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Terms and Conditions

TERMS OF USE

1. User's Acknowledgment and Acceptance of Terms
Please read these Terms of Use (“Terms of Use”) carefully before using ComfortbyVergence.com and/or ComfortbyVergence.ca, (“Website”). These Terms of Use set forth the terms and conditions established by Zyana, LLC (“ZYANA”) to govern your use of these Websites. Such use is subject to your compliance with all the terms, conditions and notices contained in these Terms of Use, as well as any other written agreement between us.

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THIS WEBSITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THIS WEBSITE AND ANY SUCH PRODUCTS, SERVICES, CONTENT OR INFORMATION. YOU FURTHER AGREE THAT BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OF AGE. PERSONS UNDER 13 YEARS OF AGE ARE PROHIBITED FROM USING THIS WEBSITE UNLESS SUPERVISED BY A PARENT OR GUARDIAN

ZYANA reserves the right in its sole discretion to change, modify, add or remove portions of these Terms of Use at any time without prior notice. ZYANA shall post revisions to these Terms of Use on this Website, and such revisions shall be effective immediately on such posting. You acknowledge and agree that it is your responsibility to review this Website and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Website after such modifications will constitute your acknowledgment of the modified terms and your agreement to be bound by them.

2. Privacy
Your use of this Website constitutes your consent to ZYANA’s Privacy Policy (http://www.ComfortbyVergence.com/privacypolicy or http://www.ComfortbyVergence.ca/privacypolicy) which is incorporated into these Terms of Use by this reference.

3. Copyright, Trademarks and Other Intellectual Property

For purposes of these Terms of Use, “Content” is defined as any information, communications, software, text, photos, video, graphics, music, sounds and other materials and services that can be viewed by users of this Website. This includes without limitation blogs, message boards, product reviews or other original content. The Content is copyrighted as a collective work under the United States and other copyright laws, and is the property of ZYANA or its affiliated companies or their respective licensors. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the Content from different areas of this Website solely for your own non-commercial use, or to place an order on this Website. Any other use, including without limitation the reproduction, distribution, display or transmission of the Content is strictly prohibited, unless authorized in writing by ZYANA. You further agree not to change or delete any proprietary notice from the Content you download or print from this Website.
All trademarks, service marks, trade names and domain names used on this Website (including but not limited to the “ZYANA” name) are trademarks or registered trademarks of ZYANA or its affiliated companies, or in certain cases, their respective licensors, which may not be used without ZYANA’s prior written permission. Except as expressly provided in these Terms of Use, nothing contained on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on this Website. Any other intellectual property on this Website, including but not limited to design registrations or patents, issued or pending, is the sole property of ZYANA or its affiliated companies, or their licensors.

4. User’s Submissions to this Website
ZYANA may offer features through this Website that enable you to post information and materials publicly (“Submissions”) on product review, survey and product testimonial pages and message boards, blogs and similar forums (collectively referred to herein as "Forums"). You agree that any Submissions you transmit to this Website will be treated as non-confidential and non-proprietary, may be made available to the general public, and may be used by ZYANA or its affiliated companies without restriction.

You further agree that, simultaneously with your posting of each Submission, you automatically grant, or warrant that the owner has expressly granted, to ZYANA and its affiliated companies, and their successors and assigns, a worldwide, royalty-free, compensation-free, perpetual, irrevocable, non-exclusive, fully sub-licensable and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), transmit and publish such Submission (in whole or in part) as ZYANA, in its sole discretion, deems appropriate including, without limitation, in connection with any advertising in any media, including without limitation product packaging, printed publications, presentations, promotional and marketing materials, television and cinema commercials, videos or websites. ZYANA may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such Submissions. You also grant other Website users permission to access your Submissions and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use. ZYANA has all right, title and interest in all results and proceeds from its use of the Submissions, and ZYANA has the right to transfer the aforementioned rights to use the Submissions to any third party without restriction.

You represent and warrant that you have all rights necessary to grant the above rights with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through this Website complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. You represent and warrant that any Submissions or other information you provide in connection with your use of this Website are true, accurate and complete. This Section 4 will survive termination of these Terms of Use for any reason. You shall not submit any Submissions protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from your Submissions.

