TERMS OF USE FOR ZEN-ME INCORPORATED’S WEBSITE


Applicable from 21st March 2017


These terms of use (“Terms”) are between you (“user”, “you”) and Zen-Me Incorporated (”Zen-Me”). They apply to and set forth the terms and conditions governing the access and use of Zen-Me’s website located at www.zenme.io, including any subsite accessible through the homepage and services provided on the website (together “Website”). 


Please read these Terms carefully before accessing and using the Website. By accessing and using the Website, you accept and agree to these Terms without modification. If you do not agree with these Terms, do not access or use the Website.


This Website is not intended for children under the age of 13. If we learn that we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete such information upon discovery or upon request. By accessing or using the Website, you represent and warrant that you are at least 13 years of age and legally able to accept and assume the obligations set forth in these Terms. 


Zen-Me reserves the right, at its sole discretion, to change, modify, add, or remove the Terms or any part thereof at any time. A notice will be published on the Website along with the amended Terms if any material changes are made hereto. You are automatically bound by any changes and should therefore read such notices and periodically re-visit these Terms to check for changes. Your continued use of the Website constitutes your agreement to be bound by the changes. Zen-Me may also at its sole discretion change, terminate, suspend, or discontinue any aspect of the Website, including the availability of any features on the Website, without notice. You agree that Zen-Me shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or these Terms. 


1. Content

Apart from Third-Party Links and open source software (see section 4 below), all data, content, information, and materials that may be found on and which comprise the Website, including but not limited to (i) text, directories, graphics, photographs, illustrations, images, video and audio clips, sound clips, advertising and promotional materials, brochures, manuals, tools, data, software, compilations, HTML code, designs, graphical interface, and overall “look and feel”; (ii) trademarks, logos, trade names, service marks, and trade identities, whether registered or unregistered; and (iii) all other forms of information and intellectual property (all of the foregoing, excluding Third-Party Links and open source software, hereinafter collectively and individually  referred to as “Content”),  are owned, controlled, or licensed by or to Zen-Me, and, where applicable, protected by trade dress, copyright, patent, trademark, and various other proprietary and intellectual property rights and laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any rights in the Website and/or the Content to you.


2. License to use the Website and the Content

Provided you access and use the Website in accordance with these Terms and applicable laws, statutes, rules, regulations, ordinances, and the like, Zen-Me grants you a limited, non-transferable, non-exclusive, personal, and revocable license to access, use, print, store on your computer, and display the Website and/or the Content for your personal, non-commercial, and lawful use and for informational purposes only.


The aforementioned license and/or your access to or use of the Website and/or the Content do not constitute a transfer of title to the Website or any of the Content and are subject to the following restrictions: (i) you shall not, directly or indirectly, license, sell, or assign the Website or the Content; (ii) you must retain, on all copies of the Website and the Content, all copyright, trademark, and other proprietary notices of Zen-Me and/or its licensors; (iii) except as otherwise permitted herein, you shall not, and you shall not allow a third party to, modify, distribute, transfer, store, reproduce, publicly display, or otherwise use the Website or the Content for any public or commercial purposes without Zen-Me’s prior written consent; and (iv) you shall not disassemble, decompile, reverse engineer, create any derivative works of or otherwise attempt to derive any source code, script, software, or any other trade secrets from the Website or the Content. Any violation or attempt to violate subsections (i)-(iv) above, creates a legal right which may be pursued by Zen-Me to obtain legal damages or equitable remedies, including, but not limited to, an injunction.


Please note that individual sub-sites, services, programs, and/or other Content may be subject to additional terms or disclaimers indicated therein.


3. Privacy

Zen-Me respects your privacy rights and recognizes the importance of protecting your personal data. Your use of the Website is governed by Zen-Me’s Website Privacy Policy (“Privacy Policy”), available here zenme.io/privacypolicy and which is incorporated into these Terms by this reference. Please note that Zen-Me may provide your information to the party operating the Website as well as other third parties, as outlined in the Privacy Policy.


