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Terms of Use

Last Updated: April 30, 2020

Welcome to Zinus!

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, information security practices, and dispute resolution through arbitration govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Changes in terms of use

Periodically we update our Terms of Use and Privacy Policy to reflect changes in our practices. When we modify our terms and policies, we will revise the “Last Updated” date at the top of this website. The modified Terms of Use and Privacy Policy will be effective immediately upon posting. Your continued use of this website after the posting constitutes your agreement to be bound by it.

Intellectual Property Rights

This website contains valuable trademarks and service marks owned and used by Zinus.  Any use of these Zinus marks without the prior written permission of Zinus is strictly prohibited.  This website also contains material that is owned by or licensed to us, including, but not limited to, the design, layout, look, appearance and graphics.  All trademarks reproduced in this website that are not the property of, or licensed to, Zinus are acknowledged on the website.  This website may be used only as a personal shopping resource.  ANY OTHER USE, INCLUDING THE COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THIS WEBSITE IS PROHIBITED.  Reproduction of website content is prohibited in accordance with applicable copyright laws.

Notice to California Residents

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits.  Pursuant to California Civil Code Section 1789.3, Zinus provides users of this website with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

Disclaimer of Warranties

Zinus intends for the information and data contained on this website to be accurate and reliable.  However, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose, and the information and materials are provided “AS IS” and “AS AVAILABLE”. You expressly agree that your use of this website and any information contained herein is at your sole risk.  You acknowledge that such information and materials may contain inaccuracies or errors.  Accordingly, to the extent permitted by applicable law, ZINUS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.  Some jurisdictions do not allow the disclaimer of warranties or conditions, so such disclaimers may not apply to you.  Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Limitation on Liability

IN NO EVENT WILL ZINUS OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, PARENT COMPANY, DISTRIBUTORS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION CONTAINED HEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF ZINUS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through this website or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraph, if Zinus is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount that you paid to us in the twelve (12) months prior to the action giving rise to the liability, or (b) USD $500.

Legal Disputes

YOU AND ZINUS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.  Any dispute between you and Zinus, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, affiliates or parent company arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships that result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision will be settled by binding arbitration according to the Dispute Resolution Through Arbitration provisions on this website.  Neither Zinus nor you are entitled to arbitrate any dispute as a representative, class or private attorney action, and the arbitrator(s) will have no authority to proceed on a representative, class or private attorney general basis.  These terms of use will be governed by and construed under the laws of the State of California and any applicable United States laws (including federal arbitration law), without regard to conflicts of law principles.

Dispute Resolution Through Arbitration

This is a binding legal agreement between you and Zinus.  Please read this section carefully.  It may significantly affect your legal rights, including your right to file a lawsuit in court.

By purchasing and using the product, you accept and agree to resolve any disputes through individual arbitration as described below, unless you opt out of this dispute resolution procedure within 30 days of purchase as described below.

You and Zinus agree that, except for disputes that qualify for small claims court, any disputes arising out of or relating to your purchase and use of your Zinus product or the condition or performance of your Zinus product, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding individual arbitration by a neutral arbitrator, instead of in court by a judge or jury.  This applies to claims that may be asserted against Zinus, against any affiliate or employee of Zinus, or against any retailer from which you purchased your Zinus product, which shall be considered third-party beneficiaries of this agreement.  You and Zinus agree that that any arbitration under this paragraph will take place on an individual basis, and mutually waive any right to sue in court, to have a trial by jury, and to bring or participate in a class action.

The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to their Streamlined Arbitration Rules & Procedures, which are available, together with instructions on bringing an arbitration, on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration.  JAMS arbitrations of consumer claims are subject to JAMS Consumer Arbitration Minimum Standards, which are available at http://www.jamsadr.com/consumer-minimum-standards.  If you initiate arbitration against Zinus, the only fee for which you will be responsible is $250, which is less than most court filing fees; all other costs, including JAMS’s Case Management Fee and the arbitrator’s professional fees, will be borne by Zinus.

The arbitrator will have the authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement.  The arbitrator will have the power to grant whatever relief would be available for your individual claim in a court under law or equity.    

Please note that you have the right to opt out of this procedure for resolving any disputes through arbitration by opting out within 30 days of your purchase of the Zinus product.  Opting out is at no penalty to you and you may retain and use your Zinus product.  To opt out, please send an email to optout@zinusinc.com or hard copy letter to 5731 Promontory Pkwy, Tracy, CA 95377  ATT: Customer Service,  that includes your name, address, email address, phone number, proof of purchase including date of purchase, and the statement “Opt Out of Arbitration.”

Jurisdictional Issues

This website is operated by Zinus from its offices in California, USA, and the website is intended for users who reside in the United States of America. Zinus makes no representations or warranties that the website or any materials contained herein are valid, appropriate or available for use outside of the United States. If you access and use this website from outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws.  In the event that any provision of these terms of use is determined to be illegal or unenforceable, for example by any applicable local law, the balance of these terms of use shall continue to be fully valid, binding, and enforceable.

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