Effective as of: July 20, 2023
By using the Zone Services you acknowledge having read, understood and agree to be bound by these Terms, and you agree to comply with all applicable laws and regulations in your use of the Zone Services, including U.S. export and re-export control laws and regulations. The Zone Services, including all Content incorporated therein, are protected by law, including, but not limited to, United States copyright law and international treaties.
These Terms are between you and Zone School of Healing, LLC, 725 Cool Springs Blvd., Suite 600 • Franklin, Tennessee, 37067
Age and eligibility requirements
BY USING THE ZONE SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. Additionally, in order to use the Zone Service and access any Content, you represent that you reside in the United States, and any registration and account information that you submit to Zone is true, accurate, and complete, and you agree to keep it that way at all times.
2. LICENSE AND ACCESS TO THE ZONE SERVICES
Zone provides numerous Zone Services options. Certain Zone Services options are provided free of charge, while other options require payment before they can be accessed. Zone may also offer special promotional plans, memberships, or services, including offerings of third-party products and services – Zone is not responsible for the products and services provided by such third parties.
Full access to certain Zone Services is available only to individuals for whom access has been purchased or otherwise granted by Zone via Zone’s online order form on their own behalf (“Paid Membership”). Certain Paid Membership options may include ongoing services and/or services offered for a Prepaid Period.
Paid Membership License
For Zone Services licensed on a Paid Membership term basis, subject to your compliance with these Terms (including any other applicable terms and conditions), Zone grants you a limited, non-exclusive, revocable, non-transferable, perpetual (except as set forth herein) license for the personal, non-commercial use of the applicable Zone Services and Content solely for the Permitted Use. Your access shall remain in effect unless and until terminated by you or Zone. You agree that you will not redistribute or transfer the Zone Service or the Content. The Zone Services and Content are licensed, not sold or transferred to you, and Zone and its licensors retain ownership of all copies of the Zone Services and Content even after you purchase a Paid Membership.
Trial User License
Zone may, in its sole discretion, grant you with access to certain Zone Services for a limited preview or trial period in order for you to preview and evaluate certain Zone Services before the purchase and/or adoption of the applicable Zone Services (“Trial Access”). If you received Trial Access to any Zone Services, then Zone grants you the non-transferable, nonexclusive, limited license to access and use the applicable Zone Services during the specified trial period on a single-user computer for the sole purpose of evaluating the applicable Zone Services, subject to the terms and conditions of these Terms. If you are granted Trial Access and decide not to licensee access to the Zone Services at the end of such period designated by Zone for your Trial Access, your authorization to access and to use the applicable Zone Services automatically terminates and you must immediately discontinue use of any applicable Zone Services.
You agree not to give or make available your username, password, access code or other authentication method (including without limitation, your email address or Internet Protocol address, if applicable) used to access your account to any third parties. You remain responsible for all access to the Zone Services via your username, password, access code, or other authentication method, even if not authorized by you. If you believe that your username, password, access code, or other authentication method used to access your account has been lost or stolen or that an unauthorized person has or may attempt to use the Zone Services, you must immediately notify Zone at firstname.lastname@example.org. Access code(s), password(s) or other authentication are valid only in the country in which issued.
Third Party Material
The Zone Services may be integrated with, or may otherwise interact with, third-party applications, websites, and services (“Third-Party Applications”) and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices (“Devices”). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Zone does not guarantee that Third-Party Applications and Devices will be compatible with the Zone Service. In the event of changes in the terms applicable to such Third-Party Applications and Devices, Zone reserves the right to terminate access to any Third-Party Applications and Devices, remove any Third-Party Applications and Devices from the Zone Services, modify the Third-Party Applications and Devices accessible hereunder, or add additional terms and conditions applicable to such material, in each case effective immediately upon notice being made reasonably available to you. In the event of any conflict between the terms hereof and the terms governing the Third-Party Applications and Devices, the terms governing the Third-Party Applications and Devices will control.
