Terms and Conditions
 

 

Agreement Between User and Zenevate, LLC (“Zenevate”)

These Terms of Use apply to http://Zenevate.com and any and all mobile applications and content distributed by Zenevate, LLC (hereinafter referred to collectively as the “Service”). The Service is comprised of various web pages and mobile or desktop applications operated by Zenevate. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Service as a “Visitor” (which means you simply browse the Service), or as a “Member” (meaning you are a registered user of the Service) constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The website located at http://Zenevate.com and all accompanying applications provide a platform for yoga content, tools, and communities through which individuals can obtain on-demand yoga instruction and instructors can provide their instructional videos. The aforementioned features are subject to change or modification.

Privacy

Your use of the Service is subject to Zenevate’s Privacy Policy. Please review our Privacy Policy , which also governs Zenevate and informs users of our data collection practices.

Electronic Communications

Visiting the Service or contacting Zenevate constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Service, satisfies any legal requirement that such communications be in writing.

Your Account

If you use the Service, you are responsible for maintaining the confidentiality of your account and subscription and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or subscription. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Zenevate is not responsible for third party access to your account that results in theft or misappropriation of your account. Zenevate and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Account Registration

If you wish to become a Member, communicate with other Members and/or otherwise make use of the Services, you must read this Agreement and indicate your acceptance during the Member registration process. In consideration of your use of Zenevate, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zenevate reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.

Billing

Zenevate charges a monthly, non-refundable fee plus usage fee per Member per instructor channel. Technical support is included. System upgrades are free of charge. Optional value-added upgrades such as premium features, additional instructor channels or content, and customization will involve a separate charge.

Trial Period

Zenevate may from time to time offer a Membership trial period. We require that you provide a valid credit or debit card (“Payment Source”) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial”). Zenevate will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. Zenevate reserves the right to terminate any account that is using or trying to use more than one Free Trial. Because the Zenevate service is offered in multiple time zones, for consistency, a “day” for purposes of this Agreement begins at 12:00am US - Central Time and ends at 11:59pm, US-Central Time of that same calendar day. It is very important to understand that you will not receive a notice from Zenevate that your Free Trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight US-Central Time on the last day of your Free Trial period.

Cancellation/Refund Policy

You may cancel your subscription to the Service if you are not satisfied at any time. To do so please send an email to info@Zenevate.com with the following subject line: Cancel Account. We will respond within five (5) days of any cancellation request to confirm receipt. Once your cancellation has been processed, you will not be billed again. If you have any problems canceling your subscription, please contact Zenevate, LLC at info@Zenevate.com.

Opt-Out/Unsubscribe

To Opt-Out/Unsubscribe from any of our marketing emails please contact unsubscribe@Zenevate.com. You will continue to receive important emails regarding your Member account as long as your account is active.

Links to Third Party Sites and Third Party Services

The Service may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Zenevate and Zenevate is not responsible for the content of any Linked Websites, including without limitation any link contained in Linked Sites, or any changes or updates to a Linked Sites. Zenevate is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Zenevate of Zenevate or any association with its operators.

Certain services made available via the Service are delivered by third party sites and organizations. By using any product, service or functionality originating from the Service you hereby acknowledge and consent that Zenevate may share such information and data with any third party with whom Zenevate has a contractual relationship to provide the requested product, service or functionality on behalf of Zenevate’s users and customers.

LICENSE AGREEMENT

These Terms are a legal agreement between you and Zenevate for use of the Service identified above. By installing, browsing, or otherwise using the Service, you agree to be bounded by the Terms of this agreement. If you do not agree to the Terms of this agreement, do not install or use the Service.

Service License

The Zenevate Platform is being distributed as a website or app for personal, commercial, for-profit purposes. It may be included with download distributions. You are NOT allowed to charge for distributing this Service (either for profit or merely to recover your media and distribution costs) whether as a stand-alone product, or as part of a compilation or anthology, nor to use it for supporting your business or customers. It may be distributed freely on any website or through any other distribution mechanism, as long as no part of it is changed in any way.

Grant of License

This Agreement grants you the following rights:

  • Installation and Use. You may install and use an unlimited number of copies of the Service.
  • Reproduction and Distribution. You may not reproduce and distribute copies of the Service.
  • Description of Rights and Limitations. You may not reverse engineer, decompile, or disassemble the Service, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Standard Updates and Maintenance. Updates are included free of additional charge. Premium Updates and Maintenance. Premium Updates may include custom work, software modification, and additional value added service. Subject to the prior written agreement between you and the Company, additional fees and charges may be incurred for Premium Updates.
  • Separation of Components. The Service is licensed as a single product. Its component parts may not be separated for use on more than one device. Software Transfer. You may permanently transfer all of your rights under this agreement, provided the recipient agrees to the Terms of this agreement. White Label. You may white label the Zenevate platform only with the prior express written consent of Zenevate, LLC. White labeling the Zenevate platform is subject to an additional fee.
  • Termination. Without prejudice to any other rights, Zenevate, LLC may terminate this agreement if you fail to comply with the Terms of this agreement. In such event, you must destroy all copies of the Service and all of its component parts.

