TERMS OF USE

OTHER POLICIES

Privacy Policy              Copyright Policy 

Cookie Policy              Trademark Policy

Pixel Policy                  Acceptable Use Policy

Disclaimer

Terms of Service

An Introduction to Zen 4 Minds Terms of Service

Welcome to Zen 4 Minds! Here is a quick summary of the highlights of our Terms of Service:

TERMS OF USE SUMMARY:

Meditation is generally considered a safe activity, especially at the beginning levels. At these levels, it is mainly an exercise in relaxation and concentration.

Advanced levels of meditation can require a willingness to use your powers of concentration in order to engage in self-study and examination. If you feel you might be uncomfortable engaging in this kind of self-examination, please choose audios that are for relaxation.

If you have a history of mental illness, please consult with your health care provider before prior to using our content. This is not to say that meditation will be harmful to you, but it’s better to be on the safe side.

Anything written should be understood as opinion and not an expression of professional advice or prescription. You are entirely responsible for how you choose to understand, misunderstand, use or misuse any of the audios, writings or communications here.

This site has been created as a recreation tool on your own terms and expectations. By using our site you understand and accept responsibility for any adverse effects, direct or indirect, that may result from your use of the information on this website or in any of my communications. By using this website, you agree that you use the information contained here-in entirely at your own discretion.

GUEST VOICE PARTICIPATION – are for entertainment purposes. They are hired or volunteer participants not associated with the management or operations of Zen 4 Minds in any way.

Disclaimer – Regarding Revoked Access – ZEN4 MINDS & MANAGEMENT reserves the right to revoke access to any person/persons you who appear to missuses, or abuse the intention of ZEN4MINDS.COM   and or to any person/member affiliated with ZEN4MINDS.com

Termination

We reserve the right in our sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google, etc.), may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

Refund Policy
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.

Security

• Login Profile: ZEN4MINDS.COM Website may provide you with the opportunity to create a login profile that allows you to save your contact and other information for speedier registration. We recommend you keep this information current. ZEN4MINDS.COM is not responsible for updating login profile information.
• Passwords: To provide you with an increased level of security, access to your login profile is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. Your password will never be asked through unsolicited communication from ZEN4MINDS.COM.
• Third-Party Websites: ZEN4MINDS.COM Website may sometimes include third-party advertising and links to other Websites. We do not provide any personally identifiable customer information to these advertisers or third-party websites. ZEN4MINDS.COM has no control over the privacy practices of sites outside our domain. If you follow a link to another website, please read that site’s privacy policy.

Credit Card Transactions

• Minors: Minors (anyone under the age of 18) are not eligible to pay for ZEN 4 MINDS services and we ask that minors do not submit credit card information. ZEN 4 MINDS is not responsible for a minor’s use of their parent’s credit card.
• Incorrect or Fraudulent Information: A credit card transaction may be canceled by ZEN 4 MINDS if we reasonably determine that the order information you provided is incorrect or fraudulent, or if we reasonably believe the credit card utilized is from an unauthorized party.

Copyright

All of the information, materials, models, graphics, design and formatting on the ZEN 4 MINDS web site unless otherwise stated, remain the sole copyright of ZEN 4 MINDS. They may be downloaded by registered users solely for their own personal use and may not be reproduced or distributed without permission from Joanne Harris.

The information and material presented on this site is for educational purposes only. It is not intended to diagnose, prescribe, treat, mitigate or cure any medical or psychological condition or to recommend specific information, products or services as treatment of any medical or psychological conditions. Members should be aware that the information provided is not intended as medical advice and should not be used as an alternative or substitute for consulting with a fully qualified medical doctor, psychologist or psychiatrist. ZEN 4 MINDS makes no claim that the advice or workouts provided will guarantee results as every member’s circumstances will be different and each member alone is responsible if they choose to do anything based upon what they have read on the this website.

Anyone suffering from persistent anxiety or depressive symptoms or any other psychological disorder should consult a qualified medical practitioner, psychologist or health professional before undertaking any of the workouts provided in the gym.

