Welcome to Zen Vitality 

This site is maintained as a service to our clients. By using this site, you agree to comply with and be bound by the following terms and conditions of use, which are expressly subject to the terms and conditions outlined in the Membership Agreement. Please review these terms and conditions carefully. Please refrain from using Zen Vitality (the “Site”) if you do not accept all of the terms and conditions stated on this page, as well as those specified in the Membership Agreement.

1. Terminology. The following terminology applies to these Terms and Conditions and Privacy Policy, and any or all Agreements: “Client”, “Customer”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. The terms “Zen Vitality”, “the Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company, Zen Vitalis LLC, an Arizona Limited Liability Company. The terms “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Arizona. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2. Agreement.  This Terms and Conditions of Use agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of Zen Vitality (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Zen Vitality upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at Zen Vitality/terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

3. Eligibility. The Services provided by Zen Vitality are available only to individuals who are at least eighteen (18) years of age. Individuals above the age of thirteen (13) but under the age of eighteen (18) may only access and use the Services with the consent and supervision of a legal guardian who assumes all obligations under these Terms on their behalf. By using the Services, you represent and warrant that you satisfy this eligibility requirement.

4. User and Member Responsibilities. Users and members of Zen Vitality agree to utilize the Services in a lawful, ethical, and respectful manner. Users shall provide accurate and complete information when required, shall refrain from engaging in any form of misconduct, and shall not copy, distribute, misuse, or exploit any content provided by Zen Vitality without express authorization. Users shall not interfere with the proper functioning of the Services.
   
   Members are further required to adhere to all facility policies and wellness guidelines designed to ensure health and safety in relation to each therapy. Members shall conduct themselves in a manner that respects the tranquil environment of the facility and shall comply with all safety instructions pertaining to services and equipment. Members shall not engage in harassment, disruptive behavior, or the misuse of the facility and its resources. Any injuries or facility-related concerns must be reported to the staff immediately. Members shall dress in accordance with therapy requirements, including but not limited to the use of swimwear for water therapies. Failure to comply with these responsibilities may result in suspension or termination of membership.

5. Health and Wellness Disclaimer. Zen Vitality provides wellness services and products intended to support relaxation and general well-being. However, Zen Vitality does not provide medical advice, diagnosis, or treatment. Users are encouraged to consult a qualified healthcare professional prior to making any modifications to their health regimen.

6. Account Registration and Management. Certain features of the Services may require users to create an account. Users must ensure that all information provided during the registration process is accurate, complete, and up to date. Users are solely responsible for maintaining the confidentiality and security of their account credentials and for any activity that occurs under their accounts. Zen Vitality reserves the right to suspend or terminate any account found to be in violation of these Terms or engaged in fraudulent or unauthorized use of the Services.

7. Refunds and Cancellations. Termination of membership are subject to the policies outlined in the membership agreement signed by the user. Any refund for services provided is granted solely at the discretion of Zen Vitality and is not guaranteed. By using our services, you acknowledge and agree to this policy.

8. Cookies. We employ the use of first-party and third-party cookies for several reasons. By using Zen Vitality’s website you consent to the use of cookies in accordance with Zen Vitality’s privacy policy. Some cookies are required for technical reasons in order for our website to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies enable us to track and target the interests of our users to enhance the experience on our website. Third parties serve cookies through our website for advertising, analytics, and other purposes. This is described in more detail below.
   1. Retargeting Cookies. We use retargeting cookies to show ads to users who have previously visited our website as they browse the web or use social media. These cookies are used to collect information about your browsing habits and to make advertising relevant to you and your interests. They remember that you have visited a website and this information is shared with other organizations such as advertisers.
   2. Behavioral Cookies. Behavioral cookies are used to collect data about your use of our website. This allows us to understand your preferences and behavior on our website, enabling us to provide you with a more personalized experience. This information is used to enhance the functionality and features of our website, and to provide analytics on website usage.

9. Control Over Cookies. You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences by clicking on the appropriate opt-out links provided in the cookie banner that appears when you visit our website. Additionally, most browsers allow you to control cookies through their settings preferences. However, if you limit the ability of websites to set cookies, you may worsen your overall user experience, since it will no longer be personalized to you.

10. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at https://zenvitalitynow.com/privacy.

11. License. Unless otherwise stated, Zen Vitality and/or its licensors own the intellectual property rights for all material on the Site. All content included on this site is and shall continue to be the property of Zen Vitality or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. You may view and/or print pages from https://zenvitalitynow.com/terms for your own personal use subject to restrictions set in these terms and conditions.
    
    You must not:

1. Republish material from the Site
2. Sell, rent or sub-license material from the Site
3. Reproduce, duplicate or copy material from the Site
4. Redistribute content from Zen Vitality (unless content is specifically made for redistribution).

12. Trademarks. Zen Vitality and Zen Vitality logos found on the Site and others are either trademarks or registered trademarks of Zen Vitalis LLC Other product and company names mentioned on this Site may be trademarks of their respective owners.

13. Site Use. Zen Vitalis LLC grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Zen Vitality, and Zen Vitality may terminate your use of this website at any time.

14. Content Liability. We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

15. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

16. Indemnification. You agree to indemnify, defend and hold Zen Vitalis LLC, its affiliates, and its respective officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, obligations, claims, actions, suits, proceedings, demands, judgments, assessments, fines, interest, penalties, costs, and expenses (including settlement costs and reasonable legal, accounting, experts’ and other fees, costs and expenses) arising out of or in connection with your violation of this Agreement or use of the Site.

17. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. Zen Vitalis LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

18. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ZEN VITALIS LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
    
    You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

19. Use of Information. Zen Vitalis LLC reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

20. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A description of where the material that you claim is infringing is located on the Site;
    4. Your address, telephone number, and e-mail address;
    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:

By Mail:
10636 N. 71^st Way, Suite 13
Scottsdale, AZ 85254

By Phone: 602-345-1239

By E-mail: hello@zenvitalitynow.com

21. Applicable Law. You agree that the laws of the state of Arizona, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Zen Vitalis LLC or its affiliates.

22. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

23. Waiver. The failure of Zen Vitality to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Zen Vitality must be in writing and signed by an authorized representative of Zen Vitality.

24. Termination. Zen Vitality may terminate this Agreement at any time, with or without notice, for any reason.

25. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

26. Entire Agreement. This Terms of Use constitutes the entire agreement between you and Zen Vitality and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Zen Vitality with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Zen Vitality may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

27. Contact Information.

Zen Vitalis LLC
hello@zenvitalitynow.com
602-345-1239

CONSENT

By using our Service, you hereby consent to our Terms and Conditions of Use. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

ELECTRONIC AGREEMENT

By using our Service, you agree to be bound by this electronic Agreement, which sets forth the legally binding terms of your use. Your continued use of the Service, including registering, clicking “I Agree” or “Accept” (or a similar button or checkbox), or otherwise accessing the Service, constitutes your acceptance of these Terms, as they may be updated or amended at the sole discretion of Zen VitalitsLLC. You acknowledge that you can electronically receive, download, and print this Agreement.

ACKNOWLEDGEMENT

By using the Service, you acknowledge that you have read these Terms and Conditions of Use and agree to be bound by them.