extent permitted by law, JANI ZORVEX, its officers, directors, employees, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or related to your use of the Site or any product purchased from the Site. Our total aggregate liability for any claim arising out of or related to these Terms or the Site shall not exceed the amount you paid to JANI ZORVEX in the preceding twelve (12) months, or one hundred dollars ($100.00), whichever is greater.

14. Indemnification

You agree to indemnify, defend, and hold harmless JANI ZORVEX, its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of your use of the Site, your violation of these Terms, your violation of any third-party rights, or your User Content.

15. Limitation Period

Any claim or cause of action arising out of or related to these Terms or the Site must be filed within one (1) year after such claim or cause of action arose, or it shall be permanently barred.

16. Arbitration Agreement

Any dispute or claim arising out of or relating to these Terms, the Site, or any product purchased from the Site shall be resolved by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) under the JAMS Streamlined Arbitration Rules then in effect. The arbitration shall be conducted in Salt Lake City, Utah. The arbitrator's award shall be final and binding, and judgment may be entered thereon in any court of competent jurisdiction. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16.

17. Class Action Waiver

You and JANI ZORVEX agree that each party may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

18. Dispute Resolution

Prior to initiating arbitration, the parties shall attempt to resolve the dispute informally by sending a written notice of the dispute to the other party. If the dispute is not resolved within thirty (30) days, either party may commence arbitration. The parties agree to engage in good faith negotiations before seeking arbitration.

19. Governing Law

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without regard to its conflict of law provisions. For claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah.

20. Force Majeure

JANI ZORVEX shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions, labor disputes, supply chain disruptions, transportation failures, or internet or telecommunications outages.

21. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect.

22. Waiver

The failure of JANI ZORVEX to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless in writing and signed by an authorized representative of JANI ZORVEX.

23. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Returns Policy, Refund Policy, and Warranty Policy, constitute the entire agreement between you and JANI ZORVEX regarding the use of the Site and supersede all prior or contemporaneous agreements and communications, whether oral or written.

24. Survival

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to sections on intellectual property, limitation of liability, indemnification, arbitration, governing law, and severability.

25. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. JANI ZORVEX may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of all or a portion of its assets. Any attempted assignment in violation of this section is void.

26. Third-Party Links

The Site may contain links to third-party websites that are not owned or controlled by JANI ZORVEX. We are not responsible for the content, privacy practices, or accuracy of third-party sites. Accessing third-party links is at your own risk, and JANI ZORVEX disclaims all liability for any damages resulting from their use.

27. Privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Site, you consent to the practices described in the Privacy Policy.

28. Cookies

We use only necessary cookies to operate the Site, such as for cart functionality and session management. For more information, see our Cookie Policy.

29. Accessibility

JANI ZORVEX is committed to making the Site accessible to all users, including those with disabilities. See our Accessibility Statement for more information about our compliance with WCAG 2.1 AA and the Americans with Disabilities Act.

30. Notices

Any notices to JANI ZORVEX shall be sent by email to [email protected] or by postal mail to the address listed below. Notices are deemed received upon confirmation of delivery for email or three (3) business days after mailing for postal mail.

31. Contact Information

If you have questions or concerns about these Terms, please contact us:

Email: [email protected]