Effective as of October 1, 2020
SECTION 1: INTRODUCTION & ACCEPTANCE OF TERMS
By accessing ZentasticNews, you agree, (a) that you have received, read and understood these Terms, and that these Terms create a valid and binding agreement, enforceable against you in accordance with the terms listed, (b) to be bound by these Terms and any terms, conditions or other rules, regulations or policies of Company, as each may be amended or supplemented from time to time at our sole discretion without notice, and (c) that your use of the ZentasticNews shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of ZentasticNews. If you do not accept these Terms and all the policies and documents incorporated herein by reference in their entirety, you may not use ZentasticNews.
To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of ZentasticNews, without prior notice to you, by posting a revised version of the Terms and/or a notification about changes made to features or functionality of ZentasticNews. Any revisions to these Terms or changes to ZentasticNews will take effect when a revised version or a notification is posted on ZentasticNews unless otherwise stated. Your continued use of ZentasticNews after the revision date constitutes (a) your acceptance of the most current Terms and/or changes in ZentasticNews and (b) agreement to be bound by any such revised terms and conditions.
If you do not agree with any portion of these Terms, you are prohibited from using or accessing ZentasticNews.
SECTION 2: HOW ZENTASTICNEWS WORKS
ZentasticNews is a free, online curated magazine and news aggregator for coaches, yoga teachers, fitness gurus, nutritionists, healing arts practitioners, personal trainers, health professionals and everyone who cares about integrating our bodies, minds and souls in a positive way. ZentasticNews searches the Internet for the most optimistic, forward-thinking, and entertaining stories related to wellness, fitness, science, and personal health. You are also welcome to contribute by submitting articles to ZentasticNews. We do not endorse or recommend any particular news, article, post, video, or blog shared by any user of ZentasticNews or any third party.
SECTION 3: LICENSE TO USE ZENTASTICNEWS
License. Subject to these Terms, the Company grants you a limited, worldwide, non-transferable, non-sublicensable, revocable and non-exclusive license of the right to use ZentasticNews.
Restricted Uses. The right granted to you under these Terms is subject to the following restrictions:
(a) you shall not sublicense, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit ZentasticNews;
(b) you shall not copy, reproduce, modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of ZentasticNews without our prior written consent;
(c) you shall not access or use ZentasticNews in order to build a similar or competitive service/platform/website;
(d) you shall not engage in or promote anything unlawful, misleading, or fraudulent or for illegal or unauthorized purpose;
(e) you shall not violate or encourage others to violate laws, third-party rights (including the rights of publicity and privacy), or this Agreement; and
(f) you shall not express or imply that any statements you make are endorsed by us, without our prior written consent for each instance.
Moreover, you agree not to use ZentasticNews to:
(a) upload, distribute, or transmit any computer viruses, worms, Trojan horses, malicious code, or any software intended to damage or alter a computer system, mobile device, or data;
(b) retrieve, index, “data mine,” or collect information or data of other users, including their email addresses, (e.g., using any harvesting bots, robots, spiders, or scrapers, site search/retrieval applications, or other manual or automatic devices). Notwithstanding the foregoing sentence, we grant the operators of public search engines permission to use spiders to copy materials from ZentasticNews for the sole purpose of creating publicly available searchable indices of ZentasticNews, but not caches or archives of ZentasticNews. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from ZentasticNews, nor to use the communication systems provided by ZentasticNews for any commercial solicitation purposes, except as expressly provided under this Agreement;
(c) disable, overburden, impair, or otherwise interfere with servers or networks connected to ZentasticNews (e.g., a denial of service attack or a distributed denial-of-service attack);
(d) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of ZentasticNews or servers, computers, databases or networks connected to ZentasticNews (e.g., through password mining);
(e) “frame” or “mirror” any part of ZentasticNews;
(f) restrict or inhibit any other user’s use of ZentasticNews, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of ZentasticNews;
(g) transmit (1) any content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, indecent, violent, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; or (2) any material, non-public information about us without the authorization to do so; and
(h) interfere with another user’s use and enjoyment of ZentasticNews.