Updates and Discontinuation
Zone may update, modify, or replace the Zone Services, including any Content available therein, from time to time. Zone reserves the right to discontinue offering access to any Zone Services, or a portion thereof, through any or all websites or platforms at any time for any reason, without notice or liability to you. For example:
- The Zone Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
- Zone may modify, suspend, or stop (permanently or temporarily) providing all or part of the Zone Services (including particular functions, features, subscription plans, and promotional offerings).
- Zone has no obligation to provide any specific content through the Zone Services, and Zone or the applicable owners may remove particular videos and other Content without notice.
- If you have paid fees directly to Zone for a Paid Membership that Zone permanently discontinues prior to the end of your Prepaid Period (as that term is defined in the “Payments and Cancellation” section below), Zone will refund you the prorated portion of the prepaid fees for the Prepaid Period after such discontinuation. Your account and billing information must be up to date in order for us to refund you.
- Zone has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other Zone Services outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.
- The members involved hereby agree to ensure adherence to the following benchmarks:
- 100% Progress Foundational Videos: Commitment to achieving full completion of foundational videos within the specified timeframe.
- 8 hours of 33 hours Progress in Training Library: Dedication to achieving comprehensive progress in the Training Library, aiming for complete coverage within the stipulated duration.
- 100% Progress Ft. Lauderdale: Undertaking to achieve complete progress in the designated Portland area, meeting all outlined criteria.
- Attended 4 out of 8 Q&A Calls: Agreement to actively participate in a minimum of four out of eight scheduled Q&A calls, demonstrating commitment to interactive learning and engagement.
Termination of Access.
These Terms will continue to apply to you until terminated by either you or Zone. Zone may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Zone Service at any time if we believe you have breached any of these Terms, if we stop providing the Zone Services or any material component thereof, or as we believe necessary to comply with applicable law. If you or Zone terminate these Terms, or if Zone suspends your access to the Zone Services, you agree that Zone shall have no liability or responsibility to you, and (except as expressly provided in these Terms) Zone will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the Zone Services.
3. PAYMENTS AND CANCELLATION
You may purchase a Paid Membership directly from Zone by paying a membership fee plus applicable taxes as disclosed to you prior to your purchase through Zone’s online order form (Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge). Some of the Paid Membership options include the ability to purchase certain prepaid services offered during a set term (“Prepaid Period”), which may be subject to a refund if not offered or where modified by Zone. NO REFUNDS EXCEPT WHERE REQUIRED BY LAW.
Price and Tax Changes
Zone may from time to time make changes to Paid Memberships and will communicate any price changes to you in advance. By continuing to use the Zone Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Membership prior to the price change going into effect. Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
You may cancel your Paid Membership by providing Zone with written notice, by canceling your account, or by discontinuing use of the Zone Services. Zone does not provide refunds or credits, except as expressly stated in these Terms. Zone. In its sole discretion, Zone may elect to offer you a refund or partial refund if you are not satisfied with the Paid Membership and can demonstrate, to Zone’s satisfaction, that you have made every attempt to meet the expectations of the applicable Zone Services.
4. PROPRIETARY RIGHTS AND USE OF THE ZONE SERVICES
No provision of these Terms conveys any ownership interest to you in or to any of the Zone Services or Content, including site design, text, graphics, interfaces, and the selection and arrangements thereof, in whole or in part, and, except for the express licenses herein, all intellectual property rights, including copyright, patent, trademark and trade secret, are retained by Zone, its affiliates, licensors, and collaborators, all rights reserved. The trademarks, service marks, trade names, and logos, including, but not limited to, page headers, custom graphics, button icons, and scripts (collectively, the “Trademarks”) used and displayed on the Zone Services are registered and unregistered trademarks, service marks and/or trade dress of Zone, its affiliates, licensors, and collaborators, and you many not copy, imitate or use the Trademarks, in whole or in part, for any purpose. No license or other right to use any Trademark used or displayed on the Zone Services is granted to you, and these Terms do not grant you any rights to use any Trademarks whether for commercial or non-commercial use.
