You are purchasing a product from Ziva,Inc. called zivaONLINE (referred to below as “zivaONLINE”, “the Program”, the “Product”) from Ziva, Inc. (“Ziva”, the “Company,” “we,” or “us”) We recommend that you be at least 18 years of age to participate. You will also need an internet connection and a computer or mobile device.
zivaONLINE includes online meditation training videos, 3 (live or recorded) Q&A calls, downloadable audios, and access to a private Facebook Group for members. By purchasing zivaONLINE, you and the Company agree to the following legal terms and conditions that govern your use of the Program and that form a legal agreement between you and the Company:
You agree that zivaONLINE contains proprietary information and is intended for individual use. The material is owned by the Company and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading Program files to sharing sites is considered stealing, and the Company will prosecute.
The instructional videos in this program are NOT available for download, and will only be available for the length of time that you select to have access to the program. If you choose the unlimited access plan, you will have access for as long as the program exists, but are still not available for download. The guided visualizations (zivaSLEEPS, zivaPERFORMANCE, zivaRELEASE, and zivaTRAVELS) are all available for you to save, as well as other bonus audios throughout the program.
The Company provides you with the Product solely for your personal, noncommercial use, and you agree that you will not use such proprietary information or materials in any way whatsoever except for use in compliance with this Agreement. You will not use the Product or the materials available in the Product in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Program. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
Please be aware that you may not create derivative works, marketing materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, Emily Fletcher, zivaONLINE, and the zivaONLINE content, or infringe on any of the Company’s intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights in and to the Product (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, who reserve all their rights in law or in equity.
Company trademarks, service marks, graphics, and logos used in connection with the Program are trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
zivaONLINE is an individual purchase program. Upon registration you will receive one username, password, and a member profile for use during the live course and in the private member site as well as the exclusive directory listing.
If you would like to take zivaONLINE along with a business partner, friend, relative or accountability partner, you will each need to purchase the course individually. Additionally, if you are interested in having your assistant or your entire team take zivaONLINE, a separate membership will need to be purchased for each participating member.
ACCESS TO THE TRAINING
You will have access to the materials for 6 months.
The program’s termination is at the sole discretion of Ziva, Inc. Ziva, Inc. will provide all users with at least 1 month notice of any upcoming termination
PRIVACY AND CONFIDENTIALITY
THIRD-PARTY MATERIALS AND WEBSITES
The Company may provide links to third-party materials and websites as a convenience to you and other zivaONLINE Participants. These third-party materials and websites are not part of the zivaONLINE Program and they may be either withdrawn or terminated at any time without any liability on the part of the Company.
You are responsible to pay for the zivaONLINE Product in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method. If you have selected a payment plan and you miss a payment, your account status will be changed to “delinquent.” Your access to all zivaONLINE content and the facebook group will be revoked 7 days after your classification status becomes delinquent.
If your account remains in delinquent status for longer than 60 days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing.
To be clear, zivaONLINE is not a “pay in part” program where you can pay only for partial access. This is a full immersion program and your payment plan is a convenience that we offer so that the program is more accessible.
Our commitment is to change people’s lives through the power of meditation. That being said, you may request a full refund within 30 days of purchasing the zivaONLINE course if you are dissatisfied with the product. The 30 day money back guarantee only applies to zivaONLINE.
-Deadline to Apply for Refund: To be eligible for a refund, you must submit your request within 30 days of purchasing the zivaONLINE course.
-Company Discretion: Refund requests submitted after the 30 day period are within the Company’s sole discretion as to whether to grant or deny the refund request. The Company also reserves the right to deny a request if the user has not logged in, marked the lessons as complete or opened the emails associated with the course.
-Please do not enroll in zivaONLINE if you just want to “check it out.” We put an extraordinary amount of time and effort into this program and we want to encourage you to commit. This is the way to receive the best results. zivaONLINE is for serious and committed students only.
