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TERMS OF USE

Welcome to Z-Health Performance Solutions, LLC, an Arizona limited liability company, (the “Company” or “Z-Health” or “we”, or “us”) website. Before accessing and using Company’s web site(s), (“Sites”), services, or products, please carefully and thoroughly read these terms and conditions as they make up the Terms of Service Agreement (“Agreement”) which is a legal, binding agreement between you and the Company (collectively referred to as the “Parties”).

ACCEPTANCE OF THE TERMS

By accessing or using any of this Sites, the products or services, you acknowledge that you have read, accept and agree to be bound by the terms and conditions set forth in this Agreement.  If you are entering into this Agreement on behalf of a company or other legal entity, (an “Organization”) you represent that you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” shall refer to such entity.  If you do not have such authority or if you do not agree to this Agreement, you may not use this web site or any of its services.

CHANGES TO TERMS

This Agreement may be updated by Z-Health from time to time. Z-Health expressly reserves the right to make any changes to this Agreement, or to the Sites and its contents, at any time without prior notice to you. All such updates and changes are effective immediately upon posting a revised version of this Agreement on this Site. You should view this Agreement often to stay informed of changes that may affect you, as your continued use of this Site signifies your continuing consent to be bound by the terms of this Agreement as it currently exists and as it is revised. If any change to this Agreement is not acceptable to you, your only remedy is to stop accessing and using the Site and any of its services.

PROPRIETARY CONTENT

Z-Health respects the intellectual property rights of others and expects you to do the same. Z-Health has expended substantial time, effort and resources to create this Site and to develop and provide the technology, products and services that are available through the Site. You understand and agree that Z-Health owns or (where required, appropriate or applicable) has licensed from third parties the rights to use all right, title and interest in and to the Site, its content, technology, products and services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other content contained therein, and the collection, design, selection and arrangement thereof (collectively, the “Web Content”). You acknowledge that the Web Content contains valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site, service and the Web Content. Such intellectual property and proprietary rights include, but are not limited to, various patents, copyrights, common law and registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of Z-Health and its licensors, including, but not limited to, the following:  “Z-Health®”, “Essentials of Elite Performance,” “R-Phase,” “I-Phase,” “S-Phase,” “T-Phase,” “9S: Strength & Suppleness,” “9S: Stamina & Spirit,” “9S: Sustenance & Spirit,” “9S: Structure,” “9S: Speed,” “9S: Skill & Style,” and “The Next Evolution,” as well as the brands of Z-Health Performance, and Z-Health Master Practitioner Program. Unless otherwise noted, you may access and use the information and materials within the Sites for your personal use. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any Web Content, information, material, trademark, or copyright on the Sites. You must obtain prior written permission from Z-Health or any other entity that owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites. By using the Sites, you agree to abide by all copyright notices or other posted restrictions.

LINKED SITES

For your convenience, certain hyperlinks may be provided on the Site which link to other web sites that are not under the control of Z-Health.  This Agreement applies solely to our Sites, and not to the sites of any other companies or organizations, including those we link to. We do not maintain, create, endorse, or take any responsibility for the content, accuracy, advertising, products or other materials made available through any other site, including those we link to. Your use of other web sites, and the offer or purchase of products or services on or through such other web sites, is subject to the terms and conditions thereof. Z-Health also disclaims all liability and makes no representations or warranties for any products or services made available, sold or provided to you by any third party. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on any other sites. You agree that you will bring no suit or claim against Z-Health arising from or based on your use of, or the offer or purchase of products or services on or through, such other sites.

Other sites may link to our Sites by permission only. To seek our permission, you may contact us at the information below. We reserve the right to rescind any permission granted to you or any organization in which we approve linking to our Sites, and to require termination of any such link to any of the Sites, at our sole discretion at any time.

EVENTS, INFORMATION, AND SPEAKER CHANGES

The courses, events, information, and speakers listed on our Sites are subject to change without notification.

SUBMISSIONS

We welcome your comments about any of the Sites. However, PLEASE DO NOT SUBMIT ANY UNSOLICITED CREATIVE SUBMISSIONS OR SUGGESTIONS FOR TOPICS IN OUR COURSES, NEWSLETTERS OR PRODUCTS (“SUBMISSION”). We will not review or consider any unsolicited creative Submissions or suggestions for topics at our courses or within our newsletters or products. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials.

FORUMS

A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders or pages containing online content, online courses, videos, audio recordings, tools, or other materials. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.

You understand that all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person who posted or transmitted the Content. This means that you, and not Z-Health, is entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site.

Under no circumstances will Z-Health be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available via the Sites. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.

Z-Health does not claim ownership of any Content submitted, posted or transmitted by you on any Site. However, by submitting, posting or transmitting any Content to the Site, you grant Z-Health and its affiliates a royalty-free, perpetual, worldwide, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any member or subscriber to access, display, view, store and reproduce such content for personal use.

