TERMS OF SERVICE
By visiting www.zendenfitness.com, you are consenting to our terms
of service.
OVERVIEW
By using www.zendenfitness.com, referred to as this “Site”, all
visitors, referred to as “user,” “you,” and “your,” are bound by these Terms of Service. The
terms “we,” “us,” and “our,” refer to Zen Den Fitness & Wellness (“Company”), owner of
www.zendenfitness.com. Accessing this Site constitutes a use of the
Site and an acceptance to the Terms provided herein.
By using the Site, you agree to these Terms of Service, without modification, and acknowledge
reading them. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms of Service with the modifications.
SITE USE
To access or use the Site, you must be 18 years or older and have the requisite power and
authority to enter into these Terms of Service.
In order to use the Site, you may be required to provide information about yourself including
your name, email address, and other personal information. You agree that any registration and/or billing information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You shall not post or transmit
through the Site any material which violates or infringes the rights of others, or which is
threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
PURCHASE AND REFUND POLICY
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering
your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you
(“Client”) agree to be provided with products, programs, or services by the Company. No
refunds will be given for any products purchased online.
ZEN DEN FITNESS & WELLNESS INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Amy Branson, including, without
limitation, trademarks, copyrights, proprietary information and other intellectual property as well
as the Company / www.zendenfitness.com, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You
acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages,
settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims
and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by
you of any of these Terms of Service, or any use by you of the Site or Service. You shall provide
us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
RELEASE OF CLAIMS
In no event will the Company be liable to any party for any type of direct, indirect, special,
incidental, or consequential damages for any use of or reliance on our Site or its Content. You
hereby release the Company from any and all claims including those related to personal or
business interruptions, misapplication or information, or any other loss, condition, or issue.
ONLINE COMMERCE
Certain sections of the Site or its Content may allow you to make purchases from us or from
other merchants. If you make a purchase from us on or through our Website or its Content, all
information obtained during your purchase or transaction and all of the information that you give
as part of the transaction, such as your name, address, method of payment, credit card number,
and billing information, may be collected by both us, the merchant, and our payment processing
company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing
companies and Merchants. In addition, when you make certain purchases through our Site or its
Content, you may be subject to the additional terms and conditions of a payment processing
company, Merchant or us that specifically apply to your purchase. For more information
regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website
and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any
damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
GOVERNING LAW; VENUE; MEDIATION
These Terms shall be construed in accordance with, and governed by, the laws of the State of
Oregon. If a dispute is not resolved first by good-faith negotiation between the parties to this
Agreement, every controversy or dispute to this Agreement will be submitted to the American
Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the
initial arbitration demand and shall take place in Albany, NY or via telephone. The Parties shall
cooperate in exchanging and expediting discovery as part of the arbitration process and shall
cooperate with each other to ensure that the arbitration process is completed within the ninety
(90) day period. The written decision of the arbitrators (which will provide for the payment of
costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to
judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a
judgment of law or decree in equity, as circumstances may indicate.
SEVERABILITY
If any term, provision, covenant, or condition of these Terms is held by an arbitrator or court of
competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall
remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT, WAIVER, HEADINGS
These Terms constitute the entire agreement between you and the Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the
Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not
similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless
executed in writing by the Company. The subject headings of this Agreement are included for
convenience only and shall not affect the construction or interpretation of any of its provisions.
If you have any questions or concerns regarding these Terms of Service please
email: amyjhealth@gmail.com