Your access to and/or use of any current or future Zone Services may be subject to and require your acceptance of additional terms and conditions, including (i) terms and conditions governing access to and use of the applicable platform(s), and (ii) terms and conditions governing use of any Third Party Applications and Devices that may be incorporated into the Zone Services, as made available by Zone from time to time, in electronic or print form.
Enforcement of Rights
You hereby grant to Zone, its affiliates, licensors, and collaborators the right to enforce or assert on their own behalf the provisions of these Terms.
As used herein, “Permitted Use” means the limited purposes for which you may use the Zone Services, as follows:
- If you work as a medical service provider, you may use the Zone Services in the course of your professional and related administrative work.
- If you are a current student, are on the faculty, or are otherwise employed by an academic institution, you may use the Zone Services for education and research (i.e., non-commercial) purposes.
- You may access and use the Zone Services solely for your own personal, non-commercial use.
Restrictions on Use
You shall not (a) use, or permit the use of, the Zone Services except in accordance with the terms of these Terms; (b) download or print in whole or in substantial part the Zone Services; (c) modify, translate, reverse engineer, decompile, disassemble, create derivative works of, or otherwise attempt to derive or alter any source code of the Zone Services or any underlying software; (d) copy or permit the copying of the Zone Services, other than copying in accordance with the Permitted Use; (e) use the Zone Services to provide service bureau, time sharing, or similar services to third parties; (f) distribute, sublicense, sell, assign, transfer, rent, lease, pledge, or encumber the Zone Services; (g) permit access to the Zone Services to any other person; or (h) alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing in the Zone Services. Redistribution of the Zone Services for any purpose is strictly prohibited. Any use or attempted use of the Zone Services or Content other than as specifically authorized herein, without the express prior written permission of the Zone is strictly prohibited and will, among other things, terminate these Terms and all licenses granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws. Except for the express licenses granted herein, nothing in these Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. Upon any termination of your right to access any particular Zone Services, you must destroy, as applicable, all copies of any Content from the Zone Services for which access was terminated.
5. ADDITIONAL OBLIGATIONS
Compliance with Laws
You shall comply with all applicable federal, state or provincial, and local laws, rules, and regulations in conjunction with your access to and use of the Zone Services pursuant to these Terms.
No Competitive Zone Services
Under no circumstances shall you use the Zone Services or information contained therein or results derived therefrom to develop any products or services which could be competitive with the Zone Services or any other products or services provided by Zone.
Any access or attempt to access for any reason areas of the Zone computer system or other information thereon is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Zone Services in whole or in part. you will not spam or send unsolicited e-mail to any other user of the Zone Services for any reason. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Zone Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Zone’s infrastructure.
6. LINKS AND CONTENT UPLOADS
The Zone Services may also provide links to third party web pages and such links to third party websites on the Zone Services are provided solely as a convenience to you. If you use these links, you will leave the Zone Services. Zone has not reviewed these third party websites and does not control and is not responsible for any of these third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. Zone does not endorse or make any representations about third party websites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Zone Services, you do so entirely at your own risk. You acknowledge and agree that Zone shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such third party websites.
Ownership of Content Uploads
The Zone Services may provide functionality that allows you to upload content that may include information, text, images, audio, video, and any other content (“User Content”) for the public posting, viewing and sharing of User Content with others. You retain ownership to User Content that you submit for inclusion into the Zone Services. However, by submitting User Content, you hereby grant Zone and its affiliates the worldwide, royalty-free, non-exclusive, sub-licensable and transferable right and license to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Zone and its affiliates all licenses, consents and clearances to enable Zone to use User Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in User Content. If the Online Service on which you contribute User Content permits other users to access and use User Content as part of the Online Service, then you also grant all other users of the Online Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute User Content on or through the Online Service without further notice, attribution or compensation to you. you may not upload or post any content on the Zone Services that infringes the copyright, trademark, or other intellectual property rights of a third party nor may you upload any content that violates the law, these Terms and/or any third party’s right of privacy or right of publicity. By posting any of User Content on the Zone Services, you represent and warrant that you have the lawful right to distribute and reproduce User Content. You are solely responsible for creating backup copies of and replacing any of User Content you post or store on or through the Zone Services at your sole cost and expense.