ZYANA reserves the right, in its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise on this Website. The Forums include the opinions, statements and other content of third parties. ZYANA is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through this Website are those of such third parties and not of ZYANA, and ZYANA does not endorse any such opinions, statements or materials. ZYANA is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute Submissions on this Website, this Website is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any such content or activities on this Website. You may not post or otherwise distribute content to this Website which ZYANA in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of ZYANA or another party, illegal or otherwise objectionable to ZYANA. You may not upload commercial content on this Website or use this Website to solicit others to join or become members of any commercial online service or other organization.
You acknowledge and agree that ZYANA has no control over, and shall have no liability for any damages resulting from, the use (including without limitation the re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of this Website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK.

5. Disclaimer of Warranties

ALL INFORMATION AND DOCUMENTS PROVIDED ON THIS Website ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, OR NON-INFRINGEMENT OF ZYANA’S INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE FOREGOING, ZYANA MAKES NO WARRANTY THAT (A) THE SERVICES AND MATERIALS OFFERED ON OR THROUGH THE THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THESE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THIS WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS, OMISSIONS, DISCREPANCIES, OR DEFECTS.

ZYANA USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. HOWEVER, ZYANA RESERVES THE RIGHT TO PERIODICALLY CHANGE, ADD, DELETE, IMPROVE OR UPDATE THE INFORMATION ON THE THIS WEBSITE, INCLUDING THESE TERMS OF USE, WITHOUT NOTICE AND WITHOUT LIABILITY FOR DAMAGES INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF ANY ERRORS, OMISSIONS, DISCREPANCIES, OR DEFECTS, AND YOU AGREE THAT EACH VISIT YOU MAKE TO THE THIS WEBSITE SHALL BE SUBJECT TO THE CURRENT TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

ZYANA EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES MADE BY ZYANA WEBSITE USERS ABOUT ZYANA OR ITS PRODUCTS, OTHER THAN INFORMATION PROVIDED IN ZYANA'S LITERATURE OR ON THIS WEBSITE. ZYANA EXPRESSLY PROHIBITS ZYANA WEBSITE USERS FROM MAKING ANY SUCH NON-APPROVED REPRESENTATIONS OR WARRANTIES, AND ZYANA IS NOT RESPONSIBLE OR LIABLE FOR THE SAME.

6. Limitation of Liability
YOU ASSUME THE RISK OF ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THIS WEBSITE. ZYANA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT, ALTERATION OR DESTRUCTION OF WEBSITE CONTENT DUE TO UNAUTHORIZED ACCESS, OR ANY COMMUNICATION LINE FAILURE IN CONNECTION WITH YOUR USE OF THIS WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS FROM THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION. IN NO EVENT SHALL ZYANA BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC, CONSEQUENTIAL, OR OTHER DAMAGES YOU MAY SUFFER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION ARISING OUT OF, OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE THIS WEBSITE OR THE INFORMATION CONTAINED ON THE THIS WEBSITE, EVEN IF ZYANA IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ZYANA IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. ZYANA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL ZYANA 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS OF USE, THIS WEBSITE, OR YOUR USE OF OR INABILITY TO USE THIS WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THIS WEBSITE.

7. Links to or from Other Websites
Except as otherwise expressly stated by ZYANA on this Website, ZYANA is not affiliated or associated with operators of any third party websites that link to or are linked from this Website. ZYANA expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from this Website. ZYANA cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from this Website because these third party sites are owned and operated by independent entities. ZYANA does not endorse any of the products or services, nor has ZYANA taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. ZYANA makes no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.

YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

ZYANA shall have the right, at any time and at its sole discretion, to block links to this Website through technological or other means without prior notice.