JoAnne Harris/ Coaching 4 Minds/Zen 4 Minds accepts no liability for claims by, or damages of any kind whatsoever to, a member of this website or any other person for a decision or action they take in reliance on the information contained on this website. Such damages include, without limitation, direct, indirect, special, incidental or consequential damages.

• You own the content that you post; you also grant us and other users of the Zen 4 Minds platform certain rights and license to use it. The details of these licenses are described in section 3(c) below.
• You are responsible for the content that you post. This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party (for example, defamation) or any applicable laws.
• You can repost content from Zen 4 Minds elsewhere, provided that that you attribute the content back to the Zen 4 Minds platform and respect the rights of the original poster, including any “not for reproduction” designation.
• We do not endorse or verify content posted by users. Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the Zen 4 Minds platform. Posts from lawyers, doctors, and other professionals should not be treated as a substitute for professional advice for your specific situation.
• You agree to follow the rules of our platform. When you use the Zen 4 Minds platform, you also agree to our Terms of Service, accept our Privacy Policy, and agree to follow our Acceptable Use Policy, Copyright Policy, and Trademark Policy.
• We offer tools for you to give feedback and report complaints.If you think someone has violated your intellectual property rights, other laws, or Zen 4 Minds’s policies, you can initiate a report at the contact us page .

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO THE PROVISIONS OF THIS DISCLAIMER

We are pleased that you want to join the Zen 4 Minds platform and encourage you to read the full Terms of Service below.

Zen 4 Minds Terms of Service (full version)

Last Updated: December 24, 2018

Welcome to Zen 4 Minds! Zen 4 Minds is a platform to gain and share knowledge, empowering people to learn from others and better understand the world.

These terms of service (“Terms of Service”) sets forth the agreement (“Agreement”) between you and Zen 4 Minds, Inc. (“Zen 4 Minds” “we” or “us”). It governs your use of the products and services we offer through our web and applications (collectively the “Zen 4 Minds Platform”).

Please make sure to read it, because, by using the Zen 4 Minds Platform, you consent to these terms.

1. The Mission of the Zen 4 Minds Platform
   
   Zen 4 Minds’s mission is to provide recreational tools and information for meditation and well-being. The Zen 4 Minds Platform is a place to access recreational meditation tools and techniques as well as ask questions and connect with people who contribute unique insights and quality answers in providing greater understanding of well-being.
2. Using the Zen 4 Minds Platform
   1. Who Can Use It. Use of the Zen 4 Minds Platform by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to this Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use.
   2. When you set up a profile on the Zen 4 Minds Platform, you will be asked to provide certain information about yourself. You agree to provide us accurate information, including your real name, when you create your account on the Zen 4 Minds Platform. We will treat information you provide as part of registration in accordance with our Privacy Policy. You should take care in maintaining the confidentiality of your password.
   3. Privacy Policy. Our privacy practices are set forth in our Privacy Policy. By use of the Zen 4 Minds Platform, you agree to accept our Privacy Policy, regardless of whether you are a registered user.
   4. Acceptable Use Policy.In your interaction with others on the Zen 4 Minds Platform, you agree to follow the Acceptable Use Policy at all times.
   5. You may close your account at any time by going to account settings and disabling your account. We may terminate or suspend your Zen 4 Minds account if you violate any Zen 4 Minds policy or for any other reason.
   6. Changes to the Zen 4 Minds Platform. We are always trying to improve your experience on the Zen 4 Minds Platform. We may need to add or change features and may do so without notice to you.
   7. We welcome your feedback and suggestions about how to improve the Zen 4 Minds Platform. Feel free to submit feedback at Zen 4 Minds.com/contact. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.
3. Your Content
   1. Definition of Your Content.The Zen 4 Minds Platform enables you to add posts, texts, photos, videos, links, and files to share with others. All material that you upload, publish or display to others via the Zen 4 Minds Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Zen 4 Minds Platform, Your Content may be viewed by the general public.
   2. Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content,subject to the non-exclusive rights granted to us below.
   3. License and Permission to Use Your Content.
      1. By submitting, posting, or displaying Your Content on the Zen 4 Minds Platform, you grant Zen 4 Minds and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, and otherwise use Your Content in connection with the operation or use of the Zen 4 Minds Platform or the promotion, advertising or marketing thereof, in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Zen 4 Minds to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with Zen 4 Minds for the syndication, broadcast, distribution or publication of Your Content through other media or distribution methods. This license also includes the right for other users of the Zen 4 Minds Platform to use and modify Your Content, subject to our Terms of Service.
      2. Once you post an answer to a question, you may edit or delete your answer at any time from public display on http://www.Zen 4 Minds.com, except in the case of anonymously posted answers. However, we may not be able to control removal of the answer from display on syndicated channels or other previously distributed methods outside of Zen 4 Minds.com. Zen 4 Minds may remove suspected spam from your answers. Once you post a question, it may be edited or deleted by other users or by Zen 4 Minds at any time. Any edits and changes made by you may be visible to other users. The right for Zen 4 Minds to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.

