Terms of service

Terms of Use  

Welcome to the Zenbodi or Zenbean LLC.com website (the “Website”) of Zenbodi or Zenbean LLC  or  (“Zenbodi or Zenbean LLC ” or “us” or “we”). You (the “User”) have requested access to the Website, the Services (defined below) that we provide through the Website and information, images, graphics, data, text, files, links, photographs, graphics, audio, video, messages, software, messages, communications, content, organization, design, compilation, magnetic translation, digital conversion, HTML, XML, Java code and other content related to the Website (collectively “Content”). Please carefully read the terms and conditions of use of the Website and Content (these “Terms of Use”). Your access and use of the Website and Content is conditioned on your acceptance and agreement without modification to these Terms of Use. By clicking the “I Accept” button below, you agree to be bound by these Terms of Use. By clicking the “I Do Not Accept” button below, you will not be permitted access to the Website. Please note that other portions of the Website may contain additional and/or different terms and conditions of use. 

Access  

We may provide you with a variety of resources, such as news and information about Zenbodi or Zenbean LLC , your account information, the ability to communicate electronically with Zenbodi or Zenbean LLC , and access to services and information available from time to time on or through the Website (the “Services”). We reserve the right in our sole and absolute discretion to terminate, modify, or suspend your access to the Website, Content or Services at any time (for any reason, or for no reason). In particular, and without limitation, we may terminate, modify, or suspend your access to the Website, Content and/or Services upon your non-compliance with these Terms of Use, and, if you are an affiliate of Zenbodi or Zenbean LLC , your Application and Agreement (the “Zenbodi or Zenbean LLC Agreement”) or if you violate our rights or the rights of any other party. 

Privacy  

Our Privacy Policy is incorporated into, and made a part of, these Terms of Use. 

Conduct  

You represent and warrant that (a) you are at least 18 years of age, (b) your use of the Website and Content is legal in, and does not violate any laws or rules of, the jurisdictions in which you reside or from which you use or otherwise access the Website, (c) all information (if any) provided by you to us is correct, (d) you possess the legal right and ability to enter into these Terms of Use, (e) your use of the Website and Content shall be in accordance with these Terms of Use (and if you are a distributor of Zenbodi or Zenbean LLC l, the Zenbodi or Zenbean LLC Agreement and the Policies and Procedures), (f) your use of the Website and Content shall be in accordance with all applicable laws and regulations, (g) you are capable of assuming, and do assume, any risks related to the use of the Website and Content, and (h) you understand and accept the terms, conditions and risks relating to the use of the Website and Content. 

You may not copy, transmit, distribute, sell or publish any or all of the Website, Content or Services, without our prior, express and written consent. In your use of the Content, such as printing it, you may not remove or alter, or cause to be removed or altered, any notice, mark, or legend in or on the Content, including, but not limited to, copyright notices, trademarks, and disclaimers. You may not create derivative works of the Website or Content. In connection with your access to, and/or use of, the Website and Content, you agree not to: 

  • (i) Use the Website, Content or Services, in whole or in part, except as expressly provided in these Terms of Use or use the Website or Content for any purpose that is unlawful, immoral, or prohibited by these Terms of Use or any applicable local, state, or federal law, rule, or regulation; 

  • (ii) Use the Website, Content or Services in any manner that could damage, disable, overburden, or impair the Website, Content or Services, or interfere with any other party’s use and enjoyment of the Website, Content or Services; 

  • (iii) Obtain, or attempt to obtain, any materials, information, or other Content through any means not intentionally made available or provided for through the Website; 

  • (iv) Circumvent, or attempt to circumvent, any security feature of the Website; 

  • (v) Modify, delete, decompile, disassemble or reverse engineer the Website, Content or Services in any way whatsoever; 

  • (vi) Upload, e-mail or otherwise transmit to or through the Website or Services, any advertising, promotional, or other unauthorized communication, including, without limitation, “junk mail,” “surveys,” unsolicited e-mail, “spam,” “chain letters,” or “pyramid schemes”; 

  • (vii) Upload, post, email, or otherwise transmit any material that contains “trojan horses,” “worms,” software viruses, or any other computer code, files, or programs designed to or that might interrupt, destroy, interfere or limit the functionality of the Website, Content or Services, or any computer software or hardware or telecommunications equipment; 

  • (viii) Use any automated means, including, but not limited to, electronic “spiders,” “robots,” or “crawlers,” to download data from any of our databases; or 

  • (ix) Incorporate data from any of our databases into any emails or other “white pages” products or services, whether browser-based, based on proprietary client-side applications, or web-based, without our prior, express and written consent. 