Please also note that Zen-Me may disclose and transfer your personal data to Zen-Me’s affiliates and third-parties located either within or outside your country of residence in accordance with Zen-Me’s Privacy Policy and applicable legislation.


4. Third-Party Links and open source software

The Website may include links to websites, resources, and services owned and operated by third parties (“Third-Party Link(s)”). When you click on Third-Party Links, you leave Zen-Me’s Website, regardless of whether there is a “landing page” disclosing this fact or not. The inclusion of Third-Party Links does not imply endorsement, sponsorship, or recommendation by Zen-Me of such websites, resources or services or their content, owners, operators, or sponsors. Zen-Me assumes no responsibility and does not make any representations or warranties whatsoever for any content, goods, services, or other material created, published or offered by third parties on the website, resource or service to which the Third-Party Link links. Zen-Me is not responsible for any loss or harm caused by using Third-Party Links, and when accessing websites, resources or services through Third-Party Links, the terms and conditions of such website, resource or service, if any, applies to your access and use of it.


You also understand that when you provide data to third parties referred to in the paragraph above, you are providing it in accordance with their privacy policy, if any, and Zen-Me’s Privacy Policy does not apply in relation to such data. You understand and agree that Zen-Me has no control over such third parties or their business practices, and you hold Zen-Me harmless for the data protection practices of such third parties.


Zen-Me may use certain “open source software” in the Website. Open source software is licensed under the license terms accompanying the software in question and nothing in these Terms will limit your rights to copy, modify, or distribute the open source software in accordance with such license terms.


5. Newsletters, updates and other communications

Zen-Me may from time to time offer electronic newsletters, updates and other communications (“Communication(s)”), which you may voluntarily subscribe to through the Website by following the instructions provided on the Website. Please note that the Communications do not constitute advice and should not be treated as such. The Communications may contain Third-Party Links.


By subscribing to Communications, you accept to receive Communications to the e-mail address you have provided. You may unsubscribe from the Communications at any time by following the instructions found at the end of every Communication or by sending an e-mail to Zen-Me to the following address legal@zenme.io


A subscription of a Communication does not provide you with a right to receive Communications and does not constitute an obligation on behalf of Zen-Me to send Communications. Zen-Me reserves the right to modify, suspend, or discontinue the Communications and/or your subscription at any time with or without notice to you. Zen-Me shall not be liable to you or any third party should Zen-Me exercise such right. Zen-Me is not obliged to send or re-send Communications to any subscribers, regardless of any problems in receiving the Communications by such subscribers.


These Terms apply to the Communications, including without limitation their provision, availability, subscription, and use. Any reference made to “Website” or “Content” is also construed as a reference to the Communications.


6. Zen-Me web shop

Zen-Me is just starting out, but in due time, you will be able to access Zen-Me’s web shop on the Website to buy Zen-Me’s products. Zen-Me will update these Terms accordingly when the shop is available.


7. Disclaimer and warranties 

Zen-Me strives to keep the Website and the Content accurate, complete, and up-to-date. However, you understand that the Website and the Content may contain errors and bugs and are provided for information purposes only. YOU EXPRESSLY ACKNOWLEDGE THAT YOU WILL USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE WEBSITE AND THE CONTENT ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, AND ZEN-ME AND ZEN-ME’S OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS (“AFFILIATES”) DO NOT MAKE AND HEREBY EXPRESSELY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.


ZEN-ME AND ITS AFFILIATES DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT THEREIN WILL BE ACCURATE, RELIABLE, UNITERRUPTED OR ERROR-FREE, NOR THAT THEY WILL BE AVAILABLE ON AN UN-INTERRUPTED, TIMELY OR ERROR-FREE BASIS. ZEN-ME AND ITS AFFILIATES DO NOT GUARANTEE, REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED.


ZEN-ME AND ITS AFFILIATES DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OTHERWISE OFFERED BY THIRD PARTIES THROUGH THIRD-PARTY LINKS.