• You acknowledge and agree that Zen 4 Minds may preserve Your Content and may also disclose Your Content and related information 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, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Zen 4 Minds, its users, or the public.

1. You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
2. You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third-parties of any of Your Content outside of the Zen 4 Minds Platform or in violation of our Terms of Service.

1. Your Responsibilities for Your Content. By posting Your Content on the Zen 4 Minds Platform, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content.You are responsible for ensuring that Your Content does not violate Zen 4 Minds’s Acceptable Use Policy, Copyright Policy , Trademark Policy, other published Zen 4 Minds policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.

4. Our Content and Materials
   1. Definition of Our Content and Materials. All intellectual property in or related to the Zen 4 Minds Platform (specifically including, but not limited to our software, the Zen 4 Minds marks, the Zen 4 Minds logo, but excluding Your Content) is the property of Zen 4 Minds Inc., or its subsidiaries and affiliates, or content posted by other Zen 4 Minds users licensed to us (collectively “Our Content and Materials”).
   2. Data. All data Zen 4 Minds collects (“Data”) about use of the Zen 4 Minds Platform by you or others is the property of Zen 4 Minds Inc., its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
   3. Our License to You.
      1. We grant you a limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the Zen 4 Minds Platform in connection with your use of the Zen 4 Minds Platform, subject to the terms and conditions of this Agreement.
      2. Zen 4 Minds gives you a worldwide, royalty-free, revocable, non-assignable and non-exclusive license to re-post Our Content and Materials anywhere on the web provided that: (a) the content in question was added to the Zen 4 Minds Platform after April 24, 2010; (b) the user who created the content has not explicitly marked the content as not for reproduction on the Zen 4 Minds Platform; (c) you do not modify the content; (d) you attribute Zen 4 Minds by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content on http://Zen 4 Minds.comon every page that contains Our Content and Materials; (e) upon request, either by Zen 4 Minds or a user, you remove the user’s name from content which the user has subsequently made anonymous; (f) upon request, either by Zen 4 Minds or by a user who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the Zen 4 Minds Platform; and (g) upon request, either by Zen 4 Minds or by a user who contributed to the content, you make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the Zen 4 Minds Platform; (h) you don’t republish more than a small portion of Our Content and Materials. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by Zen 4 Minds, or any Zen 4 Minds user, without separate, express prior written permission from us.

• We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the Zen 4 Minds Platform or to remove content. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

1. Permitted uses. If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, you may access the Zen 4 Minds Platform, subject to the following additional rules: i) you must use a descriptive user agent header; ii) you must follow robots.txt at all times; iii) your access must not adversely affect any aspect of the Zen 4 Minds Platform’s functioning; and iv) you must make it clear how to contact you, either in your user agent string, or on your website if you have one.
2. No Endorsement or Verification.Please note that the Zen 4 Minds Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the Zen 4 Minds Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Zen 4 Minds Platform by anyone.
3. Ownership. You acknowledge and agree that Our Content and Materials remain the property of Zen 4 Minds’s users or Zen 4 Minds. The content, information and services made available on the Zen 4 Minds Platform are protected by Canadian, U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.

