Zenkify LLC

Terms and Conditions

Last Updated: September 01, 2023
 

Welcome to Zenkify! Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.zenkify.com/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Zenkify. These Terms and the Privacy Policy incorporated herein by reference, constitute a legal and binding agreement (the “Agreement”) between you (“User” or “Energy Healer Practitioner”, as defined below) and Zenkify Group Inc., (“Zenkify”, “we”, “us” or “our”).
 

What We Do
 

Zenkify offers an online platform to allow Energy Healer Practitioners and individual consumers (each, a “User”) to connect with each other (the “Services”) through our website located at https://Zenkify.com (the “Site”). By accessing or using our Site, you agree to comply with and be bound by these Terms, and any amendments thereon as published on the Site from time to time at https://Zenkify.co/terms/. These Terms govern your access to and use of the Site and the Services. If you do not agree to these Terms or any amendments to these Terms, you may not continue to use the Site or Services.
 

NOTICE REGARDING DISPUTE RESOLUTION:  THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN US ARE RESOLVED, INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT.  UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
 

Eligibility to Use the Site and the Services

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Zenkify that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
 

We reserve the right to suspend or terminate any User or Energy Healer Practitioner account and your use of the Services in our sole discretion.
 

Modification

Zenkify reserves the right, at its sole discretion, to modify these Terms, the Site, or any Services at any time and without prior notice. If we modify these Terms, we will update the “Last Updated Date” at the top of these Terms. You are responsible for regularly reviewing these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
 

Disclaimer of Medical Liability
 

THE SERVICES ARE OFFERED FOR INFORMATIONAL, EDUCATIONAL AND SCHEDULING PURPOSES ONLY, AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ZENKIFY DOES NOT PROVIDE THERAPY, MEDICAL ADVICE, OR MEDICAL OR DIAGNOSTIC SERVICES.
 

ZENKIFY SOLELY OFFERS AN ONLINE PLATFORM FOR ENERGY HEALER PRACTITIONERS AND USERS TO CONNECT ONLINE AND FOR USERS TO OBTAIN INFORMATION TO DETERMINE WHETHER SUCH USER WOULD LIKE TO ENGAGE ANY ENERGY HEALER PRACTITIONER. ZENKIFY DOES NOT EMPLOY, AND IS NOT RESPONSIBLE FOR THE ENERGY HEALER PRACTITIONERS. ZENKIFY SHALL NOT BE RESPONSIBLE FOR ANY ACT OR OMISSION OF ANY ENERGY HEALER PRACTITIONER OR USER. ZENKIFY’S RESPONSIBILITIES ARE LIMITED TO PROVIDING THE SITE AND THE SERVICES.
 

ENERGY HEALER PRACTITIONERS AND USERS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH EACH OTHER AND ANY AND ALL CLAIMS, INJURIES, ILLNESSES, DAMAGES, LIABILITIES AND COSTS (“CLAIMS”) SUFFERED BY YOU AS A RESULT OF YOUR INTERACTION WITH OR VISIT TO ANY SUCH ENERGY HEALER PRACTITIONER. YOU AGREE NOT TO IMPOSE OR ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM ZENKIFY WITH RESPECT TO ANY AND ALL SUCH CLAIMS. ZENKIFY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILE. ZENKIFY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ENERGY HEALING SERVICES OBTAINED THROUGH THE SITE AND/OR THE SERVICES. ACCORDINGLY, ANY ENERGY HEALING SERVICES OBTAINED BY A USER OR PROVIDED BY A ENERGY HEALER PRACTITIONER THROUGH THE SITE WILL BE MADE AT SUCH USER’S OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
 

The Site is not intended for diagnosis, including information regarding which drugs or treatment may be appropriate for you, and you should disregard any such drug treatment advice if delivered through the Site. You are advised to exercise a high level of care and caution using the Site.
 

You agree, confirm and acknowledge that you are aware that the Services do not substitute for a face-to-face session by a licensed qualified professional. You should never rely on or make health or well-being decisions purely based on this Site. You should never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare professional because of information or advice you receive through the Site. You understand alternative healings are complementary therapies and not substitute for standard chiropractic, dental, medical, mental health or psychotherapy treatment.
 