You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.

REGISTRATION

In consideration of your use of the Site and services, you represent that you are of legal age to form a binding contract; you agree that all information that you provide to Z-Health in connection with your access to and use of the Site and services (including, but not limited to, all information that you provide in the registration process) is true, accurate and complete; and that you will maintain and routinely update such information to keep it true, accurate and complete at all times.

We may, at our discretion, suspend or terminate the registration of any forum user or general user who violates any of the terms of this Agreement, any of the forum member guidelines or for any other behavior that we in our discretion believe is inappropriate.

We reserve the right to terminate this Agreement and to refuse, restrict or discontinue service or access to the Site, or any portion or features of this Site and services, to you or any other person or entity, for any reason or for no reason whatsoever, at any time, and without notice or liability.

DISCLAIMERS

Although Z-Health strives to make this Site and its services helpful, reliable and current, you understand that your access to and use of the Site is at your own initiative and risk. It is your responsibility to take precautions to ensure that any information, materials, software or data that you access, use, download or otherwise obtain on or through the Site are: (i) up-to-date, accurate, complete, reliable, suitable to and appropriate for the purpose for which you, or your Organization, may desire to use them; and (ii) free of viruses and other destructive routines.

ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED. THE ONLY EXCEPTION IS THE GUARANTEES OF SATISFACTION THAT ARE CLEARLY LABELED AS GUARANTEES WITHIN OUR SITES. Z-HEALTH DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT, IMPLIED EFFECTIVENESS OF THE IDEAS OR STRATEGIES LISTED ON THIS SITE AS WELL AS THOSE THAT ARE PROVIDED IN OUR PRODUCTS OR TO OUR PARTICIPANTS AT OUR COURSES. Z-HEALTH DOES NOT REPRESENT, WARRANT OR COVENANT THAT THIS SITE AND THE MATERIALS, CONTENT, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, CORRECT, RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, OR YOUR ORGANIZATION, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THEM AVAILABLE AND THE MATERIALS, CONTENT, AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE FREE OF VIRUSES, TROJAN SOFTWARE, HACKER ACTIVITY OR OTHER HARMFUL COMPONENTS.

You assume the sole and entire cost of all necessary servicing, repair or correction to your system and neither Z-Health nor its licensors and suppliers shall be responsible for any costs. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on the Sites or those we link to. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL Z-HEALTH, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, LICENSORS, SUPPLIERS, SPONSORS, SPEAKERS, PARTNERS, CONTRACTORS, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING (ALL SUCH INDIVIDUALS AND ENTITIES ARE COLLECTIVELY, THE “Z-HEALTH ASSOCIATES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST, LOSS, LIABILITY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, GOODWILL, OR OTHER INTANGIBLE LOSS (EVEN IF Z-HEALTH ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) ARISING FROM OR IN CONNECTION WITH THE SITES, PRODUCTS, SERVICES, COURSES, INFORMATION, THIS AGREEMENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SITE, THE INABILITY TO USE THE SITE OR SERVICES, IN CONNECTION WITH ANY THIRD PARTY TRANSACTIONS OR ARISING OUT OF OR IN CONNECTION WITH YOUR TRANSPORTATION, ATTENDANCE, PARTICIPATION OR EXCLUSION FROM ANY COMPANY EVENT, YOUR USE OF ANY ADVICE, GOODS OR SERVICES YOU RECEIVE FROM A GUEST SPEAKER ON OUR SITES OR AT ONE OF OUR EVENTS OR IN CONNECTION WITH THE DISPLAY OF YOUR PHOTO, NAME, OR BIOGRAPHY POSTED ON OUR SITES OR IN OUR MARKETING MATERIALS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. IN A jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of THE Z-HEALTH ASSOCIATES shall be limited in accordance with this Agreement to the fullest extent permitted by law.  YOU AGREE THAT Z-HEALTH ASSOCIATES MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT OF FEES, IF ANY, YOU PAID FOR ACCESSING THE SITES.

INDEMNIFICATION

You hereby unconditionally and forever release, discharge and agree to indemnify, defend and hold all of the Z-Health Associates harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), whether under any theory of law, including contract, warranty, tort (including negligence, strict liability, product liability or other theory) relating to any claim you may now or later have due to or arising out of your access to and use of the Web Content, Content, the Site, products and services, to any other websites accessed from or affiliated with the Site, any products purchased off the Site or websites linked to the Site, your violation of this Agreement or any violation of any rights of another, including infringement of the intellectual property rights of Z-Health or third parties. Z-Health reserves, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of this Agreement.