Modifications/Updates. We reserve the right, at any time and at our sole discretion, to modify, suspend, or discontinue the operation of ZentasticNews or any part thereof with or without notice. Any of the material on ZentasticNews may be out of date at any given time, and we are under no obligation to update such material. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of ZentasticNews or any part thereof. Any future release, update, or other addition to any functionalities of ZentasticNews shall be subject to the terms and conditions of these Terms.
Ownership. We and our licensors (if any and where applicable) own all right, title and interest, including all patents, copyrights, trademarks, trade secrets and all related intellectual property rights, in and to ZentasticNews. ZentasticNews is licensed to you; this means that ZentasticNews is under no circumstances sold/transferred to you. These Terms do not convey to you any rights of ownership in or related to ZentasticNews. You acknowledge that ZentasticNews, ZentasticNews’ content, and any third-party content accessible through ZentasticNews are protected under laws, including (without limitation) under the United States of America and international copyright laws and treaties. Our name, logo, and other names associated with ZentasticNews belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms. Except as otherwise provided for in this Agreement, you shall not contest or aid in contesting the ownership or validity of any patents, copyrights, trademarks, trade secrets and any other intellectual property rights (as applicable) of us or its third-party licensors in connection with ZentasticNews.
Feedback. In the course of accessing ZentasticNews, you may provide to us comments, suggestions or other feedback on the Platform or Services, as applicable (collectively, “Feedback”). Such Feedback is provided on an “as is” basis with no warranties of any kind and you hereby grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use, modify, and distribute such Feedback in any manner without compensation, or attribution of any kind.
SECTION 4: HOW TO BECOME A CONTRIBUTOR
Contributors. Any ZentasticNews user may become a contributor (“Contributor”) by submitting, via email, news, articles, blogs, photos, audio files, hyperlinks, or other materials (collectively, “Content“) to ZentasticNews. You are solely responsible for the Content you submit to ZentasticNews, including its accuracy, legality, and appropriateness and we do not assume any liability for any Content posted by you or any other ZentasticNews user.
Your Representations and Warranties with Regard to Your Content. By posting or making your Content available via ZentasticNews, you represent and warrant that: (i) you own the Content and/or you have the right to use it and the right to grant us and other users of ZentasticNews the license as provided below; (ii) your creating, uploading, or sharing Content on or through ZentasticNews does not violate or infringe any law, privacy rights, publicity rights, copyrights, trademarks, contract rights or any other intellectual property rights or other rights of any person or entity; (iii) your Content does not and will not promote or contain sexually explicit content or pornography; (iv) your Content does not promote or contain harassing, abusive, inflammatory, violent, hateful, defamatory, or discriminatory content and does not incite hatred against any individual or group; (v) your Content will not be likely to deceive any person; (vi) you will not impersonate any person or misrepresent your identity or affiliation with any person or organization; (vii) your Content will not give the impression that they emanate from or are endorsed by us or any other person or entity, if such endorsement does not exist; (viii) your Content will not involve commercial activities or sales; and (ix) your Content does not contain any computer virus or other malware that could in any way affect the operation of ZentasticNews. We reserve the right to remove any Content found to be infringing one’s copyright or other intellectual property, violates one’s privacy rights, or violating any provisions of these Terms.
Minimum Age Requirements. In order to become a Contributor, you must meet our minimum age requirements or provide us with a verifiable consent from your parent or legal guardian in case you do not meet our minimum age requirements:
- Users accessing ZentasticNews from the European Union and the European Economic Area: must be at least sixteen (16) years of age;
- Users who are residents of and/or accessing ZentasticNews from the United States: must be at least thirteen (13) years of age;
- The rest of the users not falling under any of the previous two categories: must be at least eighteen (18) years of age.
If you do not meet the above-mentioned age requirements, you have to provide us with a verifiable consent from your parent or legal guardian to become a Contributor.