Any information presented on the Site by Energy Healer Practitioners, advertisers, and other Users is presented for your information and may not be appropriate for any particular individual or prediction of effectiveness, outcome or success. If you rely on any Content (as defined below) listed on the Site, you do so solely at your own risk. The Website may be linked to the website of third parties, affiliates and business partners. Zenkify has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Zenkify endorses the linked site. User may use the links and these services at User’s own risk. Zenkify assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
 

If you are thinking about suicide or if you are considering taking actions that may cause harm to you or to others or if you feel that you or any other person may be in any danger or if you have any medical emergency, please immediately call the applicable emergency service numbers and notify relevant authorities. You acknowledge, confirm and agree that the Site is not designed for use in instances of serious mental condition diagnosis or drug treatment.
 

Even though we take steps to verify the information provided to us by the Energy Healer Practitioners, we cannot guarantee the authenticity of such information, including medical degrees, licenses, certification, credentials, or background. We do not recommend or endorse any Energy Healer Practitioner, nor do we make any representation or warranty with respect to any such information or the quality of the services they may provide.
 

Site Access and Profiles
 

Users and Energy Healer Practitioners may voluntarily submit, and hereby authorize Zenkify, its employees, agents and others operating on its behalf, to use and/or disclose information about such User or Energy Healer Practitioner, as provided through messages or profiles, including, without limitation, certain information that personally identifies the individual, as further described in the Privacy Policy (“Personal Information”).
 

If you are a User, you may engage with the Site without providing Personal Information. However, if you would like to send a message to, or book a phone consultation with, Energy Healer Practitioner on the Site, you may be asked for Personal Information such as your first and last name, email address, and phone number which will be delivered to the Energy Healer Practitioner. By booking a phone consultation or sending a message through Zenkify’s form, you understand that your message will be sent by email, which is not a secure means of communication.
 

If you are Energy Healer Practitioner, you agree to work with Zenkify to create an online profile (“Profile”). Energy Healer Practitioners will provide Zenkify with information such as his or her name, educational background, and professional statement, and a Zenkify representative will create a Profile on the Site and update information on the Profile as requested going forward. Profiles will be made publicly available via the Site. A Energy Healer Practitioner may not have more than one (1) active Profile and each Energy Healer Practitioner agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Each Energy Healer Practitioner and User agrees not to disclose his or her username or password to his or her Profile to any third party and takes sole responsibility for any activities or actions under his or her respective Profile. Energy Healer Practitioners shall immediately notify us of any unauthorized use of a Profile. Zenkify reserves the right, at any time and without prior notice, to remove or disable access to any Profile and terminate Energy Healer Practitioner’s account and access to the Site and the Services for any reason, in its sole discretion.
 

We have no control over and cannot guarantee the availability of any Energy Healer Practitioner at any particular time or guarantee a particular Energy Healer Practitioner’s office hours. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever. Users are strongly advised to perform their own investigation prior to selecting Energy Healer Practitioner by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials, education, and to further verify information about a particular Energy Healer Practitioner by confirming with the Energy Healer Practitioner’s office. Users hereby acknowledge and agree that notwithstanding the assistance that the Services provided to Users in locating Energy Healer Practitioners, the ultimate decision to engage the services of Energy Healer Practitioner remains solely with the User, and each User hereby agrees to assume any risk inherent in utilizing the Services and/or deciding to actually engage, and use the services of, any Energy Healer Practitioner listed on the Site.
 

Content
 

We will use certain defined terms in this section and throughout these Terms as follows:
 

• “Energy Healer Practitioner Content” means Content that Energy Healer Practitioners submit or transmit to, through, or in connection with the Services, such as professional experience, certifications, messages and information that Energy Healer Practitioners publicly display in their Profiles.
   

• “Third Party Content” means Content that originates from parties other than Zenkify, Users or Energy Healer Practitioners, which is made available in connection with the  Site or the Services.
   

• “User Content” means Content that Users submit or transmit to, through, or in connection with the Services, such as recommendations, feedback, messages and information, including Personal Information.
   

• “Zenkify Content” means text, images, graphics, photos, audio, video, location data, information, suggestions, guidance, and all other forms of data, communication, or materials provided by Zenkify.
   

Users and Energy Healer Practitioners may have the opportunity to submit User Content and Energy Healer Practitioner Content, as applicable, including feedback regarding Users’ experiences with Energy Healer Practitioners who are featured on the Site, participation in the other interactive and community features of the Services, and updates to Profiles. Energy Healer Practitioner Content, Third Party Content, User Content and Zenkify Content shall be referred to collectively as “Content”.
 

It is important that you act responsibly when providing Content to the Site. In providing feedback, please give clear, honest information about your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity.
 

