Terms & Conditions
40 Years of Zen — Main Website Terms and Conditions
Last updated: September 10, 2026
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MAIN SITE.
These Terms and Conditions (the "Terms") are a legal contract between you and 40 Years, Inc., a Delaware corporation doing business as 40 Years of Zen ("40 Years of Zen," "we," "us," or "our"). By using the Main Site, including by booking or inquiring about a program, signing up for services or communications, or by clicking a box indicating that you accept or agree to these Terms, you signify your agreement to these Terms. If you do not agree to these Terms, do not use the Main Site.
These Terms apply to the 40 Years of Zen main website only — the site at 40yearsofzen.com and any successor or replacement domain we use for it, including 40yoz.framer.website (the "Main Site").
They do not apply to our online store at https://shop.40yearsofzen.com (the "Shop"). Purchases of products from the Shop are governed by the separate Shop Terms of Service, Shop Privacy Policy and Shop Refund Policy published on the Shop. If you are shopping for coffee, supplements or devices, those documents — not these Terms — govern your purchase.
1. Scope — which sites and services these Terms cover
These Terms govern your access to and use of the Main Site and any content, features, forms, booking tools and communications offered through it.
These Terms do not govern:
• The Shop. Your purchase of products at https://shop.40yearsofzen.com is governed by the Shop Terms of Service, Shop Privacy Policy and Shop Refund Policy. Where those documents conflict with these Terms in respect of a Shop purchase, the Shop documents control.
• Your program agreement. If you sign a separate participation agreement, informed consent, waiver, release or services agreement with us for a program, that signed agreement governs the program itself. Where it conflicts with these Terms, the signed agreement controls as to its subject matter.
• Third-party sites and services. See Section 11.
The following related documents apply to the Main Site and are incorporated into these Terms by reference: our Privacy Policy and our Program Booking, Billing, Cancellation and Rescheduling Policy (the "Billing Policy").
2. Eligibility and authority
By using the Main Site you represent that you are at least 18 years of age, or are visiting under the supervision of a parent or guardian, and that you are legally able to enter into a contract. If you are using the Main Site on behalf of an employer or other organization, you represent and warrant that you are authorized to bind that employer or organization to these Terms.
3. Changes to these Terms
We may revise these Terms at any time. When we do, we will update the "Last updated" date at the top of this page. Changes take effect when posted, except that changes to Section 18 (Dispute Resolution and Arbitration) are subject to that Section. It is your responsibility to review these Terms periodically. If you continue to use the Main Site after revisions are posted, you agree to the revised Terms. If you do not agree, please stop using the Main Site.
4. Website use and limited license
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Main Site for your personal, non-commercial use. This license does not include: any resale or commercial use of the Main Site or its contents; any collection or use of program or service listings; any derivative use of the Main Site or its contents; any use of data mining, robots, scrapers or similar data gathering and extraction tools; or any downloading or copying of account information for the benefit of another merchant. Unauthorized use terminates the license granted by 40 Years of Zen.
Except as permitted above, the Main Site and its contents may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without our express written consent. You may not use any meta tags or other "hidden text" using the 40 Years of Zen name or trademarks without our express written consent.
We reserve the right to change any information, features and functions of the Main Site without prior notice, and to stop offering any 40 Years of Zen program or product at any time in our sole discretion. We may refuse service, terminate accounts and deny access to any or all parts of the Main Site if you engage in conduct that we determine, in our sole discretion, violates these Terms, our rights or the rights of any third party.
5. No unlawful or prohibited use
As a condition of your use of the Main Site, you warrant that you will not use it for any purpose that is unlawful or prohibited by these Terms. Without limiting that, you agree not to: interfere with or disrupt the Main Site or the servers or networks connected to it; attempt to gain unauthorized access to any part of the Main Site or any account; introduce viruses, malware or other harmful code; impersonate any person or entity; harvest or collect information about other users; or use the Main Site to send unsolicited commercial communications.