Content Upload Restrictions
You are solely responsible for any of User Content that you submit, post or transmit via the Zone Services. You may not post or submit any of User Content that:
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- contains nudity, sexually explicit content, drug use, violence or other offensive subject matter;
- is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or person;
- solicits personal information from anyone under 18 years old or exploits images or the likeness of individuals under 18 years old;
- makes use of offensive language or images;
- includes a photograph of another person that you have posted without that person’s consent;
- promotes an illegal or unauthorized copy of another person’s copyrighted work;
- promotes any criminal activity or enterprise or provides instructional information about illegal activities;
- involves commercial activities and/or sales without our prior written consent such a contests, sweepstakes, barter, advertising or pyramid schemes or provides a link to any commercial websites (including without limitation, a link to an adult website); or
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
This list of prohibitions provides examples and is not complete or exclusive.
Monitoring of Content Uploads
Zone shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all User Content, and may remove or require you to remove any or all User Content that Zone, in its sole discretion, deems to be a violation of these Terms, or is offensive, inappropriate, illegal or harm or threaten the safety of any person. In addition, Zone has the right to remove User Content if Zone has reason to believe that displaying such content may infringe the rights of a third party or subject Zone to expense or liability. You acknowledge and agree that Zone shall not assume or have any liability for any action or inaction by Zone with respect to any User Content.
Use of User Content and Other Information
By using the Zone Services, you agree Zone may store the information you provided as part of the registration process and use aggregate statistical information about your usage of the Zone Services for any purpose, including commercial use and use in improving and marketing its products and services. In addition, you further agree Zone may share such aggregate statistical information about your usage of the Zone Services with its affiliates, licensors, collaborators, service providers, and other third parties, in Zone’s sole discretion.
The Zone Services may contain areas where you are encouraged to communicate with Zone, including, providing commentary, testimonials, and/or additional information concerning the Zone Services. By communicating with Zone on or about the Zone Services, you grant Zone a perpetual, non-exclusive, royalty-free worldwide license to publish your communications on the Zone Services, use such commentary in any promotion of the Zone Services and to attribute the communications to the name and/or entity associated with such communication. You further represent and warrant that you own all rights to the communication and that such communication does not infringe upon or otherwise violate the rights of any third party. Zone has the right, but not the obligation (except as otherwise required by law), not to post or, in the alternative, to remove any communication from the Zone Services and/or to remove any user or prevent further communication by any user, at Zone’s sole discretion, which is defamatory, offensive, or otherwise objectionable, which infringes the rights of any third parties or which fails to comply with these Terms. Any user who infringes the rights of third parties may be denied access to the Zone Services to post information of any kind. you acknowledge and agree that Zone may preserve communications and disclose communications if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to any claims that any communication violates the rights of third parties; or (d) protect the rights, property, or personal safety of Zone, its users and/or the public.
As part of the Zone Services you may be invited to appear (i.e., name, image, voice and likeness) in video content broadcast live or other made available to third parties (collectively, the “Videos”). In the event you agree to participate and appear in any Videos, you hereby grant Zone a perpetual, royalty-free, worldwide, nonexclusive, non-terminable license to use your name, image, voice and likeness in connection with the Video via distribution across the Zone Services in any media now know or in the future invented. Further, you waive any claim you may have against Zone or its agents, affiliates and assigns as a result of your appearance in the Videos. For purposes of clarity, you are not required to participate or appear in any Videos.