Energy Healer Practitioner Content
 

Energy Healer Practitioners are also subject to the following additional terms:
 

• Zenkify restricts participation in the Services to Energy Healer Practitioners who hold all certifications necessary to practice any specialty services offered to Users. If you are a Energy Healer Practitioner, you represent and warrant, by your continued use of the Services, that you hold all necessary certifications and will notify us promptly if any of this information changes;
   

• You represent and warrant that at all times your Energy Healer Practitioner Content will be complete and accurate;
   

• You acknowledge that Zenkify does not represent and has no control over Users.  Zenkify disclaims all warranties in and liability for, and you agree not to hold Zenkify liable for, the actions or inactions of Users, including, without limitation, negative feedback, failure to show up at the designated time for appointments, or failure to comply with these Terms;
   

• You acknowledge that, in providing the Services, Zenkify may: (i) update your Profile with information obtained from third party sources in consultation with you; (ii) contact you by phone, email, text, or other media; and (iii) take all other actions necessary to provide the Services and keep any Energy Healer Practitioner Content complete and current;
   

• You agree not to falsely express or imply that such Energy Healer Practitioner Content is sponsored or endorsed by Zenkify;
   

• Energy Healer Practitioner Content may not be unlawful or promote or encourage illegal activity; and
   

• You understand and agree that Zenkify may (but is not obligated to) review and delete any Energy Healer Practitioner Content that in the sole judgment of Zenkify violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of others.
   

As part of the Services, we reserve the right to publish information about such Energy Healer Practitioner’s services and any recommendations submitted by any User regarding the use of such Energy Healer Practitioner’s services, as well as to remove Energy Healer Practitioner Content for any reason. We are not, however, responsible for any failure or delay in removing Energy Healer Practitioner Content.
 

Energy Healer Practitioner Content is intended for general reference purposes only. Such Energy Healer Practitioner Content is both self-reported by the Energy Healer Practitioner and/or collected from other data sources that are generally confirmed by the Energy Healer Practitioner. Such Energy Healer Practitioner Content often changes frequently and may become out of date or inaccurate. We are not involved in or responsible for any of the services provided by the Energy Healer Practitioners.
 

Content Standards
 

These content standards apply to User Content and Energy Healer Practitioner Content. User Content and Energy Healer Practitioner Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Additionally, without limiting the foregoing, Content must not:
 

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
   

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
   

• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
   

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy.
   

• Be likely to deceive any person;
   

• Promote any illegal activity, or advocate, promote or assist any unlawful act;
   

• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
   

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
   

• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
   

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
   

Copyright Infringement
 

If you believe that any Content violates your copyright, please notify us with the claim of copyright infringement and we will respond expeditiously in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). It is the policy of Zenkify to terminate the Content of repeat infringers. 
 

The Services are offered solely for personal use for the purposes described in these Terms. Any and all other uses are prohibited. You agree not to (and not to allow any third party to):
 

• use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages, database records or other services contained in the Site, Services or Zenkify Content;
   

• use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
   

• take any action that imposes or may impose (in Zenkify’s sole determination) an unreasonable or a disproportionately large load on the Services or Zenkify’s infrastructure;
   

• interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
   

• systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
   

• attempt to probe, scan, or test the vulnerability of any Zenkify system or network or breach any security or authentication measures;
   

• use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity without their permission;
   

• copy, store or otherwise access any information contained on the Site or Services for purposes not expressly permitted by these Terms;
   

• use any portion of the Services or Zenkify Content to provide, or incorporate any portion of the Services or Zenkify Content into, any product or service provided to a third party;
   

• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
   

• modify any Services or Zenkify Content or create any derivative product from any of the foregoing;
   

• register for more than one Profile or register for a Profile on behalf of an individual other than yourself;
   

• use the Services or Zenkify Content for any illegal purpose;
   

• publicly disseminate information regarding the performance of the Services or Zenkify Content or access or use the Services or Zenkify Content for competitive analysis or benchmarking purposes; or
   

• advocate, encourage, or assist any third party in doing any of the foregoing.
   