6. Accuracy of site content
We are committed to keeping the Main Site up to date and accurate. If you nevertheless encounter anything that is incorrect or out of date, we would appreciate it if you would let us know. Please indicate where on the Main Site you read the information and email us at info@40yearsofzen.com. We will review it as soon as we reasonably can.
Any personal information you provide to us in the course of that report or a request for information will be handled in accordance with our Privacy Policy.
The Main Site may contain typographical errors, inaccuracies or omissions relating to program descriptions, availability, inclusions or pricing. We reserve the right to correct any such error and to change or update information at any time without prior notice, and to cancel or decline any booking placed in reliance on incorrect information, in which case we will notify you and refund any amount you have paid for that booking.
7. No medical advice; no practitioner–patient relationship; individual results
The information on the Main Site, or provided at your request, is for informational and educational purposes only and is not intended to be medical or healthcare advice, diagnosis or treatment. Using the Main Site does not create a physician–patient, therapist–client or other practitioner–patient relationship.
40 Years of Zen does not recommend any particular form of medical treatment, and does not recommend that any person manage their own health problems without the advice of a licensed health care practitioner. Information found on or received through the Main Site should not be used in place of a visit with, call to, consultation with or advice from a health care provider. If you suspect you have a medical problem, or you have health care related questions, promptly call or see your health care practitioner. If you are experiencing a medical emergency, call 911 or your local emergency number.
Our programs are wellness and educational programs. Any statements, case studies, testimonials or results described on the Main Site are individual experiences and are not a promise, guarantee or prediction of the results you will experience. Individual results vary.
8. Programs, bookings and payment
Programs and services described on the Main Site are offered for personal use only; commercial use is prohibited. We may revise, reschedule or discontinue programs at any time. We reserve the right to limit program availability, deny service or terminate accounts if misuse is identified. Prices and promotions are subject to change without notice, except that we will not change the price of a booking we have already accepted.
Deposits, balances, payment timing, cancellation, rescheduling and administration fees are governed by our Billing Policy, which is incorporated into these Terms. Please read it before you book. Participation in a program may also require you to complete health screening and to sign a separate participation agreement, informed consent and release.
9. Electronic communications and consent to electronic records
By using the Main Site or providing your information, you consent to receive communications from us electronically, including by email and, if you opt in, by text message. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that those communications be in writing. You may withdraw this consent by contacting us at info@40yearsofzen.com, but if you do we may be unable to continue providing certain services to you.
10. SMS communications
40 Years of Zen operates an SMS program that sends opted-in subscribers text messages to follow up on requests made through the Main Site, to support reservations and bookings, and to send service updates and special offers.
• Consent. By providing your mobile number and opting in, you consent to receive recurring automated and non-automated messages from 40 Years of Zen at that number. Consent is not a condition of purchase.
• Frequency, rates. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
• Opt out. Reply STOP to any message to unsubscribe. You will receive one confirmation message and no further messages unless you opt in again.
• Help. Reply HELP to any message or email info@40yearsofzen.com.
• Your number. You are responsible for providing an accurate mobile number and for notifying us if it changes. We are not responsible for messages sent to a number you gave us in error or that has been reassigned.
• Privacy. We do not sell, rent or share mobile numbers or SMS opt-in and consent data with third parties or affiliates for their marketing or promotional purposes. See our Privacy Policy for details.
• Changes. We may modify or discontinue the SMS program at any time without prior notice, and may update these SMS terms. Continued participation constitutes acceptance of the updated terms.
11. Third-party websites, links and products
The Main Site may contain links to, or be linked from, websites operated by third parties. We accept no responsibility for the content of any website to which or from which a hyperlink or other reference is made, and a link does not imply our endorsement. Products or services offered by third parties are subject to the terms, conditions and privacy policies of those third parties, and any dealings you have with them are solely between you and them. We encourage you to review the terms and privacy policies of any third-party site you visit.