Content and Usage

Logos, quotes, images, audio clips, animations, recorded interviews, instructional videos, guidelines, posts, books and assets owned or licensed by Zenevate (“Zenevate’s Materials), and instructional videos created and owned by instructors on the Service or (“Instructor Content”) (collectively, “Zenevate Content”) is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Zenevate. Other than rights expressly granted to you, Zenevate reserves all rights in and to the Service and Zenevate Content.

You may access the Service and Zenevate Content as available:

  • for your information and personal use;
  • as intended through the normal functionality of the Service; and
  • for Streaming (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing videos via the Service for any purpose or in any manner other than Streaming is expressly prohibited. When you Stream Zenevate Content, the resolution and quality of Zenevate Content you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While we strive to provide a quality viewing experience, we make no guarantee as to the resolution or quality of the Streaming Zenevate Content you will receive.

In order to be able to Stream or download Zenevate Content from the Service and to view Zenevate Content on the Service, you will need to use an iOS device such as an iPhone or iPad, that meets the system and compatibility requirements that we establish from time to time, and is otherwise capable of interacting with the Service (each such device, a “Compatible Device”). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

Health Disclaimer

Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by an instructor on the Service, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Service. Zenevate is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Zenevate Content. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis.

By using the Service, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities in connection to the Service, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Zenevate, or any person or entity involved with Zenevate, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

Certification and Disclaimer of Affiliation with Accreditation Body

Zenevate Content offered by Zenevate and Instructors are for information purposes only and do not make you eligible for certification by any governing or accreditation body to teach yoga. Zenevate is not a member of any yoga-related governing or accreditation body and therefore cannot guarantee that the curriculum meets the standards developed by such organizations. You agree not to hold yourself out as a certified yoga instructor based on completing the courses, content or programs available on the Service or use Zenevate’s name as a certification or accreditation body for purposes of teaching yoga. Further, you expressly waive and release Zenevate and its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives of any claim arising from or in connection with teaching yoga or a violation of the terms as provided herein.

Minors

Zenevate’s content is not directed to persons under eighteen (18) years of age, and by using Zenevate you are representing that you are eighteen (18) years of age or older. You must be at least eighteen (18) years of age to become a Member and purchase Services. By agreeing to this Agreement during the sign up process, you represent and certify that you are legally able to enter into any and all purchase agreements with Zenevate and its partners, vendors, agents and service providers.

Prohibited Conduct

You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (individually and collectively, “Content”) that:

  • interferes with or disrupts the Service;
  • is contrary to the interests of Zenevate;
  • may damage, lessen, or harm the goodwill or reputation of Zenevate or its services;
  • is inaccurate, off-topic, irrelevant, or inappropriate for the purposes of the Service;
  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
  • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information from other Members; involves commercial activities and/or sales without Zenevate’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
  • includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
  • denigrates, ridicules, or demeans another person; or
  • contains a virus or other harmful component.

Moreover, you may not (a) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service, (b) attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service or to any Zenevate server or to any of the services offered on or through the Service, by hacking, password “mining,” or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Service, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Zenevate systems or networks or any systems or networks connected to the Service, (f) use any device, software, or routine to interfere with the proper working of the Service or any transaction conducted on the Service, or with any other person's use of the Service, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Zenevate on or through the Service, or (h) use the Service in an unlawful manner.

Responsibility for Content

You, and not Zenevate, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Service. Zenevate does not control the Content posted by third parties via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Zenevate be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

Rejection/Removal of Content

You acknowledge that Zenevate may or may not pre-screen Content posted on the Service, that Zenevate is not responsible for behavior or comments of instructors and/or students and/or music on the Service, but that Zenevate shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, Zenevate shall have the right to remove from the Service any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Zenevate.
If you become aware of misuse of the Service by any person, please contact Zenevate at info@zenevate.com.

Termination or Suspension of Account

If Zenevate determines in its sole discretion that you are violating any of the terms of this Agreement, Zenevate may: (1) notify you, and (2) use technical measures to block or restrict your access or use of the Service. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. If Zenevate terminates your account or suspends or discontinues your access to the Service due to your violations of this Agreement, then you will not be eligible for any credit, refund or discount or other consideration.