Zenkify has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.  Zenkify may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Zenkify or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Zenkify, its Users, its Energy Healer Practitioners, or members of the public. You acknowledge that Zenkify has no obligation to monitor your access to or use of the Site or Services or to review any Zenkify Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
 

Authorization and Acknowledgment
 

In connection with using the Services for informational purposes and to locate and schedule appointments with Energy Healer Practitioners, you understand that, in Zenkify’s sole discretion:

• Zenkify may pre-populate the Services with information for Energy Healer Practitioners;
   

• Zenkify may select Energy Healer Practitioners to be featured on the Services based on pre-existing contractual agreements with the Energy Healer Practitioners and such selection is not an endorsement of such Energy Healer Practitioners;
   

• Zenkify may charge Energy Healer Practitioners a fee in order to be listed on the Site; and
   

• Zenkify will provide the User with a list of Energy Healer Practitioners whose Profiles match the healing modalities that the Users are seeking based solely on the information provided to Zenkify (such as geographical location, energy healing modalities and additional criteria that Users specify).
   

EACH USER IS ULTIMATELY RESPONSIBLE FOR CHOOSING HIS OR HER OWN ENERGY HEALER PRACTITIONER.
 

Pricing and Payment
 

The price for engaging the services of Energy Healer Practitioner will be listed in the Energy Healer Practitioner’s Profile. These prices are provided by the Energy Healer Practitioner to Zenkify and may be changed at the Energy Healer Practitioner’s discretion from time to time. While Zenkify will occasionally confirm the accuracy of pricing information with the Energy Healer Practitioners, we cannot guarantee the Energy Healer Practitioner’s exact pricing at any given time. Zenkify charges a subscription fee to all Energy Healer Practitioners listed on our Site. This subscription is monthly/ yearly commitment, and Energy Healer Practitioners are responsible for the remainder of the year if they cancel their yearly membership before the full year is up. Zenkify uses Stripe's software and APIs to accept payments and send payouts .Stripe is a secured third party tool used for payment gateway. Zenkify is authorized to collect payment on behalf of the Energy Healer Practitioners via Stripe and further process the payment to the Energy Healer’s Account via Stripe Payment Gateway and other payment methods. Zenkify may serve as a limited payment collection agent of the Energy Healer Practitioners. 
 

Trademarks
 

Zenkify name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Zenkify or its affiliates or licensors. You may not use such marks without the prior written permission of Zenkify. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
 

License
 

By making Content available on or through the Site or Services, you hereby grant to Zenkify a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify (for formatting purposes only), distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access and otherwise exploit such Content on, through or by means of the Services, including for commercial, advertising and promotional purposes relating to the Services.
 

Subject to your compliance with these Terms, Zenkify grants you a personal, revocable, limited, non-exclusive, non-transferable license to (i) access and view any Zenkify Content solely for your personal and non-commercial purposes when you are using the Services; (ii) access and view any Content that belongs to other Users or Energy Healer Practitioners to which you are permitted access, solely for your personal and non-commercial purposes when you are using the Services; and (iii) access and use the Services via an industry standard consumer web browser solely for the purpose of receiving information and scheduling communications with the Energy Healer Practitioners, as permitted herein. You have no right to sublicense the license rights granted in this section.
 

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Zenkify Content or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Zenkify or its licensors, except for the licenses and rights expressly granted in these Terms.
 

The Zenkify Content may be modified from time to time by Zenkify in its sole discretion and without notice.
 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Zenkify. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
 

Links to Third Party Websites
 

The Site and the Services may contain links to third-party websites or resources. You acknowledge and agree that Zenkify is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Zenkify of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
 

Termination
 

Zenkify may suspend or terminate your ability to use all or any element of the Services or the Site or may terminate these Terms effective immediately, without any notice or explanation, in its sole discretion. Without limiting the foregoing, Zenkify may suspend your access to the Services if we believe you to be in violation of any part of these Terms. After any suspension or termination, you may or may not be granted permission to re-establish a Profile. You agree that Zenkify shall not be liable to you for the cancellation of your account or termination of your access to the Site and the Services or for any effects of such termination. You may cancel your account at any time by sending an email to hello@Zenkify.com.  Please note that if your account is cancelled, we do not have an obligation to delete or return to you any Content you have submitted through the Site.
 

Limitation of Liability
 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZENKIFY BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (A) THESE TERMS, (B) ANY USE OF THE SITE OR THE SERVICES, (C) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES), (D) USE OF ANY SERVICES PROVIDED BY A ENERGY HEALER PRACTITIONER OR THE PERFORMANCE, NON-PERFORMANCE OR CONDUCT OF ANY ENERGY HEALER PRACTITIONER IN CONNECTION WITH THE SERVICES, OR (E) TERMINATION BY ZENKIFY OF YOUR ACCESS TO THE SITE AND THE SERVICES. ZENKIFY IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY ENERGY HEALER PRACTITIONER LISTED IN THE SITE.
 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
 

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED $100.
 

