Terms of Service

Effective Date: June 12, 2019 


Introduction


This Web site is owned and operated by ZENB US, Inc. or one of its affiliates (collectively “ZENB,” “we,” “us” or “our”). These Terms of Service apply to our Web site and any other site that posts a link to this page (collectively, the “Site”). By accessing our Site, you consent to these Terms of Service (“Terms”) and our collection, use and sharing of your information as described in our Privacy Policy, Cookie Privacy Policy or any other terms linked to in these Terms. If you do not agree to these Terms, our Privacy Policy, or Cookie Privacy Policy, please exit our Site. If you have any questions regarding our policies or your use of our Site, please contact us by e-mail at support@zenb.com or by mail to: ZENB US, INC., 950 W Fulton Market, Suite A, Chicago, IL 60607.


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. THEY APPLY TO ALL USERS OF THE SITE, REGARDLESS OF WHETHER THEY REGISTER WITH THE SITE.


You are responsible for ensuring that information you provide in connection with any registration at the Site is accurate and up to date. You may change or edit your information at our Site by logging into your registered account. 


Ownership of Site Content


Unless otherwise noted, all photographs, pictures, graphics, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio, along with the layout and design of the Site and all documentation, data, services, features, products and other content at the Site (collectively, “Site Content”) are protected by the copyright laws of the United States and other jurisdictions. All Site Content is owned by, or licensed to, ZENB. Site Content may not be reproduced, modified, redistributed or otherwise used in any way without an express written license with the applicable Site Content owner.


Use of Site Content 


You are hereby granted a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Site Content found at this Site for your personal, non-commercial and educational use only.


Reservation of Rights 


All rights not expressly granted by ZENB herein are reserved. Nothing on the Site or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Site Content or other materials of any third party, or may be construed to mean that ZENB has the authority to grant any license on behalf of any third party. 


ZENB Trademarks


ZENB trademarks, including the trademarks “ZENB US, Inc.,” “ZENB LIFE” the ZENB logo, all page headers, graphics, images, symbols, trade names and other ZENB marks found at the Site are the proprietary property of ZENB (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of ZENB. 


Third Party Trademarks 


The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the these trademarks, nor may anything be construed to mean that ZENB has authority to grant any right or license on behalf of any third-party trademark owner.


Restrictions, Limitations and Conditions of Use 


Any unauthorized use of our Site or Site Content for any purpose is prohibited. Your rights to this Site are given on the condition that you use the Site in accordance with these Terms. You may not use the Site for any unlawful purpose and you may not participate in any of the following:


(1) access, solicit, collect or use any personally identifying information about any other users of the Site or anyone else;


(2) restrict or inhibit others from using the Site;


(3) transmit to or introduce at the Site any viruses, harmful software, or other modifications or changes to the Site or reverse engineer, decompile, disassemble, reverse assemble or modify any Site source or object code or any software or other services or processes accessible through any portion of the Site or Site Content;


(4) submit, upload, email or otherwise transmit any content or other materials, to or through the Site which (a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others, or (c) has an advertising, political marketing, promotional or other commercial purpose;


(5) engage in any activities that interfere with another user’s access to the Site or the proper operation of the Site; or


(6) distribute or copy any Site Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Site Content; or use content from our Site in a manner that suggests an unauthorized association with any of our or our licensor’s products, services or brands.


ZENB has no obligation to monitor your interaction with the Site, but reserves the right to review or monitor the Site and any user submissions in its sole discretion.


Creating and Terminating Accounts 


Some of the features on the Site may permit you to register for an account through an online registration process. When you register for an account, you will select login credentials and you agree that: 


(1) You will not use a username (or e-mail address) that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other right of any person or entity or that is offensive; 


(2) You will provide true, accurate, current and complete registration information about yourself during any registration process and will update it as needed to keep it accurate;


(3) You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights;


(4) You are solely responsible for all activities that occur under your account, password and username whether or not you authorize the activity; and 


(5) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password protected portion of our Site using your name, username, or password. 


We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in this section. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or violates these Terms, or any applicable law, we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits all in our sole discretion, for any reason, and without advance notice or liability.


Sweepstakes, Contests and Similar Promotions 


Any sweepstakes, contest or similar promotion made available through our Site may be governed by rules specific to that contest, sweepstake or other promotion. By participating in any such sweepstakes, contest or promotion, you agree to be governed by those rules, which may vary from these Terms. Please read carefully the applicable rules for any of our sweepstakes, contests or promotions.


Returns


Returns of any products purchased on our Site are subject to our Return Policy.


Links to Other Sites


In using the Site, you may find that ZENB provides hyperlinks to one or more third-party Web sites (the “Linked Sites”). ZENB provides these links as a convenience for you and other users but is not responsible for the content of, or links to and from, the Linked Sites. Your linking to these Linked Sites is at your own risk. We encourage you to read the terms and conditions and similar privacy policies of the respective Linked Sites, should you choose to visit them since your use of those Linked Sites will be subject to their terms of use and privacy policies. A link from the Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices by ZENB.


Disclaimer, Limitation of Liability, and Indemnification


The materials, Site Content and services offered on the Site are provided “AS IS” and without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose. We do not warrant that the use of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server(s) that make it available or any advertised or hyperlinked site are free of viruses or other harmful components or that the Site, server(s), or advertised or Linked Sites will be accessible at all times. We do not warrant or make any representations regarding the use of the Site or any information contained therein, including Site Content, with respect to correctness, accuracy, availability, reliability, graphics, links or otherwise. You assume the entire cost of all necessary servicing, repair or correction to any equipment you use to access the Site. To the extent that applicable law may not allow the exclusion of implied warranties, the above exclusions may not apply to you.


