Terms of service

overview

This website is operated by ZYAVIE. Throughout the site, the terms “we”, “us” and “our” refer to ZYAVIE. ZYAVIE offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants and contributors of content.

Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store shall also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

section 1 – online store terms

You confirm that you are at least 18 years old (or the age of majority in your jurisdiction). Our Service is not directed to children under 13. If you are 13–17, you may use the Service only with the consent and supervision of a parent or legal guardian.
You may not use our products for any illegal or unauthorized purpose, and you may not violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses or code of a destructive nature. A breach of any of the Terms will result in an immediate termination of your Services.

section 2 – general conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit-card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements. Credit-card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.

section 3 – accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk.

section 4 – modifications to the service and prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

section 5 – refund policy

Our refund policy is outlined on our Refund Policy page, which is incorporated by reference. Please review it carefully before making a purchase.

In case of any conflict between this Section and the Refund Policy page, the Refund Policy page shall prevail.

section 6 – accuracy of billing and account information

We reserve the right to refuse any order placed with us. We may limit or cancel quantities purchased per person, per household or per order. In the event we make a change to or cancel an order, we may attempt to notify you using the email and/or phone number provided at checkout. You agree to provide current, complete and accurate purchase and account information.

section 7 – order acceptance; pricing & availability

We may refuse or cancel any order at our sole discretion, including for suspected fraud, pricing or typographical errors, stock limitations, or violations of these Terms. If your order is canceled after you have been charged, we will issue a full refund to your original payment method. Prices, promotions and availability are subject to change without notice.

section 8 – intellectual property

All content on this site—including text, graphics, logos, images, product descriptions, videos and software—is the property of ZYAVIE or its licensors and protected by U.S. and international copyright, trademark and other laws. Any unauthorized use is strictly prohibited.

section 9 – third-party links & services

Certain content, products and services available via our Service may include materials from third parties and links to third-party websites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third-party materials or websites. Your use of third-party services is at your own risk and subject to their terms and privacy policies.

section 10 – marketing emails & sms

By providing your email or mobile number during checkout or account creation, you consent to receive marketing communications from ZYAVIE. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. You may unsubscribe from emails via the link in the message and opt out of SMS by replying STOP (reply HELP for help). Delivery of messages is subject to your carrier, and carriers are not liable for delayed or undelivered messages. See our Privacy Policy for details.

section 11 – shipping; title & risk of loss

Shipping is governed by our Shipping Policy, which is incorporated by reference. Title and risk of loss pass to you upon the carrier’s delivery confirmation to the address you provided at checkout. ZYAVIE is not responsible for packages lost or stolen after delivery confirmation or for delays caused by carriers or events beyond our control. Orders ship to the address you provide; we are not responsible for loss due to an incorrect or incomplete address.

section 12 – user content & reviews license

If you submit reviews, photos, comments or other content (“User Content”), you grant ZYAVIE a non-exclusive, worldwide, royalty-free, perpetual and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and perform such User Content in any media for marketing, promotional and operational purposes. You represent that you own or control all rights to your User Content and that it does not violate any rights of any third party.

section 13 – limitation of liability

To the maximum extent permitted by law, ZYAVIE shall not be liable for any indirect, incidental, special, punitive or consequential damages, including lost profits, lost revenue, loss of data or replacement costs, arising from your use of the Service or any products.

In no case shall ZYAVIE’s total liability exceed the amount you paid to ZYAVIE for the product(s) giving rise to the claim.

section 14 – indemnification

You agree to indemnify, defend and hold harmless ZYAVIE and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, from any claim or demand arising out of your breach of these Terms or your violation of any law or the rights of a third party.

section 15 – dispute resolution; arbitration; class action waiver

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and governed by the Federal Arbitration Act (FAA). Hearings may be conducted remotely (phone/video). If an in-person hearing is required, it will take place in the county of your residence or another location mutually agreed by the parties.

Small-Claims Exception. Either party may bring an individual action in small claims court.

Class and Jury Waiver. You and ZYAVIE waive the right to a jury trial and agree that arbitration will be conducted only on an individual basis—no class, consolidated, or representative actions.

Opt-Out. You may opt out of this arbitration agreement by emailing support@zyavie.com within 30 days of your first acceptance of these Terms, stating your intent to opt out and providing your name, mailing address, and the email used for your account. Opting out of the arbitration agreement does not affect any other provisions of these Terms.

Court Relief for IP/Abuse. Either party may seek temporary injunctive relief in court to protect intellectual-property rights or prevent misuse/abuse of the Service.

section 16 – dmca notice

If you believe that content on the Service infringes your copyright, please send a DMCA notice to support@zyavie.com with: (1) identification of the copyrighted work; (2) identification of the material claimed to be infringing and its location; (3) your contact information; (4) a statement of good-faith belief that use is not authorized; (5) a statement under penalty of perjury that the information is accurate and you are authorized to act; and (6) your physical or electronic signature.

section 17 – prohibited uses

In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content for any unlawful purpose; to infringe upon or violate intellectual property rights; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code; to spam, phish, pharm, pretext, spider, crawl or scrape; to interfere with the security features of the Service; or to engage in any activity that may damage or disrupt our website or services.

section 18 – force majeure

We will not be liable for any delay or failure in performance due to events beyond our reasonable control, including acts of God, natural disasters, labor disputes, power outages, Internet failures, public health emergencies, governmental actions, or failures of third-party platforms or carriers.

section 19 – severability; entire agreement; assignment; survival

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed. These Terms and any policies posted by us on this site constitute the entire agreement between you and us. We may assign these Terms at any time. Provisions that by their nature should survive termination shall survive.

section 20 – governing law

These Terms and any separate agreements whereby we provide you services are governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict-of-law rules. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of the arbitration agreement in Section 15. Mandatory consumer-protection laws of your state of residence may also apply to the extent required by law.

section 21 – changes to terms of service

We may update, change or replace any part of these Terms by posting updates on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

section 22 – contact information

Zyavie LLC
30 N Gould St Ste N
Sheridan, WY 82801
United States

 

Email: support@zyavie.com

 

⚠️Important Notice:
Please do not return your product to the address listed above.
Returns must be requested and approved by contacting us at support@zyavie.com. Unauthorized returns sent to our registered business address will not be accepted or processed.