You and Zenkify understand and agree that the disclaimers, exclusions and limitations in this Section titled “Limitation of Liability” and in the Section below titled “Disclaimer of Warranties” are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that Zenkify would be unable to make the Services available to you except on these Terms and hereby agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
 

Disclaimer of Warranties
 

THE SITE AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND. ZENKIFY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ZENKIFY CONTENT OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES.  ZENKIFY SHALL NOT BE LIABLE FOR DELAYS OR INTERRUPTIONS OF ANY COMMUNICATION, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ZENKIFY. ZENKIFY DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ZENKIFY MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.
 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ZENKIFY OR THROUGH THE SITE OR THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
 

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
 

Indemnification
 

You agree to defend, indemnify, and hold harmless Zenkify and its affiliates and subsidiaries, and their officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Site and the Services; (b) violation by you of these Terms; (s) your Content; and (d) your engagement and use of any services provided by a Energy Healer Practitioner, including but not limited to, any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a your engagement and use of any services provided by a Energy Healer Practitioner.
 

Release
 

By using the Site and the Services you agree to release, discharge and hold harmless Zenkify and its subsidiaries and affiliates from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Site, the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any Content posted on the Site.
 

Governing Law and Jurisdiction
 

All matters relating to the Site and the Services and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Idaho without giving effect to any choice or conflict of law provision or rule (whether of the State of Idaho or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, the Site or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
 

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.
 

Limitation on Time to File Claims
 

To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Site and the Services within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
 

BINDING ARBITRATION AGREEMENT AND CLASS WAIVER DISCLOSURE
 

Agreement to Arbitration; Class Waiver:  You and we agree, except as provided below regarding small claims court proceedings, any dispute, claim or controversy arising out of or relating in any way to the Site, the Services and the Content, including, but not limited to, our Privacy Policy and/or our privacy practices generally, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms.
 

Pre-Filing Mediation.  In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by overnight courier, a written Notice of Claim (“Notice”). If you are the claimant, the Notice to us must be emailed to hello@Zenkify.co.  If we are the claimant, the Notice must be sent to the address we have on file for you in your account.  The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought.  Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.
 

Additional Arbitration Provisions:
 

(a) Settlement Offers:  During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator.
 

(b) Initiating a Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org.  Alternatively, you may contact the arbitration administrator by calling 1-800-778-7879 or writing to the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271.
 

(c) Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after We receive notice of the initiation of arbitration, we will promptly reimburse you for your payment of the filing fee at the address provided in the Notice, unless your claim is for greater than US$10,000.
 

(d) Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or writing to the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.
 

(e) Location of Hearing:  Unless you and we agree otherwise, any arbitration hearings will take place in New York, New York. If your claim is for US$10,000 or less, we agree you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
 

(f) Class Waiver:  YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by any individual, then the entirety of the arbitration provision set forth herein shall be null and void.
 

(g) Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim.
 

(h) Small Claims Procedure Alternative:  Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.
 

Opt-Out Provision. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE THE SERVICE (OR, FOR CURRENT USERS AND ENERGY HEALER PRACTITIONERS, THIRTY (30) DAYS FROM THE DATE WHEN THIS PROVISION WAS FIRST POSTED ON THE SITE) BY WRITING TO HELLO@ZENKIFY.COM. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THESE TERMS.
 

Entire Agreement
 

These Terms, together with our Privacy Policy, Photography Terms and the Copyright Policy, as well as the Service Provider Agreement between each participating Energy Healer Practitioner and Zenkify (as applicable), constitute the entire and exclusive understanding and agreement between Zenkify and you regarding the Site and the Services, and all together, such policies and agreements supersede and replace any and all prior oral or written understandings or agreements between Zenkify and you regarding the Site and the Services.
 

Severability
 

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Terms shall continue in effect.
 

Waiver
 

The failure by Zenkify to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed by a duly authorized representative of Zenkify. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
 

Electronic Communications
 

All information communicated as part of the Service is considered an electronic communication. When you communicate with us through the Site or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “CONTINUE”, “REGISTER”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
 

Your Comments and Concerns
 

This Site is operated by Zenkify LLC If you have any questions about these Terms or if you wish to report a problem to us regarding the Site, a User, or a Energy Healer Practitioner listed on our Site, please contact us at hello@Zenkify.com