These Terms of Service (the “Terms”) for the Zylo® website and its content, functionality, features, services, and technology (collectively, the “Site”) form a binding agreement between you and ZYLO Collections LLC, or depending on your location and how you access the Site, one of our affiliates (“us”, “we”, or the “Company”), governing your use of the Site and consumer purchases you make through it. Capitalized words in these Terms have the meanings given to them herein. PLEASE CAREFULLY READ THESE TERMS AND OUR PRIVACY POLICY PRIOR TO USING THIS SITE. If you are a Canadian resident and access the Site via our ca.zylo.com subdomain (“Canadian Site”), please refer to the section titled “Additional Terms Applicable to Residents of Canada.” These Terms, together with our Privacy Policy and all other policies, guidelines, and terms posted on the Site (“Policies”), constitute the entire agreement between you and us and supersede all prior agreements or understandings related to your use of the Site.
This agreement includes limitations on your rights and remedies, including a waiver of your ability to bring or participate in any class-action claim or class arbitration. By using the Site, creating an account, or making a purchase, you agree to be bound by these Terms. If you do not agree, do not use this Site.
We may revise these Terms at any time by posting updated Terms to the Site. Continued use of the Site following such updates constitutes your acceptance. If you do not accept the revised Terms, discontinue use of the Site.
ZYLO may offer certain features or programs—such as affiliate or referral programs—operated by third parties. Your participation in these programs may be subject to additional third-party terms.
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Site. By using the Site, you represent that you are authorized to enter into binding contracts. If you are using the Site on behalf of a business, “you” includes that entity and its authorized users.
TABLE OF CONTENTS
- License
- Your Account
- Your Content
- Third Parties
- Purchases and Payments
- Disclaimer
- Limitation of Liability
- Indemnification
- Miscellaneous
- Dispute Resolution
- Electronic Communications
- Notice and Procedure for Making Claims of Copyright and other IP Infringement
- Additional Terms Applicable to Canadian Residents
- Contact Us
1. LICENSE
ZYLO and/or its licensors own all intellectual property rights related to the Site and its content, including text, images, videos, icons, product designs, and software (collectively, “Content”). Subject to your compliance with these Terms, we grant you a limited, revocable, non-transferable license to access and use the Site for personal, non-commercial purposes. You may not copy, reproduce, republish, distribute, modify, or create derivative works from the Site or Content without our prior written consent.
2. YOUR ACCOUNT
To use some features of the Site, including making a purchase, you may need to create a User Account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your account credentials and for all activity under your account. We may suspend or terminate your account if you violate these Terms. You may not create an account for someone else without permission.
3. YOUR CONTENT
You may post or upload content (“Your Content”), including reviews, images, or feedback. By doing so, you grant ZYLO a perpetual, royalty-free, global license to use, display, reproduce, and sublicense Your Content. You represent that Your Content does not infringe any third-party rights or violate any laws. Your Content must not contain offensive, defamatory, or unlawful material. ZYLO reserves the right to remove or reject Your Content at its sole discretion.
4. THIRD PARTIES
The Site may contain links to third-party websites and services. ZYLO does not control or endorse these third parties and is not responsible for their content, services, or privacy practices. Your interactions with third parties are solely between you and them.
5. PURCHASES AND PAYMENTS
All purchases of ZYLO products (“Products”) through the Site are governed by these Terms. You must have a valid payment method and shipping address in the U.S. or Canada. Product descriptions are not guaranteed to be accurate, and pricing errors may occur. Orders are subject to acceptance and may be canceled by us for any reason. Refunds and returns are governed by our Refund Policy. We may impose purchase limits and issue refunds at our discretion, including deducting processing fees.
6. DISCLAIMER
EXCEPT FOR ANY EXPRESS PRODUCT WARRANTIES POSTED ON THE SITE OR INCLUDED WITH A PRODUCT, THE SITE, PRODUCTS, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZYLO COLLECTIONS LLC MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT.
ZYLO DOES NOT GUARANTEE THAT ITS PRODUCTS WILL BE FREE FROM DEFECTS, MALFUNCTIONS, OR FAILURES, NOR THAT THEY WILL PREVENT DAMAGE, INJURY, OR LOSS IN ANY SITUATION. ALL USE OF ZYLO PRODUCTS IS ENTIRELY AT YOUR OWN RISK.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ZYLO COLLECTIONS LLC, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) BE HELD LIABLE FOR ANY DAMAGES, LOSSES, OR INJURIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:
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PERSONAL INJURY, BODILY HARM, OR DEATH, WHETHER CAUSED BY HOT OR COLD LIQUIDS, PRODUCT FAILURE, MISUSE, OR OTHERWISE;
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PROPERTY DAMAGE, INCLUDING BUT NOT LIMITED TO DAMAGE CAUSED BY LEAKING, SPILLING, BREAKAGE, BURNS, FIRE, HEAT, OR WATER EXPOSURE;
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ECONOMIC OR COMMERCIAL LOSS, INCLUDING LOST PROFITS, LOST BUSINESS, LOST DATA, OR LOSS OF GOODWILL;
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INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED (INCLUDING CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), REGARDLESS OF WHETHER THE ALLEGED DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER ZYLO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- ZYLO PRODUCTS, LIKE ALL DRINKWARE AND CONTAINERS, CARRY INHERENT RISKS WHEN USED WITH HOT OR COLD LIQUIDS.
- YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH THE USE, MISUSE, OR FAILURE OF ZYLO PRODUCTS.
- UNDER NO CIRCUMSTANCES WILL ZYLO BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE, INJURY, OR LOSS CAUSED, DIRECTLY OR INDIRECTLY, BY ITS PRODUCTS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH A PRODUCT IS TO CEASE USE OF THE PRODUCT AND, IF ELIGIBLE, SEEK A RETURN OR REFUND UNDER ZYLO’S PUBLISHED RETURN POLICY.
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, damages, liabilities, costs, or expenses (including attorney fees) arising from your breach of these Terms, your Content, or your use of the Site.
9. MISCELLANEOUS
These Terms are governed by U.S. law. If any provision is deemed unenforceable, it will be modified to remain enforceable to the fullest extent possible. We may transfer our rights and obligations under these Terms without notice to you. Your continued use of the Site after changes are made constitutes acceptance.
10. DISPUTE RESOLUTION
These Terms and any disputes will be governed by the laws of the State of Utah (or your province, if Canadian), without regard to conflict of laws. You consent to the exclusive jurisdiction of the state and federal courts in Utah. To the fullest extent permitted, you waive jury trial and agree to bring any claims on an individual basis only—not as a class or group.
11. ELECTRONIC COMMUNICATIONS
By using the Site, you consent to receive electronic communications from us. These may include emails, texts, and site notices and satisfy legal communication requirements.
12. Contact
For questions, concerns, or additional information, please contact us at:
Email: info@zylocollections.com
Address: 15 South Main Street Suite 303, Logan, Utah 84332