ZEN-ME AND ITS AFFILIATES DO NOT WARRANT THAT THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE ITEMS SUCH AS WORMS, TROJAN HORSES AND MALICIOUS SCRIPTS. 


YOUR SOLE REMEDY AGAINST ZEN-ME FOR DISSATISFACTION WITH THE WEBSITE AND/OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. 


Although the Website is accessible online, not all features, products or services discussed, referenced, provided, or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside a specific area. Zen-Me reserves the right to limit, at its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area.

Some jurisdictions do not allow limitations and/or exclusion of all warranties or limitations on applicable statutory consumer rights, in which case the above limitations shall only apply to the fullest extent possible under applicable law in such jurisdictions. 


8. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZEN-ME, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ZEN-ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF ZEN-ME, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO ZEN-ME FOR USE OF THE WEBSITE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (B) US $100.00.  


9. Waiver, Assignment and Severability of Terms

Zen-Me’s failure to exercise or enforce any of Zen-Me’s rights under these Terms does not waive Zen-Me’s right to enforce such rights. Zen-Me may assign these Terms and its interests, rights and obligations under these Terms to third parties without your consent. You may not assign these Terms or any of your interests, rights or obligations under these Terms. If any provision of the Terms is found by a court of competent jurisdiction or other authority to be invalid, the parties nevertheless agree that the court/authority should endeavor to give effect to the parties’ intentions as reflected in such provision, and, to the fullest extent allowed by law, the other provisions of the Terms shall remain in full force and effect.


10. Submissions

You acknowledge and agree that Zen-Me may copy, modify, utilize in its products or services and use in any other way and for any purposes any suggestions, ideas, comments, plans or feedback provided by you in relation to the Website or the Content, without any compensation to you and without acknowledgement of source. By submitting any such information or material you warrant and agree that: (i) the material does not contain any item that is unlawful, libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, or otherwise unfit for publication; (ii) you will scan and remove any viruses or other contaminating or destructive features before submitting any material; (iii) you own the material or have the unlimited right to provide it to Zen-Me; (iv) the material transmitted by you will NOT be deemed confidential; (v) you will not take action against Zen-Me in relation to the material submitted by you; and (vi) you will indemnify Zen-Me if any third party takes action against Zen-Me in relation to the material you have submitted. Zen-Me takes no responsibility for the material sent by you. Zen-Me may at any time and at its sole discretion remove from Zen-Me’s servers any material sent by or relating to you.


11. Indemnification

You agree to indemnify, defend and hold Zen-Me and its Affiliates harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms (including, but not limited to, any breach by persons acting on your behalf).


12. Breach and termination

You agree that Zen-Me may, in its sole discretion, terminate or suspend your use of the Website and/or the Content at any time and for any or no reason, including, but not limited to, if you are in breach or Zen-Me suspects that you are in breach of these Terms. 


Upon such suspension or termination, you must immediately (i) discontinue the use of the Website and/or the Content, and (ii) destroy any copies you have made of any portion of the Website or the Content. Further, you agree that Zen-Me shall not be liable to you or any third party for any termination or suspension of your access to the Website or the Content.


13. Governing Law and Dispute Resolution

Unless otherwise required by mandatory applicable law, these Terms shall be governed by the laws of the State of Delaware, excluding its choice of law provisions. 


These Terms are governed by, and interpreted in keeping with, the laws of the State of Delware, regardless of any conflict of law provisions. YOU AND ZEN-ME HEREBY EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.  DISPUTES BETWEEN YOU AND ZEN-ME WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.


Zen-Me shall have the right to seek any legal and equitable remedies (if applicable/eligible) against users infringing these Terms and/or any applicable law, including, but not limited to, copyright and trademark infringements, that may be available under the laws and regulations of any jurisdiction in which the Website may be accessed or used.