Preservation/Disclosure

You acknowledge, consent and agree that Zenevate may access, preserve and disclose your account information or Content posted by you if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Zenevate, its Members and the public; or (f) pursuant to the terms of the Privacy Policy.

Security Components

You understand that the Service and software embodied therein may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Zenevate and/or content providers who provide content to Zenevate. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Service.

Proprietary Rights

Materials on the Service, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Zenevate or by third parties that have licensed or otherwise provided their material to Zenevate. You acknowledge and agree that all Materials on the Service are made available to you for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Service, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Zenevate’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Service or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Zenevate. Unauthorized framing of or linking to any of the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.

License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through the Service, you hereby grant to Zenevate a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through the Service, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have posted, but Zenevate has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on Zenevate servers after the Content appears to have been removed from the Service, and Zenevate retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

Zenevate and Third Parties

Our Service contains Zenevate Content, and Content of third party licensors to Zenevate (including Content provided by users of the Service, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Zenevate owns and retains all rights, title and interest in the Zenevate Content. Zenevate hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Zenevate Content and any third party Content located on or available through the Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Service. Any dealings with third parties included within or on the Service involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Zenevate is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Service does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Zenevate or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Service is provided to you for informational purposes only. Zenevate encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Zenevate works to ensure the information on the Service is current and accurate, Zenevate does not warrant the accuracy of any information contained thereon (including information provided by instructors) or its fitness for any particular purpose.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Zenevate strictly in accordance with these Terms. As a condition of your use of Zenevate, you warrant to Zenevate that you will not use the website or services for any purpose that is unlawful or prohibited by these Terms. You may not use Zenevate in any manner which could damage, disable, overburden, or impair Zenevate or interfere with any other party’s use and enjoyment of the same. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Zenevate.

All content included as part of Zenevate, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on Zenevate, is the property of Zenevate, LLC or its partners and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on Zenevate. Zenevate content is not for resale. Your use of Zenevate does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Zenevate and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Zenevate or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Zenevate from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Zenevate Content accessed via http://www.Zenevate.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Special Terms for International Use

US Export Laws.

The Services are subject to United States export controls and economic sanctions laws. In accepting these Terms of Service you represent and warrant that: (a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Services (“Restricted Countries”), including without limitation, Cuba, Iran, North Korea, Sudan or Syria; and, (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) that appears on the U.S. Department of State’s Terrorist Exclusion List; (iii) that appears on the Bureau of Industry and Security’s Denied Persons, Entity or Unverified List; (iv) that appears on the Consolidated List of Targets published by the U.K. HM Treasury; (v) that appears on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade; (vi) that is subject to sanctions in any other country; or (vii) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.

EU Users

If you are a User located in the European Union who is an individual acting for purposes that are wholly or mainly outside of your trade, business, craft or profession while using the Services, then the following EU Consumer Amendments apply to you:

Zenevate, LLC
Email: info@Zenevate.com

If you are a User located in the European Union who is an individual acting for purposes that are wholly or mainly outside of your trade, business, craft or profession while using the Services, then the following changes to the Terms of Service apply to you:

Disclaimer of Warranties of the Terms of Service is deleted and replaced with the following:

  1. Zenevate uses commercially reasonable efforts to provide the Services without interruptions and such that transmissions are error-free. However, by nature of the Internet, this cannot always be achieved. In addition, Zenevate may take some or all of the Services down for planned repair or maintenance from time to time. Zenevate will use commercially reasonable efforts to notify you prior to such planned repairs or maintenance.
  2. Zenevate does not assume any warranty for the content, products, services, actions or inactions of any User or third party before, during and/or after the use of Zenevate. However, Zenevate wants its customers to report any misconduct in connection with the Services by contacting us at info@Zenevate.com.
  3. Limitation Of Liability of the Terms of Service does not apply to (a) any damages caused by any personal injury or death caused by Zenevate’s negligence, and (b) any damages caused by Zenevate’s gross negligence or intentional misconduct, in each case, for which Zenevate’s liability shall be unlimited. In addition, for failing to discharge obligations the nature of which is essential to the performance of the Services and the purposes of the Terms of Service, Zenevate’s liability shall be subject to these Terms of Service, but the limits shall be amended to include typical and foreseeable damages arising from such failures. The provisions of the German Product Liability Act remain unaffected.
  4. Choice of Law is amended such that the law of the EU country in which you reside applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Judicial Forum is deleted.