8. Indemnification
You agree to indemnify, defend, and hold harmless ZYANA and its affiliated companies from all third party claims, actions, demands, losses, liability, damages and/or costs (collectively, the “Claims”) arising from or related to (a) your access to or use of this Website, (b) your violation of any of these Terms of Use, (c) any allegation that any Submission or other materials that you make available through this Website infringe or otherwise violate the intellectual property, privacy or other rights of any third party, and/or (d) your violation of any rights of any site visitor, user, or customer, or any other third party; and you agree to reimburse ZYANA and its affiliated companies on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims. ZYANA reserves the right, at ZYANA’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ZYANA in asserting any available defenses.

9. International Use
This Website is controlled and operated by ZYANA from its offices in California. Although this Website may be accessible worldwide, ZYANA makes no representation that materials on this Website are appropriate or available for use in locations outside the United States and Canada, and accessing them from territories where their content is illegal is prohibited. If you choose to access this Website from other locations, you do so at your own risk and you are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited by law. ZYANA, in its sole discretion, may restrict the availability of this Website to any person, country or jurisdiction at any time without prior notice.

10. Children

If you, as the parent or legal guardian of a user of this Website under the age of 18 (“Minor”), have agreed to allow your Minor to use this Website, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of this Website; and (c) the consequences of any use of this Website by such Minor. Pursuant to 47 U.S.C. Section 230(d) as amended, ZYANA hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the FTC On Guard Online website (https://www.consumer.ftc.gov/features/feature-0038-onguardonline). ZYANA does not endorse any of the products or services listed on these sites.

11. Special Notices

ECPA Notice: ZYANA treats email messages and other communications through this Website as private. Exceptions are those permitted by law included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA"). The ECPA permits ZYANA’s limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate ZYANA’s system or to protect ZYANA’s rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where ZYANA receives information inadvertently which appears to pertain to the commission of a crime. This Website is not considered a "secure communications medium" under the ECPA.

USA Patriot Act Notice: The U.S. federal USA Patriot Act ("USA Patriot Act") provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. ZYANA anticipates fully complying with all its obligations, and availing itself of all its rights, under the USA Patriot Act.

12. Claims of Copyright Infringement
ZYANA respects the intellectual property of others, and ZYANA asks you to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on this Website infringe your copyright, you (or your agent) may send ZYANA a notice requesting that ZYANA remove the materials or block access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send ZYANA a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent via email to info@Zyana.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.

13. Termination

Notwithstanding any of these Terms of Use, ZYANA reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use this Website and to block or prevent future access to and use of this Website. You agree that ZYANA shall not be liable for any termination of your use of or access to this Website.

14. Applicable Law, Jurisdiction and Venue

By accessing this Website, both you and ZYANA agree that any claims arising out of or relating to the use of this Website shall be governed and resolved by the laws of the State of Nevada without regard to its conflict of laws principles. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to your purchase of ZYANA products) or these Terms of Use shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Clark County, Nevada. By using this Website, you agree that any notice, agreement, disclosure or other communication that ZYANA sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Your access, viewing or use of this Website constitute your express permission and consent to the jurisdiction in such courts for the purposes of such actions. In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Miscellaneous
These Terms of Use constitute the entire agreement and understanding between you and ZYANA concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend these Terms of Use, or to enter an order for products or services that are subject to additional or altered terms and conditions, shall be null and void, unless otherwise agreed to in a written agreement signed by you and ZYANA. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. ZYANA may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

ZYANA shall be excused from liability for non-delivery or delay in delivery of products and services available through this Website arising from any event beyond ZYANA’s reasonable control, whether or not foreseeable by ZYANA, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, act of terrorism (actual or threatened), or other causes or events beyond ZYANA’s reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Questions or Comments
If you have any questions or comments about our Website or these Terms of Use, please contact ZYANA by calling our Customer Service Department at 1-909-741-5362 (Monday through Friday 9:00 a.m. to 5:00 p.m. Pacific Standard Time) or by sending an email to info@Zyanallc.com. Please allow 2 to 3 business days for a response to your email inquiry.


Updated and effective November 12, 2018
© 2018 Zyana, LLC. All rights reserved.

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat or cure or prevent disease.**

This is a limited time introductory price and may be changed or discontinued without notice.


*** GRAS, Generally recognized as safe by the FDA

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