Documents, information, product descriptions, graphics and other materials appearing on the Site may include technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of such documents, information, product descriptions, graphics or other materials is at your own risk.


You waive any and all claims and rights against us and our affiliates, parents, and successors and each of our employees, assignees, officers, agents and directors (the“ZENB Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, or person, to the maximum extent permitted by applicable law. None of the ZENB Parties will be liable to you under any cause of action, for any direct, indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption. You hereby agree to indemnify the ZENB Parties from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from your use of the Site or any breach of these Terms by you.


SEE SECTION ENTITLED EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.


Ability to Accept Terms


You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forthin these Terms, and to abide by and comply with these Terms. The Site is not intended for children under the age of eighteen (18). If you are under 18 years of age, then please exit now and do not use this Site.


Data Processed in the United States


ZENB processes data in the United States. Please review our Privacy Policy for additional information on your rights regarding personal information collected on the Site and the transfer of such data into the United States from other countries. 


SEE SECTION ENTITLED EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.


Choice of Law and Forum


These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. 


SEE SECTION ENTITLED EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.


Waiver of Right to Jury Trial


IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THESE TERMS OR WITH RESPECT TO YOUR USE OF THE SITE OR THE SUBJECT MATTER THESE TERMS, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY TO THE FULL EXTENT PERMITTED BY LAW. 


Arbitration


In case of any disputes between us that cannot be resolved through informal discussions, such dispute arising in connection with the Terms and your use of the Site shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association(“AAA”). The parties shall mutually agree on one (1) arbitrator to settle any dispute within ten (10) days of receipt of notice by a party from the other party of the desire to arbitrate. If the parties fail to select an arbitrator within such 10-day period, the arbitrator shall be chosen by the AAA. A reasoned arbitration decision shall be rendered in writing no later than sixty (60) days after the selection of the arbitrator and any such decision shall be final and binding on the parties. You and we also both agree not to disclose the contents of the arbitrator’s decisions related to the arbitration to anyone (except as required by law or for the purposes of enforcement or appeal of the arbitration award). 


Arbitration will cover all disputes and claims regarding these Terms, including tort claims, direct claims, or indirect claims. The arbitrator can issue rulings on any substantive or procedural issues arising in the dispute, including the scope of the dispute. This arbitration clause will continue to be valid even if these Terms are no longer valid for some reason.


If you have a claim or dispute, you must contact us first, so we can try to resolve the matter. You agree to give us 60 days to try to resolve the dispute before requesting arbitration. 


If you and we have to participate in arbitration of disputes between us, the situs of such arbitration shall be Chicago, Illinois. The arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class-wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. Each party shall pay its own costs and expenses (including attorneys’ fees) for such arbitration.


There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). 


SEE SECTION ENTITLED EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.


Class Action Waiver


Any arbitration will be on an individual basis. By using these Site, you agree that you cannot make “class action” claims. Unless both you and we agree, the arbitrator cannot group claims together.


Statute of Limitations


Any legal action, arbitration or other proceeding against ZENB related to the use of this Site or these Terms shall be barred and forever waived unless commenced in an arbitration or other proceeding within one (1) year after the date when the cause of action first arises (or if multiple causes, from the date the first such cause arose).


Severability and Enforceability


If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforce ability of any other provisions or portions of these Terms.


SEE SECTION ENTITLED EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.


Termination/Exclusion 


We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing the Site for any reason or for no reason whatsoever including improper use of the Site or failure to comply with these Terms, and to take any other action we deem appropriate.


User Suggestions 


You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to ZENB through the Site are not confidential and you grant us a worldwide, perpetual, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. ZENB shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.


Changes to Terms


We may revise these Terms at any time, with or without notice, by updating this page, and such revisions will be effective upon posting to this page. Please check these Terms periodically for any changes. Your continued use of the Site following the posting of any revisions to these Terms will mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the Site, including your access to it. Unless explicitly stated, any new features will be subject to these Terms. 


General


We may assign, novate or subcontract any or all of our rights and obligations under these Terms at any time.


If you have any questions or comments on the Site or become aware of misuse of the Site by any person, please contact us at: ZENB US, INC., 950 W Fulton Market, Suite A, Chicago, IL 60607.


Exclusions and Limitations; Consumer Protection Notice


If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. Certain states, like New Jersey, have heightened consumer protection laws that may make certain terms within these Terms inapplicable to you. Specifically, if you are a New Jersey consumer, the terms of certain Sections, including those entitled Disclaimer, Limitation of Liability, Indemnification; Choice of Law and Forum; Severability and Enforceability; and Data Processed in the United States do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms as applied to you are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. No provision of these Terms shall limit or waive your rights as a consumer under the law of your state of residence. In any event, ZENB reserves all rights, defenses and permissible limitations under the law of your state of residence.


Entire Agreement


These Terms, together with the Privacy Policy and the Cookie Privacy Policy, and any other documents or policies referenced herein constitute the entire agreement between you and ZENB regarding the use of the Site and the content and services provided on this Site, superseding any prior agreements between you and ZENB relating to the subject matter hereof. 


Contact Us

If you have any questions regarding these Terms or your use of our Site, please contact us at by e-mail at support@zenb.com or by using the mailing information below:


ZENB US, INC.

950 W Fulton Market

Suite A

Chicago, IL 60607