12. Intellectual property
All content on the Main Site — including text, graphics, images, video, audio, digital content, program materials, protocols, software, page layout, and the "40 Years of Zen" name, logos and other marks — is the property of 40 Years, Inc. or its licensors and is protected by United States and international copyright, trademark and other intellectual property laws. All intellectual property rights in Main Site content are vested in 40 Years, Inc. or its licensors.
Copying, disseminating and any other use of these materials is not permitted without our written permission, except and only insofar as otherwise permitted by mandatory law (such as the right to quote), or unless specific content expressly states otherwise.
If you believe content on the Main Site infringes your copyright, please send a notice with the information required by the Digital Millennium Copyright Act to Legal@TheAspreyGroup.com. We will respond to properly submitted notices and may remove content and terminate repeat infringers.
13. Feedback and submissions
If you send us ideas, suggestions, testimonials, reviews, questions or other material ("Submissions"), you grant us a non-exclusive, royalty-free, perpetual, worldwide, sublicensable license to use, reproduce, modify, publish and display that material in connection with our business, and you represent that you have the right to grant that license. We are not obligated to keep Submissions confidential, to pay compensation for them, or to respond to them. Do not send us confidential health information through public or unsecured channels; use the intake process we provide.
14. Accessibility
We want the Main Site to be usable by as many people as possible. If you have any questions or difficulty with the accessibility of the Main Site, please contact us at info@40yearsofzen.com and we will work with you to provide the information or service you need through an alternative method.
15. Privacy
Your use of the Main Site is also subject to our Privacy Policy, which explains what personal information we collect, how we use and disclose it, and the choices and rights you have. The Shop maintains its own separate privacy policy for purchases made there.
16. Disclaimers and limitation of liability
YOU ASSUME ALL RISK OF USING THE MAIN SITE AND PARTICIPATING IN OUR PROGRAMS. EXCEPT AS SPECIFICALLY PROVIDED IN A SIGNED AGREEMENT WITH US, ALL CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, 40 YEARS OF ZEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE MAIN SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MAIN SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, 40 YEARS OF ZEN, ITS AFFILIATES AND ITS THIRD-PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE MAIN SITE OR PARTICIPATION IN PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE MAIN SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or for death or personal injury caused by negligence where that limitation is prohibited.
17. Indemnification
You agree to indemnify, defend and hold harmless 40 Years, Inc., its affiliates, and each of their respective officers, directors, employees, agents, licensors and providers (the "40Y Parties") from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any activity related to use of the Main Site (including negligent or wrongful conduct) by you or any other person accessing the Main Site using your internet account or credentials. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense.
18. Dispute resolution and arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Most customer concerns can be resolved quickly and to a customer's satisfaction by contacting us at info@40yearsofzen.com.
This Dispute Resolution and Arbitration provision (this "Provision") facilitates the prompt and efficient resolution of any disputes that may arise between you and the 40Y Parties. Arbitration is a form of private dispute resolution in which the parties waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral arbitrator for a binding decision. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court, including attorneys' fees where available.
"Dispute" means any dispute, claim or controversy between you and any 40Y Party regarding any aspect of your relationship with the 40Y Parties, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement or negligence) or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision. "Dispute" is to be given the broadest meaning that will be enforced, and includes claims against other parties relating to services or products provided or billed to you whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
Your right to opt out of arbitration
You may opt out of this Provision within 30 days after you first accept these Terms. To opt out, email Legal@TheAspreyGroup.com with the subject line "Arbitration Opt-Out," and include your name, address and email address, and a statement that you are opting out of the arbitration provision. Opting out will not affect any other part of these Terms and will not affect your relationship with us in any other way. If you do not opt out within 30 days, you agree to be bound by this Provision.