5. Integrated Service ProviderYou may enable another online service provider, such as a social networking service (“Integrated Service Provider”), to be directly integrated into your account on the Zen 4 Minds Platform. By enabling an integrated service, you are allowing us to pass to, and receive from, the Integrated Service Provider your log-in information and other user data. For more information about Zen 4 Minds’s use, storage, and disclosure of information related to you and your use of integrated services within Zen 4 Minds, please see our Privacy Policy. Note that your use of any Integrated Service Provider and its own handling of your data and information is governed solely by their terms of use, privacy policies, and other policies.
6. More About Certain Offerings on the Zen 4 Minds Platform
   1. Digests. When you sign up for the Zen 4 Minds Platform, the service includes receipt of a digest of questions and answers that may be of interest to you. You can opt-out of receipt of the digest, and adjust other communication settings, by going to “Email and Notification” settings in your account profile, as further described in our Privacy Policy.
   2. Advertisements. The Zen 4 Minds Platform may include advertisements, which may be targeted to content or information on the Zen 4 Minds Platform, queries made through the Zen 4 Minds Platform, or other information, in an effort to make them relevant to you. The types and extent of advertising by Zen 4 Minds are subject to change. In consideration for Zen 4 Minds granting you access to and use of the Zen 4 Minds Platform, you agree that Zen 4 Minds and its third party providers and partners may place such advertising on the Zen 4 Minds Platform. If you wish to become an advertiser, you will be required to enter into separate and supplemental terms with us about providing advertising services on the Zen 4 Minds Platform.
   3. Legal, Medical & Other Professional Contributors. Some users who post content are members of legal, medical, and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should be not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. Zen 4 Minds has provided certain disclaimer template language that Professional Contributors may edit and incorporate in their answers. Ethics rules differ by state or location, and it is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.
   4. Buttons, Links and Widgets. You have permission to use Zen 4 Minds’s buttons, links, and widgets, subject to these Terms of Service (including the disclaimers and limitations of liability) and provided that: (a) your use of such buttons, links and widgets link only to the Zen 4 Minds Platform; (b) you will not modify such buttons, links, or widgets or associated code in any manner; (c) you will not use any such buttons, links, or widgets in any manner which implies or suggests that Zen 4 Minds endorses, sponsors, or recommends the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate Zen 4 Minds’s Acceptable Use Policy.
   5. Web resources and third-party services. The Zen 4 Minds Platform may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of your use of such websites or resources.
   6. Services that Require Separate Agreement. Certain features or services may require that you enter into a separate and supplemental written agreement prior to use.
7. Reporting Violations of Your Intellectual Property Rights, Zen 4 Minds Policies, or Applicable Laws
   We have a special process for reporting violations of your intellectual property rights or other violations of Zen 4 Minds policies or applicable laws.
   1. Copyright Policy and Trademark Policy. We have adopted and implemented a Copyright Policyand Trademark Policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the Zen 4 Minds Platform infringes your intellectual property rights, please read our Copyright Policy and Trademark Policy.
   2. Reports of Other Violations. If you believe content on the Zen 4 Minds Platform violates the Zen 4 Minds Acceptable Use Policyor otherwise violates applicable law (apart from copyright or trademark violations) or other Zen 4 Minds policies, you may notify us through the following Contact form .We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies and applicable law.
8. DISCLAIMERS AND LIMITATION OF LIABILITYPLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF ZEN 4 MINDS ENTITIES TO YOU.“ZEN 4 MINDS ENTITIES” MEANS ZEN 4 MINDS INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
   1. WE ARE PROVIDING YOU THE ZEN 4 MINDS PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ZEN 4 MINDS ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USEAGE.
   2. ZEN 4 MINDS MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE ZEN 4 MINDS PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE ZEN 4 MINDS PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. ZEN 4 MINDS MAKES NO WARRANTY THAT: (a) THE ZEN 4 MINDS PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE ZEN 4 MINDS PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE ZEN 4 MINDS PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE ZEN 4 MINDS PLATFORM WILL BE SATISFACTORY.