Intellectual Property Rights  

Unless otherwise indicated, our Website and Content are property of Zenbodi or Zenbean LLC, its affiliates, its licensors or other third parties and are protected under applicable copyright, trademark, patent, and other intellectual property rights and laws. Except as specifically allowed in these Terms of Use, the copying, redistribution, use, or publication by you of the Content is strictly prohibited. No ownership or other interest or license in or to any patent, copyright, trademark, trade secret and other intellectual property rights or to the Content are being granted, assigned or transferred in these Terms of Use or by reason of your access to, and use of, the Website, Content or Services. 

All trademarks, service marks, trade names and copyrights displayed on the Website or in the Content are proprietary to us or their respective owners. You acquire no rights or licenses in or to any trademarks, service marks, trade names or copyrights displayed on the Website. 

Access to the Website and Content, and use of our Services, are being provided for your business use only. You may not reproduce, republish, distribute, assign, sublicense, retransmit, sell, or prepare derivative works of the Website or Content, or resell or make our Services available to others. All rights in and to the Website and our Content not expressly granted in these Terms of Use remain in us or in our licensors. 

Confidential and Proprietary Information  

During the course of your use of the Website, you may have access to information which is confidential and proprietary to us or our suppliers, licensors, or other similar entities. The term “Proprietary Information” means any information or material which is proprietary and confidential to us or our suppliers, licensors or other similar entities, and includes any of the following information and material licensed, owned or developed by any such party or its agents: business records and plans; business information; product formulation and specifications; marketing plans and strategies; financial statements; distributor lists and information, genealogies, compensation plans and financial information, customer lists and records; technical information; inventions; product design; information; services; pricing structure; discounts; computer programs and listings; source code and/or object code; software; and any other such proprietary information. You understand and acknowledge that the Proprietary Information is owned, obtained or licensed by us or our suppliers, licensors, or other similar entities, by the investment of significant time, effort and expense, and that the Proprietary Information is a valuable, special and unique asset of ours or our suppliers, licensors, or other similar entities, which provides us with a significant competitive advantage. Therefore, you must hold in confidence and not disclose the Proprietary Information to any person or entity without our prior written consent. You shall be liable for any and all breaches of Terms of Use and any unauthorized use or disclosure of Proprietary Information. If you become compelled by applicable law, regulation or legal process to disclose any of the Proprietary Information, you shall promptly provide us with notice in order for us to seek a protective order or other appropriate remedy. Further, if you become compelled to disclose any of the Proprietary Information, you must disclose only that portion of the Proprietary Information you are legally required to disclose as confirmed by a legal opinion of your counsel at your expense. Upon our request, you shall return all materials containing Proprietary Information. 

Indemnification  

You shall indemnify, defend, and hold us, our affiliates and our licensors, owners, officers, directors, employees, subcontractors, information providers, suppliers, attorneys, agents, parents, subsidiaries and affiliated entities, and the owners, officers, directors, employees, subcontractors, attorneys, agents, parents, subsidiaries and affiliated entities of each of them (collectively, “our Affiliated Parties”) harmless from any liability, loss, claim, damages, suit, judgment, cost or expense, including, but not limited to, reasonable attorneys’ fees, related to your (a) failure to comply with any of these Terms and Conditions or (b) use of the Website or Content. We have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms and Conditions, the Website, or your access to or use of the Website or Content. 

Disclaimers  

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WEBSITE, THE SERVICES OR THE CONTENT CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SUCH CONTENT, SERVICES, SOFTWARE AND PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, ARISING OUT OF, OR IN CONNECTION WITH, THE WEBSITE, SERVICES AND CONTENT, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING AND ANY LIABILITY WITH REGARD TO THE WEBSITE, CONTENT AND SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY SERVICE.  

YOUR USE OF THE WEBSITE, SERVICES AND CONTENT IS AT YOUR SOLE RISK. ALTHOUGH OUR CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. WE ARE NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE WEBSITE OR CONTENT OR OTHERWISE USE OR RECEIVE INFORMATION OR SERVICES FROM OR REGARDING THE WEBSITE, CONTENT, OR YOUR PURCHASES FROM US. WE DO NOT WARRANT THAT THE WEBSITE, PRODUCTS OR SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE SYSTEMS OR THAT THE WEBSITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.  

WE ARE NOT RESPONSIBLE OR LIABLE FOR MAINTAINING ANY CONSUMER DATA OR FOR THE DELETION, CORRUPTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE OF ANY CONSUMER DATA OR FOR ANY THIRD PARTY ACCESS TO ANY CONSUMER DATA.