Ownership of Content. You and your licensors (if any) retain any and all of your rights to any Content you submit to ZentasticNews and you and your licensors (if any) are responsible for protecting those rights. We take no responsibility and assume no liability for Content you upload, post, display, or share on or through ZentasticNews.
Licensing your Content to Company. By submitting to us your Content via an online submission form, email, postal mail, or otherwise, you grant the Company an exclusive, irrevocable, worldwide, perpetual, unlimited, freely assignable and sub-licensable, fully paid up and royalty-free license of the right to use, proofread, modify, edit, display, reproduce, translate, distribute, and perform such Content on and off ZentasticNews including, but not limited to, Company’s social media channels, mobile applications, and any other websites owned by the Company (such as ZentasticFit.com). We are and shall be under no obligation (i) to maintain any Content in confidence, (ii) to pay compensation for any Content, or (iii) to respond to any Content.
Copyright/DMCA Policy. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You may not submit any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that any content on ZentasticNews infringes your copyrights, you may submit a notification pursuant to the DMCA by providing our copyright agent with the following information in writing:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company’s designated copyright agent to receive notifications of claimed infringement is:
Taft Stettinius & Hollister LLP
111 East Wacker, Suite 2800
Chicago, IL 60601
You acknowledge and agree that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
SECTION 5: CONTESTS, SWEEPSTAKES & PROMOTIONS
SECTION 6: MARKETING EMAILS, OTHER COMMUNICATIONS & OPT-OUT OPTION
You may sign up for our newsletters, updates, surveys, offers, and ads (“Newsletters”) at any time by giving us your consent and providing us with your email address. You may indicate a preference to stop receiving further communications or notifications from us by following the unsubscribe link provided in the email you receive.
SECTION 7: THIRD-PARTY ADVERTISEMENT & WEBSITES
ZentasticNews may contain third-party ads links leading to third-party websites (collectively, “Third-Party Sites“). We do not endorse any Third-Party Sites and do not own or control them in any manner. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Third-Party Site. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Sites. You agree to take appropriate steps to determine whether accessing a Third-Party Site is appropriate, and to protect your personal information and privacy on such Third-Party Site if needed.
SECTION 8: CONTRACTUAL RELATIONSHIP
Nothing in these Terms is intended to, or shall be construed to create a partnership, agency, joint venture, employment or similar relationship between (i) you and the Company; or (ii) you and another user of ZentasticNews. Neither party shall have the power or right to bind or obligate the other party, nor shall it hold itself out as having such authority.
SECTION 9: PROFESSIONAL ADVICE DISCLAIMER
ZentasticNews (including our Newsletters sent to your email) may contain health and fitness information, which is provided to you for educational and entertainment purposes only. You should consult your physician if you want to follow any advice found on ZentasticNews. In other words, you should not rely on information available on ZentasticNews as a substitute for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of information available on ZentasticNews or communicated to you through ZentasticNews. The use of information found on ZentasticNews is solely at your own risk. Nothing stated or posted on ZentasticNews is intended to be, and must not be taken to be, the practice of medical or counseling care. The practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
ZentasticNews is continually under development and the Content it hosts is being continuously populated by the Company. The Company makes no warranty of any kind, implied or expressed, as to its accuracy, completeness or appropriateness of any part of Content for any purpose. In that regard, developments in medical research may affect the health, fitness and nutritional advice that appears as a part of any such Content. No assurance can be given that the advice contained on ZentasticNews will always include the most recent findings or developments with respect to the particular material.