The following Withdrawal Rights are added to these Terms of Use:

Legal Cancellation Rights for Services Performed By Zenevate. The following applies only to Organizers that are consumers (i.e., individuals acting for purposes which are wholly or mainly outside their trade, business, craft or profession while using the Services):

You may have a legal right to withdraw your agreement without giving any reason within a 14 day withdrawal period. In the case of a contract for services this withdrawal period expires 14 days from the day the contract was concluded. For goods, the withdrawal period expires 14 days from the day on which you acquire, or a third party other than the carrier indicated by you acquires, physical possession of the goods (or of the last good in case of multiple goods; or of the last lot or piece in case of goods consisting of multiple lots or pieces; or on the first good in case of the regular delivery of goods).

Information on the Withdrawal Right

Right of withdrawal: you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us at:

Zenevate, LLC
Email: info@Zenevate.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back, if any, or you have supplied evidence of having sent back the goods, if any, whichever is the earliest.

You shall send back any goods ordered without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning any goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

You will not benefit from a legal right to cancel your contract with Zenevate if your contract with Zenevate is for the provision of services related to leisure activities for a specific date or period.

Indemnification

You agree to indemnify, defend and hold harmless Zenevate, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use Zenevate or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Zenevate reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Zenevate in asserting any available defenses.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH ZENEVATE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ZENEVATE, LLC AND/OR ITS PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME.

ZENEVATE, LLC AND/OR ITS PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ZENEVATE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

SSL HAS BEEN IMPLEMENTED ON ZENEVATE, LLC’S SITES. WHILE THIS ENCRYPTS ALL COMMUNICATION BETWEEN ZENEVATE AND ITS CUSTOMER, IT WILL NOT PREVENT DATA THEFT IF THE CUSTOMER’S COMPUTING DEVICE IS COMPROMISED. THE CUSTOMER AGREES NOT TO HOLD ZENEVATE ACCOUNTABLE IN THE INSTANCE OF THIS UNFORTUNATE EVENT. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZENEVATE, LLC AND/OR ITS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ZENEVATE, LLC OR ANY OF ITS PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZENEVATE WEBSITES, APPS AND SERVICES.

Termination/Access Restriction

Zenevate reserves the right, in its sole discretion, to terminate your access to Zenevate and the related services or any portion thereof at any time, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zenevate as a result of this agreement or use of Zenevate. Zenevate’s performance under this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Zenevate’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Zenevate or information provided to or gathered by Zenevate with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

DISPUTE RESOLUTION

MANDATORY ARBITRATION AND CLASS ACTION WAIVER

Arbitration
You agree that any claims or disputes (“Claims”) that arise out of or relate in any way to the Zenevate, the Zenevate Services, Terms of Use, or our Privacy Policy will be resolved by final and binding arbitration instead of litigation in Court. In arbitration, there is no judge and no jury. Rather, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in courts is very limited.

CLASS ACTION WAIVER
You agree that any Claims that arise out of or relate in any way to Zenevate, Services, Terms of Use, or our Privacy Policy will be resolved on an individual basis and that there will be no class, representative, or consolidated action or actions in arbitration. In addition, neither you nor Zenevate may participate in a class or representative action in court as a class member if the claims asserted at arbitration are within the scope of these Terms of Use and asserted directly by you or us. You and Zenevate waive any right to participate in any class action involving disputes between us. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth below will remain in full force and effect.

Arbitrator Authority
The arbitrator’s authority is governed by this arbitration agreement. You and Zenevate agree that the arbitrator may award the same relief that a court of competent jurisdiction could, but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with Zenevate. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under applicable law.

Arbitration Procedures
You and Zenevate agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at http://www.adr.org or by calling 1-800-778-7879. If the Claim asserted in arbitration is for less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. If the claim is for more than $75,000, then the Commercial Rules will apply. If there is a conflict between the AAA Rules and this arbitration agreement, then this arbitration agreement shall control. For claims less than $75,000, Zenevate will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees, unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover attorneys’ fees under the law. The arbitration will be held in a mutually agreeable and convenient location.

Governing Law
This Service is controlled by Zenevate, LLC from our offices located in the State of Illinois and it can be accessed by most countries around the world. As each country has laws that may differ from those of Illinois, by accessing Zenevate, you agree that the statutes and laws of Illinois, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Service and the purchase of any products or services through this site.

Survival
This arbitration agreement survives the termination of this Agreement between you and Zenevate.

Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Zenevate with respect to Zenevate and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Zenevate with respect to Zenevate. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Zenevate reserves the right, in its sole discretion, to change the Terms under which http://www.Zenevate.com/ are offered. The most current version of the Terms will supersede all previous versions. Zenevate encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Zenevate welcomes your questions or comments regarding the Terms:

Zenevate, LLC
Email: info@Zenevate.com

Effective as of April 24, 2018