1. General – These General Terms and Conditions of Use (“Terms”) are entered into by and between you and Zen Stoic (“ZS”). This Agreement governs the relationship between ZS and you, our site visitor (“you” or “your”), with respect to your use of zenstoic.com and related websites (“X Site”) as well as your purchase of any services from the ZS Site. By visiting or using the ZS Site, including without limitation to (i) accessing, using, and/or downloading Information, (ii) sending messages, information, data, text, software, images, or other Information to the ZS Site, or (iii) otherwise using, accessing, or purchasing any Services, you agree to accept and abide by this Agreement. In consideration of your use of and access to the ZS Site (and the promises and obligations herein, and intending to be legally bound), you and ZS hereby agree as follows: Your access to and use of the ZS Site is subject to these Terms, any modifications issued by ZS to these Terms, and all applicable laws and regulations. By using the ZS Site, you agree to and will be deemed to be bound by these terms. If you do not want to be bound by these Terms, do not use the ZS Site. Among other things, ZS provides information concerning various products and services as well as the opportunity to obtain additional information concerning those products and services or to purchase them.

2.Professional Advice – The information available on or through use of the ZS Site, including but not limited to data, text, articles, content, software, images, graphics, photographs, audio and video clips, links, references, and other materials (collectively, “Content”) is provided for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Content is not intended to be a substitute for professional legal, accounting, or investment advice. Always seek the advice of a qualified medical, legal, accounting, or investment professional with any questions you may have regarding their respective areas of expertise. Do not disregard professional medical, legal, accounting, or investment advice or delay seeking it because of Information on the ZS Site. Reliance on any Content is solely at your own risk.

3.Changes in Terms – ZS shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the ZS Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting the revised or additional Terms & Conditions on the ZS Site. You are responsible for reviewing the Terms periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by ZS to these Terms. Any access or use of the ZS Site by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions. No modification to these Terms by any party other than ZS shall be valid or enforceable against ZS unless expressly agreed to by ZS in a writing signed by a duly authorized officer of ZS.

4.Termination – These Terms are effective until terminated by ZS. ZS may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the ZS Site. Furthermore, the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. ZS shall also have the right without notice and at any time to terminate the ZS Site, any portion thereof, or any products or services offered through ZS or the ZS Site, or to terminate any individual’s right to access or use the ZS Site or any portion thereof.

5.Compliance With Laws – You agree to comply with all applicable international laws, statutes, ordinances, and regulations regarding your use of the ZS Site and your purchase of the items on the ZS Site.

6.Content – Content is defined above in Section #2. The Content may contain errors, omissions, or typographical errors or may be out of date. ZS may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on ZS in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all ZS is protected by copyright, trademark, common law, and other proprietary rights that are owned by ZS or by third parties that have licensed their use to ZS. You may view and use the Content only for your personal information, shopping, and ordering on the ZS Site, and for no other purpose. You must retain all trademark, copyright, and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the Terms of this Agreement and shall remain the property of ZS and/or its licensors and/or suppliers. Except as provided in the foregoing, ZS does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the ZS Site, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by ZS, is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the ZS Site or any services or Information. Nothing contained on the ZS Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ZS’s, its licensors’, its suppliers’, and/or third-party owners’ trademarks or copyrights without the express written permission of the respective entity that owns said Content.

7. Third-Party Links – The ZS Site contains links to other web sites for your convenience. ZS has not fully reviewed the web sites that are linked to the ZS Site and does not control such sites or their content. Your use of linked web sites is subject to the privacy practices and terms of use established by the specific linked site, and ZS disclaims all liability associated therewith. The presence of such third party links does not indicate any approval or endorsement by ZS of any linked web site or any material contained within the third party linked web site, and we disclaim any such approval or endorsement.

8.Code of Conduct – You agree not to:

*Engage in phishing or spamming

*Transmit (a) any content or information that is unlawful, deceptive, threatening, vulgar, derogatory, harassing, defamatory, invasive of the privacy rights of others, or otherwise objectionable (b) any content that infringes our or any third party’s intellectual property or other legal rights; (c) any material, non-public information about companies without the authorization to do so; (d) any trade secret of any third party; or (e) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication;

*Restrict or inhibit any other visitor from using the ZS Site, including, without limitation, by means of “hacking,” DDoS, or defacing any portion of the ZS Site;

*Express or imply that any statements you make are endorsed by us, without our prior written consent;

*Upload any files and/or other information that contain any virus, worm, script, or program designed to damage or allow unauthorized access to the service or the ZS Site;

*Remove any copyright, trademark, or other proprietary rights notice contained in or on the ZS Site or Content obtained from the ZS Site;

*Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the ZS Site or Content;

*Use the ZS Site, Content, or services in any manner that is unlawful, including accessing the ZS Site, Content, and/or services from any location where such access may be illegal or otherwise prohibited;

*”Frame” or “mirror” any part of the ZS Site without our prior written authorization;

*Use any spider, site search/retrieval application, robot, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the ZS Site or its contents;

*Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content; and/or

*Harvest or collect information about the ZS Site visitors or members without their express consent.

9.Purchases – Policies for purchases are described below:

*If you wish to purchase products or services described on the ZS Site, you will be asked by us or the third-party vendor to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by us in the manner described in our Privacy Policy. You agree that all information that you provide to us or such third party vendor will be true, accurate, current, and complete.