14. Contact Information

If you have any questions or concerns with respect to these Terms, the Website or the Content, please don’t hesitate to contact Zen-Me at: 


Zen-Me Incorporated

470 Ramona Street, Palo Alto, CA 94301

legal@zenme.io 


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TERMS OF USE FOR ZEN-ME INCORPORATED’S WEBSITE


Applicable from 21st March 2017


These terms of use (“Terms”) are between you (“user”, “you”) and Zen-Me Incorporated (”Zen-Me”). They apply to and set forth the terms and conditions governing the access and use of Zen-Me’s website located at www.zenme.io, including any subsite accessible through the homepage and services provided on the website (together “Website”). 


Please read these Terms carefully before accessing and using the Website. By accessing and using the Website, you accept and agree to these Terms without modification. If you do not agree with these Terms, do not access or use the Website.


This Website is not intended for children under the age of 13. If we learn that we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete such information upon discovery or upon request. By accessing or using the Website, you represent and warrant that you are at least 13 years of age and legally able to accept and assume the obligations set forth in these Terms. 


Zen-Me reserves the right, at its sole discretion, to change, modify, add, or remove the Terms or any part thereof at any time. A notice will be published on the Website along with the amended Terms if any material changes are made hereto. You are automatically bound by any changes and should therefore read such notices and periodically re-visit these Terms to check for changes. Your continued use of the Website constitutes your agreement to be bound by the changes. Zen-Me may also at its sole discretion change, terminate, suspend, or discontinue any aspect of the Website, including the availability of any features on the Website, without notice. You agree that Zen-Me shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or these Terms. 


  1. Content 


Apart from Third-Party Links and open source software (see section 4 below), all data, content, information, and materials that may be found on and which comprise the Website, including but not limited to (i) text, directories, graphics, photographs, illustrations, images, video and audio clips, sound clips, advertising and promotional materials, brochures, manuals, tools, data, software, compilations, HTML code, designs, graphical interface, and overall “look and feel”; (ii) trademarks, logos, trade names, service marks, and trade identities, whether registered or unregistered; and (iii) all other forms of information and intellectual property (all of the foregoing, excluding Third-Party Links and open source software, hereinafter collectively and individually  referred to as “Content”),  are owned, controlled, or licensed by or to Zen-Me, and, where applicable, protected by trade dress, copyright, patent, trademark, and various other proprietary and intellectual property rights and laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any rights in the Website and/or the Content to you.


  1. License to use the Website and the Content


Provided you access and use the Website in accordance with these Terms and applicable laws, statutes, rules, regulations, ordinances, and the like, Zen-Me grants you a limited, non-transferable, non-exclusive, personal, and revocable license to access, use, print, store on your computer, and display the Website and/or the Content for your personal, non-commercial, and lawful use and for informational purposes only.


The aforementioned license and/or your access to or use of the Website and/or the Content do not constitute a transfer of title to the Website or any of the Content and are subject to the following restrictions: (i) you shall not, directly or indirectly, license, sell, or assign the Website or the Content; (ii) you must retain, on all copies of the Website and the Content, all copyright, trademark, and other proprietary notices of Zen-Me and/or its licensors; (iii) except as otherwise permitted herein, you shall not, and you shall not allow a third party to, modify, distribute, transfer, store, reproduce, publicly display, or otherwise use the Website or the Content for any public or commercial purposes without Zen-Me’s prior written consent; and (iv) you shall not disassemble, decompile, reverse engineer, create any derivative works of or otherwise attempt to derive any source code, script, software, or any other trade secrets from the Website or the Content. Any violation or attempt to violate subsections (i)-(iv) above, creates a legal right which may be pursued by Zen-Me to obtain legal damages or equitable remedies, including, but not limited to, an injunction.


Please note that individual sub-sites, services, programs, and/or other Content may be subject to additional terms or disclaimers indicated therein.


  1. Privacy


Zen-Me respects your privacy rights and recognizes the importance of protecting your personal data. Your use of the Website is governed by Zen-Me’s Website Privacy Policy (“Privacy Policy”), available here zenme.io/privacypolicy and which is incorporated into these Terms by this reference. Please note that Zen-Me may provide your information to the party operating the Website as well as other third parties, as outlined in the Privacy Policy.


