PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THESE WEBSITES.
These Terms and Conditions (the “Terms”) are a legal contract between you and 40 Years, Onc. (“40 Years of Zen,” “we,” “us,” or “our”). By using the websites at 40yearsofzen.com (collectively, the “websites”), including signing up for programs, services, or communications through these websites, or by clicking a box that states that you accept or agree to these Terms, you signify your agreement to these Terms. If you do not agree to these Terms, you may not use these websites.
You agree that by using these websites, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract. If you are viewing and using the website on behalf of your employer or another organization, you represent and warrant that you are authorized to bind your employer or organization to these Terms.
It is your responsibility to review these Terms periodically. We reserve the right to revise these Terms at any time without notice to you. If you use these websites after the revisions are made, you agree to such revisions. If you do not agree to these revised Terms, please do not use these websites.
1. WEBSITE USE
We grant you a limited license to access and use these websites for your personal use. This license does not include any resale or commercial use of these websites or their contents; any collection and use of any program or service listings; any derivative use of these websites or their contents; or any downloading or copying of account information for the benefit of another merchant. Unauthorized use terminates the permission or license granted by 40 Years of Zen.
Except as permitted above, these websites or any portion of these websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of 40 Years of Zen. You may not use any meta tags or any other “hidden text” utilizing 40 Years of Zen’s name or trademarks without the express written consent of 40 Years of Zen. Any unauthorized use terminates the permission or license granted by 40 Years of Zen.
We reserve the right to change any information, features and functions of these websites without prior notice. We reserve the right to stop supplying 40 Years of Zen products at any time at our absolute discretion. We may refuse service, terminate accounts and/or deny access to any or all parts of these websites if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our rights or the rights of any third party. Use of these websites for any illegal or unauthorized purpose is strictly prohibited.
2. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of these websites, you warrant to us that you will not use these websites for any purpose that is unlawful or prohibited by these Terms.
3. NO MEDICAL ADVICE
4. PROGRAMS AND SERVICES
The services offered on these websites are intended for personal use only. Commercial use of the services is prohibited. We may revise and discontinue services 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.
5. ELECTRONIC COMMUNICATIONS
By using the websites or providing your information, you consent to receive communications from us electronically, including via email and SMS, subject to Section 12 below.
SMS COMMUNICATIONS
40 Years of Zen operates a campaign that sends opted-in subscribers text messages to follow up on requests made through the website, reservations for services, bookings, and to receive special offers from 40 Years of Zen. By providing your phone number and opting into SMS communications, you consent to receive recurring messages from 40 Years of Zen. Message frequency may vary. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
You assume all risk of using these websites and participating in our programs. Except as specifically provided, 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, including implied warranties of merchantability and fitness for a particular purpose.40 Years of Zen does not represent or warrant that the functions contained on the Websites will be uninterrupted or error-free, that the defects will be corrected, or that these websites or the server that makes these websites available are free of viruses or other harmful components.
40 Years of Zen, its affiliates, or its third party providers shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the websites or participation in programs, even if 40 Years of Zen, its affiliates, or its third party have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. INTELLECTUAL PROPERTY
All content on these websites, including text, graphics, images, and digital content, is the property of 40 Years of Zen or its licensors and is protected by applicable intellectual property laws.
8. PRIVACY
Your use of these websites is also subject to our Privacy Policy, which explains how we collect, use, and protect your personal data: https://40yearsofzen.com/policies/privacy-policy/
9. Indemnification
You agree to indemnify, defend, and hold harmless the 40 Years of Zen, its affiliates, and each of their respective officers, directors, employees, agents, licensors and providers (the “40Y Parites”) 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 Websites (including negligent or wrongful conduct) by you or any other person accessing these websites using your Internet account.
9. DISPUTE RESOLUTION AND ARBITRATION
Please read this carefully. It affects your rights.
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”) facilitates the prompt and efficient resolution of any disputes that may arise between you and 40Y Parties. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.
Please read this Provision carefully. It provides that all Disputes between you and 40Y Partiesshall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. 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).
The term “Dispute” means any dispute, claim, or controversy between you and 40Y Parties. regarding any aspect of your relationship with 40Y Parties. whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, 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 possible meaning that will be enforced, and shall include any 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, AS DEFINED ABOVE, 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 ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH 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. You must commence this process by mailing written notification General Counsel of 40 Years of Zen at Legal@TheAspreyGroup.com. That written notification 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 any of the 40Y Parties do not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
Arbitration Procedures
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the relevant 40Y Parties may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be 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 Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The 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. The 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 to the arbitration.
Because these websites and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to 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. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or 40Y Parties may initiate arbitration in either Austin, Texas or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, any of the 40Y Parties may transfer the arbitration to Austin, Texas in the event that 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 arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to 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 40Years of Zen as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator.
Severability
If any clause within this Provision is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.
Continuation
This Provision shall survive the termination of your account or other relationship with 40 Years of Zen. Notwithstanding any provision in this Agreement to the contrary, we agree that if 40 Years of Zen makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require the 40Y Parties to adhere to the language in this Provision if a Dispute between you and the 40Y Parties arises.
13. GOVERNING LAW
These Terms shall be governed by the laws of the State of Texas, without regard to conflict of law principles.
14. TERMINATION
The provisions relating to Intellectual Property, Disclaimers and Limitation of Liability, Indemnification, Dispute Resolution and Arbitration; Applicable Law, and Typographical Errors shall in all events survive any termination of any termination of these Terms.
14. CONTACT INFORMATION
For questions regarding these Terms, please contact us at: info@40yearsofzen.com