SECTION 10: GENERAL DISCLAIMERS
General Disclaimer. We disclaim all, and assume no responsibility for, evaluating or verifying the accuracy, suitability, truthfulness or authenticity of any Content provided by a user of ZentasticNews to us. We assume no responsibility for ensuring a user’s compliance with any applicable laws (including copyright and music licensing laws), rules and regulations or these Terms. Under no circumstances will we or any of our employees, officers, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury, emotional distress, death and/or any other damages resulting from your use of ZentasticNews or any Content posted on ZentasticNews. We cannot guarantee and do not promise any specific results from use of ZentasticNews. We make no representation that the information provided on ZentasticNews is accurate. You acknowledge that ZentasticNews may contain errors, inaccuracies and omissions and assume any and all risk of loss, harm or damage associated with access to and use of ZentasticNews. We cannot guarantee that each registered user has reached the required minimum age, nor do we accept responsibility or liability for any Content or use of ZentasticNews by persons who have not reached the required age in violation of this Agreement. Also, it is possible that some users of ZentasticNews (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials using ZentasticNews and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of ZentasticNews, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you publicly disclose and submit to ZentasticNews. Please carefully select the type of information that you submit to us on ZentasticNews. We disclaim all liability, regardless of the form of action, for the acts or omissions of ZentasticNews users (including unauthorized users), whether such acts or omissions occur during the use of ZentasticNews or otherwise.
DISCLAIMER OF WARRANTIES. YOUR USE OF ZENTASTICNEWS, ITS CONTENT AND RELATED MATERIAL OBTAINED THROUGH ZENTASTICNEWS IS AT YOUR OWN RISK. YOUR USE AND ACCESS OF ZENTASTICNEWS AND ITS CONTENT OR ANY RELATED MATERIAL IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF ZENTASTICNEWS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. OCCASIONALLY SOME INFORMATION ON ZENTASTICNEWS MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS.
SECTION 11: INDEMNIFICATION
You agree to indemnify, defend and hold the Company, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from and against any and all damages, losses, liabilities, expenses, deficiencies, actions, judgments, settlements, awards, fines, costs, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, your violation or infringement of any law or the rights of a third party, or your use of ZentasticNews.
SECTION 12: LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ZENTASTICNEWS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ZENTASTICNEWS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE BY ZENTASTICNEWS, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, ZENTASTICNEWS, ANY THIRD-PARTY SITES LINKED TO IT, ANY CONTENT ON ZENTASTICNEWS OR SUCH OTHER THIRD-PARTY SITES, OR YOUR USE OF THE CONTENT, OUR LIABILITY SHALL IN NO EVENT EXCEED ONE HUNDRED U.S. DOLLARS ($100). ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ZENTASTICNEWS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 13: DISPUTE RESOLUTION
Disputes Among Users. You agree to use your best efforts to settle any dispute you may have with any other user of ZentasticNews in an amicable way by mutual negotiations. However, should an amicable settlement between you and another user be impossible, we will try facilitating the resolution of the dispute. If you have any dispute, contact us at [email protected]. The Company will make an attempt to assist by reviewing the dispute and proposing a mutual, non-binding resolution to the disputing parties. If our dispute process does not resolve your problem, you may pursue the issue independently, but you acknowledge and agree that the Company will not and is not obligated to provide any dispute assistance beyond what is offered in this Section 13.
Governing Law and Judicial Forum for Legal Disputes. You agree that any claim or dispute that has arisen or may arise between you and the Company must be resolved exclusively by a state or federal court located in the state of Iowa. You and the Company agree to submit to the personal jurisdiction of the courts located within Polk County, Iowa for the purpose of litigating all such claims or disputes. All matters relating to ZentasticNews and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to principles of any choice or conflict of laws
Disputes Between User and Company. Please read the following and remaining Section 13 (hereinafter referred to as the “Agreement to Arbitrate”) carefully as it affects your rights and will have a substantial impact on how disputes between you and the Company will be resolved.
You agree that any suit, action, proceeding, claim or dispute at law or equity that may arise between you and the Company relating in any way to or arising out of these or previous versions of the Terms, any policies incorporated herein by reference, your use of or access to ZentasticNews will be resolved exclusively through final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. You and the Company further agree as follows:
a. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND THE COMPANY AGREE THAT EACH ONE MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PARTIES. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED UNDER THIS AGREEMENT.
b. Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement to Arbitrate as a court would. All issues are for the arbitrator to decide, except as prohibited by law. In the event of arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration
The arbitration will be conducted by the American Arbitration Association (“AAA“) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, written Notice of Dispute (“Notice“). The Notice must include a description of the nature and basis of the claims the party is asserting and the relief sought. The Notice to the Company should be sent to Zentastic! LLC, Re: Notice of Dispute, 6750 Westown Pkwy, Suite 200, PMB 375, West Des Moines, IA 50266.
