TERMS OF USE AND SERVICE

By using this application (“APP”), you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, please discontinue use of this APP immediately.

RESTRICTIONS ON USE OF MATERIALS

Materials in this APP are copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this APP are trademarks of Personal Zen or of other owners used with their permission.

RESERVATION OF RIGHTS

Personal Zen reserves any rights not expressly granted herein.

LICENSE AND USE

Personal Zen grants you a non-exclusive, non-transferable license to use this APP subject to these Terms and Conditions. Personal Zen is the author and/or authorized sub-licensor of certain materials owned and created by Personal Zen or Personal Zen’s licensors. Personal Zen grants you a non-transferable, non-exclusive license to use the information, images and other content contained on this APP (the “Materials”), solely for internal use by your business or for your own personal use, only with one central processing unit at any one time. You may not copy, reverse engineer, translate, port, modify or make derivative works of the Materials. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Materials or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation or any other means. You shall not use the Materials to operate a service bureau or for any other use involving the processing of data of other persons or entities. Personal Zen and/or Personal Zen’s licensors retains all ownership rights in the Materials. The Materials are copyrighted and may not be copied, even if modified or merged with other Materials. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Materials. You agree not to remove any proprietary rights notices of Personal Zen and/or its licensors from the Materials.

You agree to use information obtained from Personal Zen ’s databases only for your own private use or the internal purposes of your home or business, provided that it does not involve the selling or brokering of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form or any part of the APP (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

OWNERSHIP

The Materials are copyrighted and may not be copied, reproduced, modified, published, uploaded, posted, or distributed in any way, without Personal Zen’s prior written consent. Except as expressly provided herein, Personal Zen does not grant any express or implied right to you under any copyrights, trademarks, patents or trade secret information. Personal Zen warrants, and you accept, that Personal Zen is the owner of the copyright of all material available from time to time through Personal Zen. Personal Zen and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.

RESTRICTIONS

The Materials do not include the design or layout of the APP or the pages located therein. Elements of these APP and the pages therein are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any of the APPS may be copied or retransmitted unless expressly permitted by Personal Zen.

TRADEMARKS

Products and services referenced herein are protected by either trademarks or registered trademarks of Personal Zen. Other product and company names mentioned herein (if any) may be protected by the trademarks of their respective owners.

LINKS AND MARKS

The owner of this APP and/or in the Materials is not necessarily affiliated with other applications and is not responsible for their content. Any application and/or Web site that is linked to this APP is for your convenience only and you access them at your own risk. Links to other material or references to products, services or publications other than those of Personal Zen and its subsidiaries and affiliates of this APP and/or in the Materials, do not imply the endorsement or approval of such APP, products, services or publications by Personal Zen or its subsidiaries and affiliates.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this APP may constitute trade names, trademarks or service marks of Personal Zen or of other entities. The display of trademarks on this APP (if any) does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

CONFIDENTIALITY OF INFORMATION

You agree to treat as strictly private and confidential any information which you may have received from Personal Zen, and all information to which you have access and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

PRODUCTS AND SERVICES

1. NOT FOR MINORS. The products, services and information on Personal Zen are to be used only by persons 18 years of age and older. Although these products, services and information do not contain adult content as such, the product is not intended for minors nor is the underlying information and services featured here intended for use by minors.

2. NO MEDICAL ADVICE. This APP and/or Materials, are not intended to diagnose, treat, cure, or prevent any disease, and are no substitute for medical advice. You should consult your physician and follow his advice. The statements made within this APP have not been evaluated by any governmental agency.

3. ENTERTAINMENT PURPOSES ONLY. Our products are for informational and entertainment purposes only. They are not intended to treat or cure any physical or mental conditions you may have. You agree that our products, services and information are designed solely for self-improvement in an informational and entertaining way. They are not intended as a replacement for medical or psychological treatment. No medical claims are intended express or implied.
You should consult with your physician first before using our APP. If you are taking prescription medication, please check with your doctor before trying the APP.