   3. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZEN 4 MINDS ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZEN 4 MINDS ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE ZEN 4 MINDS PLATFORM.
   4. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE ZEN 4 MINDS PLATFORM IS TO STOP USING THE ZEN 4 MINDS PLATFORM.
   5. WITHOUT LIMITING THE FOREGOING, ZEN 4 MINDS’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE ZEN 4 MINDS PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO ZEN 4 MINDS IN CONNECTION WITH THE ZEN 4 MINDS PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
   6. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE FOREGOING SECTIONS 8(c), 8(d), AND 8(e) WILL NOT APPLY TO A RESIDENT OF NEW JERSEY, TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF ZEN 4 MINDS’S NEGLIGENT, FRAUDULENT, RECKLESS, OR INTENTIONAL MISCONDUCT.
9. IndemnificationYou agree to release, indemnify, and defend Zen 4 Minds Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the Zen 4 Minds Platform, ii) Your Content, iii) your conduct or interactions with other users of the Zen 4 Minds Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
10. Dispute ResolutionThis Agreement and any action arising out of your use of the Zen 4 Minds Platform will be governed by the laws of British Columbia, Canada without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with your use of the Zen 4 Minds Platform will be brought solely in Vancouver, British Columbia, Canada and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000 USD, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration will initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
11. General Terms
    1. Changes to these Terms. We may amend this Agreement (including any policies, such as the Privacy Policy, Acceptable Use Policy , Copyright Policy, and Trademark Policy that are incorporated into this Agreement) at any time, in our sole discretion. If we amend material terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of notification could include, for example, via email, posted notice on the Zen 4 Minds Platform, or other manner. Your failure to cancel your account, or cease use of the Zen 4 Minds Platform, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the Zen 4 Minds Platform.
    2. Governing Law and Jurisdiction. You agree that Zen 4 Minds is operated in Canad and will be deemed to be solely based in British Columbia and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or provincial/state court in Vancouver, British Columbia, Canada and governed by laws of the province of British Columbia and federal law, without regard to any conflict of law provisions.
    3. Use Outside of the Canada. Zen 4 Minds expressly disclaims any representation or warranty that the Zen 4 Minds Platform complies with all applicable laws and regulations outside of Canada. If you use the Zen 4 Minds Platform outside of the Canada, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Zen 4 Minds Platform.
    4. Export. The Zen 4 Minds Platform is controlled and operated from our Canadian offices in British Columbia. Zen 4 Minds software is subject to Canadian export controls. No software for Zen 4 Minds may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a Canada government embargo, or that has been designated by the Canada government as a “terrorist supporting” country, and (2) listed on any Canada government list of prohibited or restricted parties.
    5. Applications and Mobile Devices. If you access the Zen 4 Minds Platform through a Zen 4 Minds application, you acknowledge that this Agreement is between you and Zen 4 Minds only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Zen 4 Minds Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.
    6. Survival. The following provisions will survive expiration or termination of this Agreement: Section 2(e)(Termination), 2(g)(Feedback), Section 3(Your Content), Section4(a)-(b) and (d)-(f)(Our Content and Materials), Section 8 (Disclaimers and Limitation of Liability), Section 9 (Indemnification), Sections 10 (Dispute Resolution), and Section 11 (General Terms).

1. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
2. Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
3. Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Zen 4 Minds Platform and constitutes the entire agreement between you and us regarding the Zen 4 Minds Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
4. Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
5. All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via admin@Zen 4 Minds.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
6. Relationship.This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
7. Waiver. No wavier of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
8. Further Assurances.You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
9. Feel free to contact us through Zen 4 Minds.com/contact with any questions about these terms.