ZEPHYRX Warranty POLICY
Product Warranty and Software License
Thank you for purchasing a ZEPHYRx product. We are proud of the craftsmanship and expressive experience delivered by our ZEPHYRx products.
30 DAY RETURN POLICY
For any reason whatsoever you may return your ZEPHYRx product for a refund (less 15% restocking fee) within 30 days of your purchase. Please email orders@ZEPHYRx.com for a return merchandise authorization (RMA) number. Note that only unused, un-opened mouthpieces and nose clips may be returned.
12 MONTH LIMITED WARRANTY
ZEPHYRx is pleased to offer you, the original owner, the following Limited Warranty, which applies only to products that have been directly purchased by you or from our authorized dealers.
The warranty provided by ZEPHYRx only applies to our products and software. ZEPHYRx warrants, labor and parts, excluding accidental damages [WITH ZEPHYRx INSPECTION] from ordinary use for a twelve (12) month period commencing on the purchase date. Your remedies under this warranty shall be at ZEPHYRx’s sole option and are limited as described below. Returned units will be replaced or repaired at ZEPHYRx’s discretion.
Prior to any return please contact ZEPHYRx to obtain a Return Merchandise Authorization (RMA) number by emailing orders@ZEPHYRx.com. You are responsible for all shipping costs when returning products to ZEPHYRx, whether under warranty or not.
ZEPHYRx will, at its option, repair or replace the product covered by this warranty if it becomes defective, malfunctions or otherwise fails to conform with this warranty under normal use and service during the term of this warranty, without charge for labor or materials. Repairs may be performed using new or refurbished parts that meet or exceed ZEPHYRx specifications for new parts.
If ZEPHYRx elects to replace the product the replacement will provide as near as possible the same functionality. You will be responsible for shipping the product to our repair facility if the product(s) must be shipped for warranty service. However, ZEPHYRx will pay the return shipping charges if the repairs are covered by the warranty.
- The supplied batteries are covered for 30 days.
- The product is not covered under this warranty if its original identification (tamper tag, trade-mark, serial number) markings have been defaced, altered, or removed.
- The product is not covered under this warranty if there is:
- damage, deterioration or malfunction resulting from accident, alteration, negligence, misuse, abuse, improper installation or operation or failure to follow instructions according to the Owner’s Manual for this product. Specifically the product must have been used for its intended purpose.
- damage during any shipment of the product to ZEPHYRx LLC (claims must be presented to the carrier)
- repair, alteration or attempted repair by anyone other than ZEPHYRx or an authorized ZEPHYRx Service Center
- normal wear and any periodic maintenance;
- deterioration due to perspiration, saliva, corrosive atmosphere or other external causes such as extremes in temperature or humidity
- Any evidence of alteration, erasing or forgery of proof-of-purchase documents will cause this warranty to be void. This warranty covers only the Original Owner and is not transferable.
To Obtain Warranty Service
If purchased from a ZEPHYRx dealer, contact that dealer for warranty service. The dealer will advise you of the procedures to be followed. If this is not successful or if you purchased your ZEPHYRx directly from us, contact us at orders@ZEPHYRx.com. If you are uncertain as to whether a dealer has been authorized by ZEPHYRx, please contact ZEPHYRx’s Service Department at orders@ZEPHYRx.com, or check ZEPHYRx’s website at www.ZEPHYRx.com. Product(s) shipped for service should be packed securely and must be accompanied by a detailed explanation of the problem(s) requiring service, together with the RMA assigned to this return and the original or a machine reproduction of the bill of sale or other dated, proof-of-purchase document describing the product, as evidence of warranty coverage. Should any product submitted for warranty service be found ineligible therefore, an estimate of repair cost will be furnished and the repair will be accomplished only if requested by you and upon receipt of payment or acceptable arrangement for payment.
WARRANTY, LIMITATION OF REMEDIES & DAMAGES
ZEPHYRx, Inc. hereby expressly disclaims all warranties either expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose except as otherwise provided in the instruction manual.
LIMITATION OF LIABILITY AND INTENDED USE
ZEPHYRx will not be liable, in any event, to the customer for damages, including but not limited to: lost profits, lost savings, incidental damages, consequential damages or any damage caused through the use or the inability to use our product. ZEPHYRx disclaims and purchaser assumes all responsibility for maintenance and cleaning of all products sold. ALL mouthpieces sold are intended for single person use. Unsealed / used mouthpieces and nose clips are non-refundable.
Software End User License Agreement
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING, OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED.
ZEPHYRx OWN ALL INTELLECTUAL PROPERTY IN THE SOFTWARE. THE SOFTWARE IS LICENSED, NOT SOLD. ZEPHYRx PERMITS YOU TO COPY, DOWNLOAD, INSTALL, USE, OR OTHERWISE BENEFIT FROM THE FUNCTIONALITY OR INTELLECTUAL PROPERTY OF THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
"ZEPHYRx" means ZEPHYRx LLC., a Delaware corporation headquartered at 43 New Scotland Ave, MC25 - Building S109, Albany NY 12208.
"Computer" means a virtual or physical computing device including mobile phones and tablets that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by ZEPHYRx.
"Software" means (a) all of the information with which this agreement is provided, including but not limited to: (i) ZEPHYRx™ software and all other software files and other computer information; (ii) sample and stock photographs, images, sounds, clip art and other artistic works bundled with ZEPHYRx software and not obtained from ZEPHYRx through a separate service (unless otherwise noted within that service) or from another party through a separate service ("Content Files"); and (iii) related explanatory written materials and files ("Documentation"); and (b) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by ZEPHYRx at any time, to the extent not provided under separate terms (collectively, "Updates").