*You agree to pay all fees and charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

*All amounts appearing on the ZS Site are quoted in U.S. dollars. ZS will add shipping and handling fees as well as applicable sales/use tax. Payments must be made using a valid credit card. Credit card payments are processed by a third-party payment processor hired by ZS. ZS reserves the right, without prior notice, to discontinue or change specifications and prices on products and services offered on the ZS Site without incurring any obligation to you. Products displayed on the ZS Site are available while supplies last. The receipt by you of an order confirmation does not constitute ZS’s acceptance of an order. Prior to ZS’s acceptance of an order, verification of information may be required. ZS reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from ZS, for any reason. ZS reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

*We reserve the right, without prior notification, to change our Shipping and Return policies at any time.

10.Copyright Infringement Claims – Please submit any claims of copyright infringement, along with supporting documents, to [email protected]. They will be investigated promptly and necessary action taken to prevent any infringement of copyright.

11.Automatic License – You hereby automatically grant a non-exclusive license to ZS with regard to you submit for the term of your copyright or other legal rights, and you agree that materials be used by ZS as it may determine and at its sole discretion. Oculus reserves the royalty-free right to sub-license, reproduce, disclose, transmit, publish, broadcast, and/or distribute electronically any such materials, including but not limited to, education, publicity, and promotion.

12.Lack of Warranty Disclaimer – To the fullest extent possible under law, (a) the ZS Site (including all Content) and any services are provided “as is” and without warranties of any kind, either express or implied; and (b) ZS and its affiliates, agents, service providers, employees, officers, directors, consultants, representatives, licensors, suppliers, advertisers, sponsors, successors, and assigns (collectively, “ZS’s Representatives”) disclaim all warranties, express or implied, including, without limitation, the implied warranties of title, non-infringement accuracy, completeness, merchantability, quality, and fitness for a particular purpose, as well as any warranties that may arise from course of dealing, course of performance, or usage of trade, and any warranties that the information and ZS Site is current. ZS and ZS’s Representatives do not warrant that the information, the ZS Site or services, nor your use of the foregoing, will be complete, accurate, current, reliable, uninterrupted, error-free, or secure, nor that defects will be corrected, nor that the ZS Site or the server(s) on which the ZS Site is hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed to access and use the ZS Site, as well as all charges related thereto. You assume all responsibility and risk for your use of the ZS Site, services, Content, and your reliance thereon. No opinion, advice, or statement of ZS or any of ZS’s Representatives, whether made on or in connection with the ZS Site, services, or Content shall create any warranty unless expressly stated otherwise in writing.

Some states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the services or Content notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date, shall terminate automatically at the end of such period, and shall be disclaimed and excluded to the fullest extent permitted by law. You may also have other rights under applicable law which vary from state to state.

13.No Obligation to Verify – ZS and ZS’s Representative are under no obligation to verify the identity of users of ZS’s Site, services, and/or Content. You should use caution and common sense when using the ZS Site.

14.Disclaimer of Commercial Risk – Through your use of the ZS Site, services, and/or Content, you may have the opportunity to engage in commercial transactions with third parties. All such transactions are at your own risk. ZS’s Representatives are not parties to any such transactions and disclaim all liability regarding all such transactions.

15.Limitation of Liability – Notwithstanding the failure of essential purpose of any limited remedy of any kind, neither ZS nor any of ZS’s Representatives are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages or liabilities under any contract, negligence, strict liability, or other theory arising out of or relating in any manner to the ZS Site, Content, services, and/or any linked site, whether or not we have been informed of the possibility of such damages or liabilities. Your sole remedy with respect to this Site, the Content, ZS services, or any linked site is to stop using the ZS Site, service, or linked site. ZS’s sole and exclusive maximum liability to you for all damages, losses, cause of action, whether in contract, tort (including, without limitation, negligence), or otherwise arising out of or relating in any manner to the Site, shall be the amount paid by you for use of the Site, Content, and/or services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

16.Indemnification – You agree to fully indemnify, defend and hold ZS and any of ZS’s Representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from your breach of this Agreement and/or your activities in connection with the ZS Site.

17.Ability to Contract – You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are under eighteen (18) years of age, then you must obtain permission from a parent or guardian before accessing the ZS Site.

18.Jurisdiction – This Agreement is governed by and construed in accordance with the laws of the State of Texas, United States of America, without giving effect to any principles of conflicts of laws. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the City of Austin, County of Travis, State of Texas, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. All disputes shall be resolved in the English language.

19.Severability – If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

20.Entirety of Agreement – This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter.

21.Transferability – This Agreement or any right, obligation or remedy hereunder is not assignable, transferable, delegatable, or sub-licensable by you except with ZS's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. ZS may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.

22.Extent of Waivers – No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

23.Incorporation of Privacy Policy – You hereby acknowledge that you have carefully read all of the terms and conditions of the ZS Privacy Policy, which can be accessed below, and agree to all such terms and conditions.

24.Miscellaneous – Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Throughout this agreement, the singular shall include the plural and the plural the singular. Should you have any questions, comments, or complaints regarding this Agreement or the ZS Site, please email us at [email protected]