If you and the Company are unable to resolve the claims described in the Notice amicably within thirty (30) days after the Notice is received, you or the Company may initiate arbitration proceedings. The party initiating the arbitration must mail a copy of the completed form for initiating arbitration proceedings to the opposing party. Any settlement offer made by you or the Company shall not be disclosed to an arbitrator.
Subject to these Terms, the arbitration hearing shall be held in a mutually agreed location. If the value of the relief sought is $10,000 or less, you or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and the Company subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or the Company may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same ZentasticNews user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
c. Severability. If an arbitrator decides that any part of this Agreement to Arbitrate is invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.
d. Opt-Out Procedure. You can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice (“Arbitration Opt-Out Notice“). The Arbitration Opt-Out Notice must be postmarked no later than thirty (30) days after the date you access ZentasticNews for the first time. You must mail the Arbitration Opt-Out Notice to Zentastic! LLC, Re: Arbitration Opt-Out Notice, 6750 Westown Pkwy, Suite 200, PMB 375, West Des Moines, IA 50266. You must complete the Arbitration Opt-Out Notice by providing your full name, address (including street address, city, state and zip code), and email address and state that you wish to opt out of this specific Agreement to Arbitrate. You have to sign the Arbitration Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this Agreement will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
e. Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in this Agreement to Arbitrate to the contrary, you and the Company agree that if the Company makes any amendment to this Agreement to Arbitrate (other than an amendment to any notice address provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against the Company prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and the Company. Any amendments to this Agreement to Arbitrate will take effect when a revised version or a notification is posted on ZentasticNews unless otherwise stated. Your continued use of ZentasticNews after the revision date constitutes (a) your acceptance of the revised Agreement to Arbitrate and (b) agreement to be bound by any such revised terms and conditions.
SECTION 14: MISCELLANEOUS PROVISIONS
Term and Termination. These Terms will remain in full force and effect while you use ZentasticNews and will terminate when you cease using ZentasticNews. This Agreement may be terminated by us at any time without notice or cause.
Privacy & Security Policy. Privacy and security of your personal information is very important to us. To find out more on what type of information we collect and how we safeguard it please review our Privacy & Security Policy. The Terms include and hereby incorporate by reference our Privacy & Security Policy.
ZentasticNews is ADA compliant. The Americans with Disabilities Act (“ADA”) requires certain businesses to make accommodations for people with disabilities. Web content should be accessible to the blind, deaf, and those who must navigate by voice, screen readers or other assistive technologies. Businesses that fall under Title I, those that operate 20 or more weeks per year with at least 15 full-time employees, or Title III, those that fall under the category of “public accommodation,” are covered by the ADA.
If you are having trouble accessing any features of ZentasticNews, please contact us at [email protected].
No Waiver. No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, corporate transaction, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid, illegal, void or unenforceable, the remainder of the Terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms, and (b) electronic records to store information related to these Terms or your use of ZentasticNews. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) via a posting on ZentasticNews, or (b) by you via email to [email protected] or to such other email addresses as Company may specify in writing, and by Certified or Registered Mail with return receipt requested and postage prepaid to the address set forth below. Notices to you shall be deemed delivered when delivered or transmitted to you electronically, and notices delivered to you electronically (including without limitation via a posting on ZentasticNews) shall be deemed written notices. Notices to us shall be deemed given on the date notice is received by us (as evidenced in the case of Certified or Registered Mail by return receipt).
All feedback, comments, requests for technical support, and other communications related to ZentasticNews should be directed to:
Email: [email protected]
Mailing Address: 6750 Westown Pkwy, Suite 200, PMB 375, West Des Moines, IA 50266