DO NOT USE THIS APP: (I) WHILE UNDER THE INFLUENCE OF ALCOHOL OR OTHER MOOD ALTERING SUBSTANCES, WHETHER THEY ARE LEGAL OR ILLEGAL; (II) WHILE DRIVING OR OPERATING HEAVY MACHINERY.

You assume all risks in using our APP, waving any claims against Personal Zen and its, executives, employees, consultants and their affiliates for any and all mental or physical injuries. You also agree to assume liabilities when allowing other persons access to this products.

In no case will Personal Zen be liable for chance, accidental, special, direct or indirect damages resulting from use, misuse or defect of its APP and/or Materials and/or products, instructions or documentation.

These Terms of Use will apply to every access to Personal Zen. Personal Zen reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this APP: that version will then apply to all use by you following the date of publication. Each access of information from Personal Zen will be a separate, discrete transaction based on the then prevailing terms.

LOCAL LAW

This APP is operated from a location in the State of [New York], United States of America. Personal Zen makes no representation that the Materials are appropriate for use in other locations. If you access this application from other locations, you are responsible for compliance with local laws. Any user of this APP agrees to subject himself to the courts of the State of New York in the County of New York and hereby agrees to waive his rights to a jury trial.

REPRESENTATIONS AND WARRANTIES

You represent and warrant to Personal Zen that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the APP is true and accurate; (c) you are at least 18 years old; and (d) you will not use the APP for any purpose that is unlawful or prohibited by this Agreement.

DISCLAIMER OF WARRANTIES

THE MATERIALS IN THIS APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PERSONAL ZEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PERSONAL ZEN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PERSONAL ZEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PERSONAL ZEN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PERSONAL ZEN OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS APP, EVEN IF PERSONAL ZEN OR A PERSONAL ZEN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PERSONAL ZEN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS APP.

ERRORS AND CORRECTIONS

THE MATERIALS PUBLISHED COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. PERSONAL ZEN AND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AT ANY TIME.

FACTS AND INFORMATION ON THIS APP AND/OR IN THE MATERIALS ARE BELIEVED TO BE ACCURATE AT THE TIME THEY WERE PLACED ON THE APP AND/OR IN THE MATERIALS. CHANGES MAY BE MADE AT ANY TIME WITHOUT PRIOR NOTICE. ALL DATA PROVIDED ON THIS APP AND/OR IN THE MATERIALS IS TO BE USED FOR INFORMATION PURPOSES ONLY. THE INFORMATION CONTAINED ON THIS APP AND/OR IN THE MATERIALS AND PAGES WITHIN, IS NOT INTENDED TO PROVIDE SPECIFIC LEGAL, FINANCIAL OR TAX ADVICE, OR ANY OTHER ADVICE, WHATSOEVER, FOR ANY INDIVIDUAL OR COMPANY AND SHOULD NOT BE RELIED UPON IN THAT REGARD. THE SERVICES DESCRIBED ON THIS APP AND/OR IN THE MATERIALS ARE ONLY OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. INFORMATION PROVIDED IN OUR APP AND/OR IN THE MATERIALS IS NOT ALL-INCLUSIVE, AND IS LIMITED TO INFORMATION THAT IS MADE AVAILABLE TO PERSONAL ZEN AND SUCH INFORMATION SHOULD NOT BE RELIED UPON AS ALL-INCLUSIVE OR ACCURATE.

LIMITATION OF DAMAGES

IN NO EVENT WILL PERSONAL ZEN OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF PERSONAL ZEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to indemnify and hold us harmless, and pay our attorney’s fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of Personal Zen.

TERMINATION

This Terms of Use agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all Personal Zen APP(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at Personal Zen’s sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this APP and any and all other Personal Zen APP(s) and all copies thereof, whether made under the terms of this agreement or otherwise.