7. No Warranty; Disclaimer
THE ZONE SERVICES HEREUNDER, INCLUDING ANY CONTENT THEREIN, OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH ARE FURNISHED BY ZONE AND ACCEPTED BY YOU “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. ZONE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ZONE SERVICES HEREUNDER, INCLUDING ANY CONTENT THEREIN, OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZONE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATED TO THESE TERMS, THE ZONE SERVICES, THE CONTENT, OR THE RESULTS DERIVED THEREFROM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES REGARDING ACCURACY, QUALITY, CORRECTNESS, COMPLETENESS, COMPREHENSIVENESS, CURRENCY, SUITABILITY, SYSTEM AVAILABILITY, COMPATIBILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR OTHERWISE (IRRESPECTIVE OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE). NO Zone EMPLOYEE OR AGENT IS AUTHORIZED TO MAKE ANY STATEMENT THAT ADDS TO OR AMENDS THE WARRANTIES OR LIMITATIONS CONTAINED IN THESE TERMS. IN ADDITION, YOU ACKNOWLEDGE THAT ACCESS TO THE ZONE SERVICES, AND THE CONTENT THEREIN MAY BE SUBJECT TO LIMITATIONS, DELAYS, LATENCY ISSUES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND THAT ZONE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.
THE ZONE SERVICES (INCLUDING THE CONTENT THEREIN) ARE NO SUBSTITUTE FOR INDIVIDUAL PATIENT ASSESSMENT BASED UPON A HEALTHCARE PROFESSIONAL’S EXAMINATION OF EACH PATIENT AND CONSIDERATION OF, AMONG OTHER THINGS, AGE, WEIGHT, GENDER, CURRENT OR PRIOR MEDICAL CONDITIONS, MEDICATION HISTORY, LABORATORY DATA AND OTHER FACTORS UNIQUE TO THE PATIENT. WHILE THE ZONE SERVICES MAY DESCRIBE VARIOUS BASIC PRINCIPLES OF DIAGNOSIS, THE ZONE SERVICES SHOULD BE USED AS GENERAL MEDICAL REFERENCE MATERIALS TO ASSIST THE HEALTHCARE PROFESSIONAL REACH DIAGNOSTIC AND TREATMENT DECISIONS, BEARING IN MIND THAT INDIVIDUAL AND UNIQUE CIRCUMSTANCES MAY LEAD THE YOU TO REACH DECISIONS NOT REPRESENTED IN THE ZONE SERVICES. YOU SHOULD EXERCISE YOUR OWN INDEPENDENT PROFESSIONAL AND CLINICAL JUDGMENT, TAKING INTO ACCOUNT SPECIFIC INFORMATION ABOUT PARTICULAR INDIVIDUAL PATIENTS THAT CANNOT BE ASCERTAINED OR TAKEN INTO ACCOUNT AS A PART OF NECESSARILY GENERIC OR SUMMARY ZONE SERVICES. NO REFERENCED OR SUGGESTED TEST, PROCEDURE OR RESPONSIVE ACTION SHOULD BE DIRECTED OR UNDERTAKEN UNLESS, IN YOUR PROFESSIONAL JUDGMENT, ITS USE IS MEDICALLY APPROPRIATE FOR THE INDIVIDUAL PATIENT IN THE PARTICULAR CIRCUMSTANCES. YOU ARE SOLELY RESPONSIBLE FOR THE USE OF ANY CONTENT CONTAINED IN THE ZONE SERVICES, AND YOU ARE RESPONSIBLE FOR INDEPENDENTLY REACHING ANY MEDICAL JUDGMENT AND FOR ANY RESULTING DIAGNOSIS AND TREATMENTS, NOTWITHSTANDING ANY USE OF THE ZONE SERVICES OR THE CONTENT CONTAINED THEREIN BY YOU.