When addressing the potential effects and benefits of meditation in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to impact and improve your life. However, the Company does not guarantee that you will experience profound results in any given timeframe or that your physical, mental, psychological, or emotional well being will be immediately or drastically improved. It is our belief that all of our ideas, tools, strategies or recommendations have been shown to have an effect for the majority of people who have successfully completed our Program; however, nothing on our site is a guarantee to you of any particular impact or effect.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE zivaONLINE PRODUCT IS AT YOUR SOLE RISK
By purchasing the zivaONLINE Program, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees, verbally or in writing, regarding your physical, emotional, psychological, or mental well being, or results of any kind. You alone are responsible for your actions and results in life, which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability and dedication, You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly.
ADDITIONAL TERMS AND CONDITIONS
1) GOVERNING LAW. You and the Company have entered into this Agreement in the State of New York and agree that the validity, interpretation and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the State of New York, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
2) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS OR LICENSEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OR PURCHASE OF THE zivaONLINE PRODUCT. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE zivaONLINE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
3) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The zivaONLINE Product is a non-transferable program.
4) TERMINATION. The Company is committed to providing all customers in the Program with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the zivaONLINE Program without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement. Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.
5) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the zivaONLINE Product. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the zivaONLINE Product will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Company’s website or you may be notified by either e-mail or postal mail from info@zivaONLINE.com or email@example.com.
6) INDEMNIFICATION. By purchasing and/or using the zivaONLINE Product, you, to the extent permitted by law, agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your purchase and/or use of the zivaONLINE Product. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
7) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in New York County, New York, United States of America for purposes of any such action by the Company.
8) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.
zivaONLINE COMMUNITY GUIDELINES
The zivaONLINE Community, otherwise known as the zivaONLINE Facebook Group, is a place to ask questions, gain encouragement, and share your experiences with the practice. It is intended as an open forum where all members of zivaONLINE can foster a sense of community and support in a safe, accepting environment.
If you feel that the zivaONLINE Group is not promoting such an environment, or you don’t feel comfortable sharing your experiences or posing questions, please express your concerns with us, and we will do our best to remedy the situation.
This community is strictly for zivaONLINE Members who are in good standing. If you have any questions or concerns, please email info@zivaONLINE.com.
zivaONLINE Community Rules:
Be kind and respectful. This is not a place for judgment; this is a place for offering helpful advice, providing insight and perspective, and encouraging all zivaONLINE Members to continue their practice seek help when they need. Negativity is not tolerated. We are all in this together. Violation of this rule is grounds for immediate removal from the community.
As negativity is not tolerated, neither is putting down zivaONLINE, Ziva, the zivaONLINE Group, any member of zivaONLINE. If you have an issue with the program, the company, or Emily, please contact us privately at info@zivaONLINE.com and express your concern. We are reasonable people and we will do what we can to solve the issue.
If you need technical support for zivaONLINE, please email info@zivaONLINE.com with the details of the issue. Though it may be tempting to post on the zivaONLINE Group, this is really not the place to seek that sort of advice. Please keep your zivaONLINE posts meditation-relevant.
No Solicitation Within the zivaONLINE Member Facebook Group (“zivaONLINE Community”). The zivaONLINE community is about best practices in meditation, asking questions, and sharing experiences or tips, and is not about trying to turn other Participants into your customers. You are not permitted to offer your services, sell your programs or products, nor are you permitted to invite zivaONLINE Participants to join other social networks, groups, or programs. This is a space for learning and sharing and is a pitch-free, solicitation-free and sales-free environment.
If you see any Member asking for technical support, please direct them to info@zivaONLINE.com.
No spamming or scamming. You get it.
If you’re not able to follow these simple guidelines:
-We may delete your post(s)
-We might remove you from the zivaONLINE Community.
Feel free to post any questions, comments, or experiences you are having with the practice, relating to the practice, or affected by the practice. Keep your posts respectful, kind, and mature, and let us know what you are going through, good or not-so-good. Positive, constructive advice and encouragement are always welcome. Make friends, and enjoy the zivaONLINE Community! Opinions, advice and all other information expressed by Members in discussions or comments are those of the author.
If you have any questions about these Terms, please reach out to us at info@zivaONLINE.com