Please also note that Zen-Me may disclose and transfer your personal data to Zen-Me’s affiliates and third-parties located either within or outside your country of residence in accordance with Zen-Me’s Privacy Policy and applicable legislation.


  1. Third-Party Links and open source software


The Website may include links to websites, resources, and services owned and operated by third parties (“Third-Party Link(s)”). When you click on Third-Party Links, you leave Zen-Me’s Website, regardless of whether there is a “landing page” disclosing this fact or not. The inclusion of Third-Party Links does not imply endorsement, sponsorship, or recommendation by Zen-Me of such websites, resources or services or their content, owners, operators, or sponsors. Zen-Me assumes no responsibility and does not make any representations or warranties whatsoever for any content, goods, services, or other material created, published or offered by third parties on the website, resource or service to which the Third-Party Link links. Zen-Me is not responsible for any loss or harm caused by using Third-Party Links, and when accessing websites, resources or services through Third-Party Links, the terms and conditions of such website, resource or service, if any, applies to your access and use of it.


You also understand that when you provide data to third parties referred to in the paragraph above, you are providing it in accordance with their privacy policy, if any, and Zen-Me’s Privacy Policy does not apply in relation to such data. You understand and agree that Zen-Me has no control over such third parties or their business practices, and you hold Zen-Me harmless for the data protection practices of such third parties.


Zen-Me may use certain “open source software” in the Website. Open source software is licensed under the license terms accompanying the software in question and nothing in these Terms will limit your rights to copy, modify, or distribute the open source software in accordance with such license terms.


  1. Newsletters, updates and other communications


Zen-Me may from time to time offer electronic newsletters, updates and other communications (“Communication(s)”), which you may voluntarily subscribe to through the Website by following the instructions provided on the Website. Please note that the Communications do not constitute advice and should not be treated as such. The Communications may contain Third-Party Links.


By subscribing to Communications, you accept to receive Communications to the e-mail address you have provided. You may unsubscribe from the Communications at any time by following the instructions found at the end of every Communication or by sending an e-mail to Zen-Me to the following address legal@zenme.io


A subscription of a Communication does not provide you with a right to receive Communications and does not constitute an obligation on behalf of Zen-Me to send Communications. Zen-Me reserves the right to modify, suspend, or discontinue the Communications and/or your subscription at any time with or without notice to you. Zen-Me shall not be liable to you or any third party should Zen-Me exercise such right. Zen-Me is not obliged to send or re-send Communications to any subscribers, regardless of any problems in receiving the Communications by such subscribers.


These Terms apply to the Communications, including without limitation their provision, availability, subscription, and use. Any reference made to “Website” or “Content” is also construed as a reference to the Communications.


  1. Zen-Me web shop


Zen-Me is just starting out, but in due time, you will be able to access Zen-Me’s web shop on the Website to buy Zen-Me’s products. Zen-Me will update these Terms accordingly when the shop is available.


  1. Disclaimer and warranties 


Zen-Me strives to keep the Website and the Content accurate, complete, and up-to-date. However, you understand that the Website and the Content may contain errors and bugs and are provided for information purposes only. YOU EXPRESSLY ACKNOWLEDGE THAT YOU WILL USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE WEBSITE AND THE CONTENT ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, AND ZEN-ME AND ZEN-ME’S OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS (“AFFILIATES”) DO NOT MAKE AND HEREBY EXPRESSELY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.


ZEN-ME AND ITS AFFILIATES DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT THEREIN WILL BE ACCURATE, RELIABLE, UNITERRUPTED OR ERROR-FREE, NOR THAT THEY WILL BE AVAILABLE ON AN UN-INTERRUPTED, TIMELY OR ERROR-FREE BASIS. ZEN-ME AND ITS AFFILIATES DO NOT GUARANTEE, REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED.


ZEN-ME AND ITS AFFILIATES DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OTHERWISE OFFERED BY THIRD PARTIES THROUGH THIRD-PARTY LINKS.