GIVEN CONTINUOUS, RAPID ADVANCES IN MEDICAL SCIENCE AND HEALTH INFORMATION, INDEPENDENT PROFESSIONAL VERIFICATION OF MEDICAL DIAGNOSES, INDICATIONS, APPROPRIATE PHARMACEUTICAL SELECTIONS AND DOSAGES, AND TREATMENT OPTIONS SHOULD BE MADE AND YOU SHOULD CONSULT A VARIETY OF SOURCES. WHEN PRESCRIBING MEDICATION. YOU ARE ADVISED TO CONSULT THE PRODUCT INFORMATION SHEET (THE MANUFACTURER’S “PACKAGE INSERT”) ACCOMPANYING EACH DRUG TO VERIFY, AMONG OTHER THINGS, CONDITIONS OF USE, WARNINGS AND SIDE EFFECTS AND IDENTIFY ANY CHANGES IN DOSAGE SCHEDULE OR CONTRADICTIONS, PARTICULARLY IF THE MEDICATION TO BE ADMINISTERED IS NEW, INFREQUENTLY USED OR HAS A NARROW THERAPEUTIC RANGE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NO RESPONSIBILITY IS ASSUMED BY ZONE FOR ANY INJURY AND/OR DAMAGE TO PERSONS OR PROPERTY, AS A MATTER OF PRODUCTS LIABILITY, NEGLIGENCE LAW OR OTHERWISE, OR FROM ANY REFERENCE TO OR USE BY YOU OF ANY OF THE ZONE SERVICES
CERTAIN CONTENT CONTAINED IN THE ZONE SERVICES IS BASED ON UNITED STATES OF AMERICA STANDARDS, QUALITY MEASURES, OUTCOMES, AND SCOPE OF PRACTICE FOR HEALTHCARE PROFESSIONALS. SINCE EVERY COUNTRY AND STATE/PROVINCE HAVE THEIR OWN STANDARDS, QUALITY MEASURES, AND SCOPE OF PRACTICE FOR HEALTHCARE PROFESSIONALS, PLEASE CONSULT THE CORRESPONDING INFORMATION PERTINENT FOR YOUR LOCATION.
LIMITATION OF LIABILITY
YOU AGREE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE ZONE SERVICE IS TO UNINSTALL AND TO STOP USING THE ZONE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZONE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ZONE SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER ZONE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE ZONE SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO ZONE DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR (B) $30.00.
For clarification, these Terms do not limit Zone’s liability for fraud, fraudulent misrepresentation, death, or personal injury to the extent that applicable law would prohibit such a limitation.
YOU ACKNOWLEDGE THIS LIMITATION OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS ARE AN ESSENTIAL ELEMENT TO MAKING THE ZONE SERVICES AVAILABLE UNDER THESE TERMS, AND THEREFORE THIS LIMITATION OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF SUCH REMEDIES ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. YOU ACKNOWLEDGE, ABSENT YOUR AGREEMENT TO THIS LIMITATION, ZONE AND ITS LICENSORS WOULD NOT PROVIDE THE ZONE SERVICES AND THE CONTENT ACCESSIBLE THEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND OR FILING AN INDIVIDUAL ACTION AS SPECIFIED UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
You agree to defend, indemnify and hold harmless Zone, its affiliates, licensors, and collaborators, and any of their respective officers, directors, employees, subcontractors, agents, successors, assigns, affiliates or subsidiaries, from and against any and all claims, causes of action, lawsuits, liabilities, proceedings, losses, damages, costs and expenses (including reasonable legal and accounting fees) arising out of, connected with or resulting in any way from (i) your use of the Zone Services; (ii) your violation of these Terms or any applicable law; (iii) your negligence or willful misconduct; (iv) incomplete or inaccurate information or data provided by you; (v) unauthorized use of any Content; or (vi) any of User Content uploaded or posted to the Zone Services. Zone reserves the right, at its discretion, to assume or participate, at your expense, in the investigation, settlement and defense of any action or claim to which it is entitled to indemnification. No claim shall be settled without Zone’s prior written consent unless such settlement includes a complete release of Zone, its affiliates, licensors, and collaborators from all liability and does not contain or contemplate any payment by, or injunctive or other equitable relief binding upon, Zone, its affiliates, licensors, and collaborators. you acknowledge and agree that there can be no adequate remedy at law to compensate Zone, its affiliates, licensors, and collaborators for the breach of the intellectual property protection provisions of these Terms; that any such breach would result in irreparable harm to Zone, its affiliates, licensors, and collaborators that would be difficult to measure; and, therefore, that upon any such breach or threat thereof, Zone, its affiliates, licensors, and collaborators shall be entitled to injunctive and other appropriate equitable relief (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies may be available at law
9. GENERAL PROVISIONS
You may not assign these Terms in whole or in part, without the prior written consent of Zone. Zone may freely assign these Terms to any affiliate or successor of Zone or in connection with any sale transaction or change of control transaction involving any of the Zone Services and may delegate its duties, in whole or in part, in each case without your consent. An assignee of either party authorized hereunder shall be bound by the terms of these Terms and will have all of the rights and obligations of the assigning party set forth in these Terms. If any assignee refuses to be bound by all of the terms and obligations of these Terms or if any assignment is made in breach of the terms of these Terms, then such assignment shall be null and void and of no force or effect.