Pre-arbitration claim resolution
For all Disputes, whether pursued in court or arbitration, you must first give the 40Y Parties an opportunity to resolve the Dispute. Begin this process by sending written notice to the General Counsel of 40 Years of Zen at Legal@TheAspreyGroup.com. That notice must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If the 40Y Parties do not resolve the Dispute within 45 days after receiving your notice, you may pursue your Dispute in arbitration.
Arbitration procedures
If this Provision applies and the Dispute is not resolved as provided above, either you or the relevant 40Y Parties may initiate arbitration. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate the Dispute before a single arbitrator. The arbitration will be commenced as an individual arbitration and will in no event be commenced as a class arbitration. All issues are for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000 the AAA's Consumer Arbitration Rules will apply; for Disputes of $75,000 or more the AAA's Commercial Arbitration Rules will apply. In either case the AAA's Optional Rules for Emergency Measures of Protection apply. AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply; JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply.
Because the Main Site and these Terms concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. The arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Class action and jury trial waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A TRIAL BY JURY. If a court decides that applicable law prevents enforcement of this paragraph as to any claim or request for relief, then that claim or request must be severed and may be brought in court, while all other claims proceed in arbitration.
Exceptions
Either party may bring an individual claim in small claims court if it qualifies. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or to prevent unauthorized access to or misuse of the Main Site.
Arbitration award
The arbitrator may award on an individual basis any relief available under applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The award is final and binding, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction.
Location of arbitration
You or the 40Y Parties may initiate arbitration in either Austin, Texas or the federal judicial district that includes your billing address. If you select the federal judicial district that includes your billing address, any 40Y Party may transfer the arbitration to Austin, Texas provided it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of arbitration fees and costs
The relevant 40Y Parties will pay all arbitration filing fees and the arbitrator's costs and expenses upon your written request given before the commencement of the arbitration. You are responsible for all additional fees and costs you incur in the arbitration, including attorneys or expert witnesses. Fees and costs may be awarded as provided under applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with us as provided under "Pre-arbitration claim resolution" and the arbitrator concludes that you are the prevailing party, you are entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator.
Severability and continuation
If any clause within this Provision (other than the class action waiver) is found to be illegal or unenforceable, that clause will be severed and the remainder of this Provision will be given full force and effect. This Provision survives the termination of your account or other relationship with 40 Years of Zen. Notwithstanding anything to the contrary, if we make any change to this Provision (other than a change to the notice address), you may reject the change and require the 40Y Parties to adhere to the language in effect when the Dispute arose.
19. Governing law and venue
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. Subject to Section 18, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas for any action not subject to arbitration.
20. Termination and survival
We may suspend or terminate your access to the Main Site at any time, with or without cause or notice. The provisions relating to Accuracy of Site Content, Intellectual Property, Feedback and Submissions, Disclaimers and Limitation of Liability, Indemnification, Dispute Resolution and Arbitration, Governing Law and Venue, and this Section survive any termination of these Terms.
21. General
• Entire agreement. These Terms, together with the Privacy Policy and Billing Policy, and any signed program agreement, are the entire agreement between you and us regarding the Main Site and supersede any prior agreements on that subject.
• Severability. If any provision of these Terms is held unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition or sale of assets.
• Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disaster, severe weather, epidemic or pandemic, government action, labor disruption, utility or internet failure, or acts of war or terrorism.
• Notices. We may give notice to you by email to the address you provided or by posting on the Main Site. You may give notice to us at info@40yearsofzen.com, or for legal notices at Legal@TheAspreyGroup.com.
• Headings. Headings are for convenience only and do not affect interpretation.
• Export and location. The Main Site is operated from the United States and directed to users in the United States. We make no representation that it is appropriate or available in other locations. If you access it from elsewhere, you are responsible for compliance with local law.
22. Contact information
For questions regarding these Terms:
40 Years, Inc. d/b/a 40 Years of Zen
1710 Keller Pkwy, #6090, Keller, TX 76248, United States
General: info@40yearsofzen.com
Legal notices: Legal@TheAspreyGroup.com