ZEN-ME AND ITS AFFILIATES DO NOT WARRANT THAT THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE ITEMS SUCH AS WORMS, TROJAN HORSES AND MALICIOUS SCRIPTS. 


YOUR SOLE REMEDY AGAINST ZEN-ME FOR DISSATISFACTION WITH THE WEBSITE AND/OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. 


Although the Website is accessible online, not all features, products or services discussed, referenced, provided, or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside a specific area. Zen-Me reserves the right to limit, at its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area.

Some jurisdictions do not allow limitations and/or exclusion of all warranties or limitations on applicable statutory consumer rights, in which case the above limitations shall only apply to the fullest extent possible under applicable law in such jurisdictions. 


  1. Limitation of Liability


TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZEN-ME, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ZEN-ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF ZEN-ME, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO ZEN-ME FOR USE OF THE WEBSITE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (B) US $100.00.  


  1. Waiver, Assignment and Severability of Terms


Zen-Me’s failure to exercise or enforce any of Zen-Me’s rights under these Terms does not waive Zen-Me’s right to enforce such rights. Zen-Me may assign these Terms and its interests, rights and obligations under these Terms to third parties without your consent. You may not assign these Terms or any of your interests, rights or obligations under these Terms. If any provision of the Terms is found by a court of competent jurisdiction or other authority to be invalid, the parties nevertheless agree that the court/authority should endeavor to give effect to the parties’ intentions as reflected in such provision, and, to the fullest extent allowed by law, the other provisions of the Terms shall remain in full force and effect.


10. Submissions


You acknowledge and agree that Zen-Me may copy, modify, utilize in its products or services and use in any other way and for any purposes any suggestions, ideas, comments, plans or feedback provided by you in relation to the Website or the Content, without any compensation to you and without acknowledgement of source. By submitting any such information or material you warrant and agree that: (i) the material does not contain any item that is unlawful, libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, or otherwise unfit for publication; (ii) you will scan and remove any viruses or other contaminating or destructive features before submitting any material; (iii) you own the material or have the unlimited right to provide it to Zen-Me; (iv) the material transmitted by you will NOT be deemed confidential; (v) you will not take action against Zen-Me in relation to the material submitted by you; and (vi) you will indemnify Zen-Me if any third party takes action against Zen-Me in relation to the material you have submitted. Zen-Me takes no responsibility for the material sent by you. Zen-Me may at any time and at its sole discretion remove from Zen-Me’s servers any material sent by or relating to you.


11. Indemnification


You agree to indemnify, defend and hold Zen-Me and its Affiliates harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms (including, but not limited to, any breach by persons acting on your behalf).


12. Breach and termination


You agree that Zen-Me may, in its sole discretion, terminate or suspend your use of the Website and/or the Content at any time and for any or no reason, including, but not limited to, if you are in breach or Zen-Me suspects that you are in breach of these Terms. 


Upon such suspension or termination, you must immediately (i) discontinue the use of the Website and/or the Content, and (ii) destroy any copies you have made of any portion of the Website or the Content. Further, you agree that Zen-Me shall not be liable to you or any third party for any termination or suspension of your access to the Website or the Content.


13. Governing Law and Dispute Resolution


Unless otherwise required by mandatory applicable law, these Terms shall be governed by the laws of the State of Delaware, excluding its choice of law provisions. 


These Terms are governed by, and interpreted in keeping with, the laws of the State of Delware, regardless of any conflict of law provisions. YOU AND ZEN-ME HEREBY EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.  DISPUTES BETWEEN YOU AND ZEN-ME WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.


Zen-Me shall have the right to seek any legal and equitable remedies (if applicable/eligible) against users infringing these Terms and/or any applicable law, including, but not limited to, copyright and trademark infringements, that may be available under the laws and regulations of any jurisdiction in which the Website may be accessed or used.



14. Contact Information


If you have any questions or concerns with respect to these Terms, the Website or the Content, please don’t hesitate to contact Zen-Me at: 


Zen-Me Incorporated

470 Ramona Street, Palo Alto, CA 94301

legal@zenme.io