These Terms and any other document expressly referenced herein, constitutes the complete and exclusive statement of the agreement of the parties with respect to the subject matter hereof and supersedes all prior proposals, understandings, and agreements, whether oral or written, between the parties with respect to the subject matter hereof. You acknowledge there were no representations or promises made by Zone on which you have relied in entering into these Terms that are not expressly stated herein.
The Zone Services are controlled and operated from within the United States. Without limiting any provisions of these Terms, Zone makes no representation that the Zone Services are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Zone Services from other locations do so of their own volition and are responsible for compliance with applicable laws.
Customer Support, Information, Questions, and Complaints
For customer support with account- and payment-related questions or if you have any questions concerning the Zone Services or these Terms, please contact zone at email@example.com. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the Zone Services or to receive further information regarding use of the Zone Services.
Those terms which by their nature are intended to survive termination or cancellation of these Terms, shall survive.
You acknowledge and agree the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, (1) these Terms are not intended to grant rights to anyone except you and Zone; and (2) in no event shall these Terms create any third-party beneficiary rights.
If you have downloaded any of our mobile software applications (each, an “App”) from the Apple Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Zone only, not with Apple, and Apple is not responsible for the Zone Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Zone Service. In the event of any failure of the Zone Service to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Zone Service. Apple is not responsible for addressing any claims by you or any third party relating to the Zone Service or your possession or use of the Zone Service, including: (1) product liability claims; (2) any claim that the Zone Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Zone Service or your possession and use of the App infringe that third party’s intellectual property rights. you agree to comply with any applicable third-party terms, when using the Zone Service. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
About These Terms
Under applicable law, you may have certain rights that can’t be limited by a contract. These Terms are in no way intended to restrict those rights.
Zone may make changes to these Terms from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable Zone Services (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other prominent notice within the Zone Service, or other means). Your use of the Zone Services following any changes to these Terms will constitute your acceptance of such changes. If you have a Paid Membership and do not wish to continue using the Zone Services under the updated Terms you must close your Zone account and discontinue use of the Zone Services.
These Terms shall be governed by and interpreted in accordance with the laws of the United States and the State of Tennessee, without giving effect to the conflicts of law provisions thereof and excluding the United Nations Convention for Contracts for the International Sales of Goods. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts of the Davidson County, Tennessee for any litigation or disputed arising out of or related to these Terms, (ii) agree not to commence any litigation arising out of or related to these Terms except in the state or federal courts in Davidson County, Tennessee, and (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum. EACH PARTY HEREBY WAIVES ITS RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE OR LEGAL PROCEEDING ARISING OUT OF THESE TERMS OR THE SUBJECT MATTER HEREOF.
If any provision of these Terms or its application to particular circumstances is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision (or its application to those circumstances) shall be deemed stricken and the remainder of these Terms (and the application of that provision to other circumstances) shall continue in full force and effect insofar as it remains a workable instrument to accomplish the intent and purposes of the parties; the parties shall replace the severed provision with the provision that will come closest to reflecting the intention of the parties underlying the severed provision but that will be valid, legal, and enforceable.
No purported waiver by any party of any default by any other party of any term or provision contained herein (whether by omission, delay or otherwise) shall be deemed to be a waiver of such term or provision unless the waiver is in writing and signed by the waiving party. No such waiver shall in any event be deemed a waiver of any subsequent default under the same or any other term or provision contained herein.