2.0 Software License
If you obtained the Software from ZEPHYRx or one of its authorized licensees and as long as you comply with the terms of this agreement, ZEPHYRx grants you a non-exclusive license to install and use the Software in a manner consistent with its design and documentation and as further set forth below.
General Use. You may install and use one copy of the Software in accordance with the documentation.
Backup Copy. You may make a backup copy of the Software, provided your backup copy is not installed or used for other than archival purposes. You may only use the backup copy if the original copy of the Software is no longer usable and the only way to use the Software is to reinstall the Software via the backup copy.
Documentation. You may make copies of the documentation for your own internal use in connection with use of the Software in accordance with this agreement but no more than the amount reasonably necessary. Any permitted copy of the documentation that you make must contain the same copyright and other proprietary notices that appear on or in the Documentation.
3.0 Intellectual Property Ownership
The Software and any authorized copies that you make are the intellectual property of and are owned by ZEPHYRx. The structure, organization, and source code of the Software are the valuable trade secrets and confidential information of ZEPHYRx and its suppliers. The Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by ZEPHYRx.
4.0 Restrictions and Requirements
Notices. Any permitted copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
Use Obligations. You agree that you will not use the Software other than as permitted by this agreement and that you will not use the Software in a manner inconsistent with its design or documentation. Any email address you provide in using the Software may not be a general mailbox email address (e.g. email@example.com) and must instead be an address specific to you as an individual.
No Modifications. You may not modify, port, adapt, or translate the Software.
No Reverse Engineering. You will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software.
No Transfer. YOU WILL NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN, OR TRANSFER YOUR RIGHTS IN THE SOFTWARE, OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY'S COMPUTER EXCEPT AS MAY BE EXPRESSLY PERMITTED HEREIN
If the Software is an Update to a previous version of ZEPHYRx software, you must possess a valid license to such previous version in order to use such Update. After you install such Update, you may continue to use any such previous version in accordance with its end-user license agreement only if (a) the Update and all previous versions are installed on the same Computer, (b) the previous versions or copies thereof are not transferred to another party or device unless all copies of the Update are also transferred to such party or device, and (c) you acknowledge that any obligation, if any, ZEPHYRx may have to support the previous version(s) may end upon the availability of the Update. No other use of the previous version(s) is permitted after installation of an Update. Updates may be licensed to you by ZEPHYRx with additional or different terms.
6.0 Limited Warranty
ZEPHYRx warrants to the individual or entity that first purchases a license for the Software for use pursuant to the terms of this agreement that the Software will perform substantially in accordance with the documentation for the ninety (90) day period following receipt of the Software when used on the recommended operating system and hardware configuration. All warranty claims must be made, along with proof of purchase, to ZEPHYRx within such ninety (90) day period. If the Software does not perform substantially in accordance with the documentation, the entire liability of ZEPHYRx and its affiliates and your exclusive remedy will be limited to either, at ZEPHYRx's option, replacement of the Software or refund of the license fee you paid for the Software (if any). THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. ZEPHYRx DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.
THE LIMITED WARRANTY IN SECTION 6 IS THE ONLY WARRANTY OFFERED BY ZEPHYRx, ITS AFFILIATES, AND SUPPLIERS AND IT STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ZEPHYRx, ITS AFFILIATES', OR SUPPLIERS' BREACH OF THAT OFFERED WARRANTY. THE LIMITED WARRANTY IN SECTION 6 AND ANY STATUTORY WARRANTY AND REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES APPLICABLE TO THE SOFTWARE. OTHER THAN THOSE OFFERED AND STATUTORY WARRANTIES AND REMEDIES, ZEPHYRx, ITS AFFILIATES, AND SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND STATUTORY WARRANTIES AND REMEDIES, ZEPHYRx, ITS AFFILIATES, AND SUPPLIERS PROVIDE THE SOFTWARE AND ACCESS TO ANY WEBSITES, AND ZEPHYRxOR THIRD PARTY ONLINE SERVICES AS-IS AND WITH ALL FAULTS. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS. YOU MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ZEPHYRxDOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.
The provisions of Sections 7 and Section 8 will survive the termination of this agreement, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this agreement.
8.0 Limitation of Liability
EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY ZEPHYRx ABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, ZEPHYRx, ITS AFFILIATES, AND SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN ZEPHYRx REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. IN ANY EVENT, ZEPHYRx’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. YOU MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. ZEPHYRx DOES NOT SEEK TO LIMIT YOUR WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW.
You acknowledge that the Software is subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the "Export Laws") and that you will comply with the Export Laws. You will not ship, transfer, export, or re-export the Software, directly or indirectly, to:
- (a) any countries that are subject to US export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria) (each, an "Embargoed Country"),
- (b) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems (each, a "Prohibited Use"), or (c) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government (each, a "Sanctioned Party"), in addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the Software. You represent and warrant that
- (i) you are not a citizen of, or located within, an Embargoed Country,
- (ii) will not use the Software for a Prohibited Use, and
- (iii) are not a Sanctioned Party. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.
If you are a consumer who uses the Software for only personal non-business purposes, then this agreement will be governed by the laws of the state in which you purchased the license to use the Software. If you are not such a consumer, this agreement will be governed by and construed in accordance with the substantive laws in force in the State of New York. The courts located in Albany County, New York shall have non-exclusive jurisdiction over all disputes relating to this agreement.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement may only be modified in writing, signed by an authorized officer of ZEPHYRx. This is the entire agreement between ZEPHYRx and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.