NO PROFESSIONAL ADVICE

The information, Content and Web Content contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats), the products and courses cannot replace or be a substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, therapeutic, or legal. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Z-Health Associates make no representations or warranties concerning any treatment, action, or application of medication or preparation of food, beverage, or any other health-related, training, exercise, drill, or athletic activity by any person following the information offered or provided within or through the Sites, the courses and products. Z-Health Associates shall not be liable to you for any direct, indirect, consequential, special, exemplary or other damages, including but not limited to economic loss, injury, illness or death, allegedly caused by the information in the Sites, the services, products, or courses. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

SMS/MOBILE TEXTING

When you become a customer through our sites, you provide your phone number to us and we may use your phone number to confirm orders, deliver promised ongoing training or communication, and to send text updates, promotions, videos, audios, or messages related to Z-Health or any of its brands or programs. You can opt-out of receiving any future text messages by simply replying to any of our text messages at any time with the word STOP. By signing up for our products or programs you hereby grant us permission to text you until you reply STOP. We do not ever sell or rent your phone number and we only communicate with you regarding Z-Health programs.

NON-ACADEMIC INSTITUTION

Z-Health is not an accredited academic institution and does not issue diplomas or academic certifications or degrees. We do not accept student loans or provide student aid under any programs. We are a for-profit training-based business for personal and professional development.

EARNINGS DISCLAIMER

We don’t believe in miracle cures or “get rich quick” programs. We do believe in hard work, adding value, building a real and professional education-backed career, and serving others with excellence and consistency. Our programs are intended to educate you on the application of neurology to physical training and movement, among other things. Our programs require a lot of work and discipline just like any worthwhile endeavor or professional continuing education program. Please don’t enroll in our programs if you believe in the “money for nothing, get rich quick” myth or ideology, or if you believe that you can hack your way to a new level of business and physical training mastery. We desire to work with serious people dedicated to real professional development who want to add value and move humanity forward.

We cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools or strategies. We don’t know you and, besides, your results in life are up to you. Agreed? We just want to serve by giving great content, direction, and strategies.

What we can guarantee is your satisfaction. We give you a 30-day 100% satisfaction guarantee on your product purchases, and we have a generous refund policy for our live courses, so if you are not happy for any reason with the quality of our training, just ask for your money back. You should know that all Company products and services are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings.  We do not offer any physical, legal, medical, psychological, tax or other professional advice. Any client results or financial numbers referenced here, or on any of our Sites, are illustrative of concepts only and should not be considered to be average results, exact results, or promises for actual or future performance. Making decisions based on any information presented in our products, courses, services, or web site, should be done only with the knowledge that you could experience risk or losses just like any entrepreneurial or professional endeavor. Use caution and always consult your doctor, accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change, exercise, or your business or finances.

You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold Z-Health liable for your decisions, actions or results, at any time, under any circumstance. We feel transparency is important on this matter, and we hold ourselves (and you) to an incredibly high standard of integrity. That’s why we also put our disclaimers on all our pages; why we give you our contact information for any questions; and why we give you a 100% satisfaction guarantee on all of our products and programs.

PARENTAL PERMISSION

The Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

EXPLICIT LANGUAGE & MATURE CONTENT

On our Sites we will occasionally discuss mature topics and language relating to personal and professional growth that may use explicit language or profanity.  Users who are uncomfortable with such topics or language should not use our Sites.

CONFIDENTIALITY AND NON-COMPETE

You understand that the tools, assessments, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, so you agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express prior written permission. Any unauthorized use or distribution of our Sites’ proprietary concepts, materials, and intellectual property by you or your representatives is prohibited.  Z-Health will pursue legal action and full damages in the event of a violation of these terms.

MISCELLANEOUS

This Agreement (as may be revised and amended from time to time), constitute the entire agreement with respect to your access to and use of the Sites and service available on or through the Sites. Our electronically or otherwise properly stored copy of this Agreement shall be deemed to be the true, complete, valid, authentic and enforceable copy of this Agreement and you agree that you shall not contest the admissibility or enforceability of Z-Health’s copy of this Agreement in a court in connection with any proceeding arising out of this Agreement. This Agreement does not confer any rights, remedies or benefits upon any person other than you and Z-Health. Z-Health may assign its rights and duties under this Agreement at any time to any party without notice. You may not assign this Agreement without the prior written consent of Z-Health. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected.  No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision of this Agreement and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement shall not be construed to make you and Z-Health a partner, agent or joint venture of each other.

APPLICABLE LAW AND CONSENT TO JURISDICTION

The Sites were created and is presently maintained, located and controlled by Z-Health in the State of Arizona. This Agreement shall be governed by and construed under the law of the State of Arizona, without regard to conflicts of law principles or rules thereof. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Maricopa County in the State of Arizona for the purpose of resolving any dispute relating to this Agreement, your access to or use of this Sites or the products or services.  Any legal action arising out of or related to this Agreement and your access to and use of the Sites or the products or service must be commenced within one year after the cause of action arose or it will be forever barred.

QUESTIONS REGARDING TERMS

Please contact us with any questions regarding the Sites or this Agreement by e-mail at [email protected]

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