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Important
Legal Information
Use of this Web Site constitutes your acceptance of the following
Thank you for visiting www.beyondzen.com. This Web Site is owned and
provided by The Beyond Zen, LLP ("Beyond Zen"). Please understand
that all services provided by Beyond Zen through this Web Site, including
the sale of any products, are provided subject to the following terms
and conditions. BY USING THIS WEB SITE, WHETHER BY PURCHASING ANY PRODUCTS
FROM OUR SITE OR BY DOWNLOADING ANY INFORMATION OR MATERIALS FROM THE
SITE OR OTHERWISE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
AND AGREE THAT YOU WILL BE BOUND BY AND SUBJECT TO THESE TERMS AND CONDITIONS.
In the event of a violation of any of these terms and conditions, Beyond
Zen reserves the right to deny future access to the Web Site and to
seek all remedies available at law and in equity.
Trademarks, Copyright, etc.
This Web Site is owned and operated by Beyond Zen. The material included
herein, including without limitation all content, text, graphics, artwork,
photographs, site design, logos, icons, images, audio or video clips,
code, scripts and software (collectively, the "Materials"),
is the property of Beyond Zen and/or its content suppliers and is protected
by the trademark, copyright and other intellectual property laws of
the United States and other countries. The selection, arrangement and
compilation of all of the foregoing in the manner depicted is also the
property of Beyond Zen and is protected by said laws. ALL RIGHTS ARE
EXPRESSLY RESERVED. No right, title or interest in and to the materials
is conveyed or granted to you. You may not copy, reproduce, republish,
transmit, disseminate, distribute, display, post, modify, create derivative
works from, sell, license or otherwise use or exploit in any way whatsoever
any Materials or other content from this Web Site without the prior
written consent of Beyond Zen. Without in any way limiting the foregoing,
you agree not to use the Web Site or any Materials for any commercial
or competitive purposes or for any other purposes which may be harmful
or detrimental to Beyond Zen or its business.
Beyond Zen retains all rights to its trademarks, trade names, brand
names, trade dress and other such intellectual property, including without
limitation Beyond Zen®, which is registered and/or common law trademarks
of Beyond Zen in the United States. The trademark, together with all
associated service marks, slogans and other Beyond Zen product names,
graphics, logos, service names and custom icons are included within
the intellectual property of Beyond Zen and all rights thereto are expressly
reserved. Beyond Zen's trademarks and intellectual property may not
be used by any third party without the express written permission of
the company and, without limiting the foregoing, may not be used in
connection with any product or service or in any manner that is likely
to or may dilute the strength of the trademark, disparage or discredit
Beyond Zen or its products and services, or cause confusion among consumers.
Any other trademarks that appear on this site and are not owned by Beyond
Zen are the property of their respective owners.
Metatags, Hidden Text, Linking or Framing
Beyond Zen expressly prohibits any use of our trademarks, trade names
or brand names in metatags, keywords and/or hidden text. The use of
our trademarks, trade names or brand names in metatags, keywords or
hidden text constitutes trademark infringement, and the use of any of
the foregoing for purposes of gaining higher rankings in search engines
constitutes unfair competition. Linking to this Web Site, or any page
or portion thereof, without the prior written consent of Beyond Zen
is expressly prohibited. Likewise, framing, in-line linking or other
methods of association of the Beyond Zen Web Site or its Materials with
any other site, advertisement, link or other information or materials
not originating from this Web Site is expressly prohibited.
Subject to Change
Beyond Zen reserves the right to make changes or modifications to this
Web Site or to any of the terms, conditions, disclaimers and policies
referenced herein, and to add or remove any portion of the site, including
any portion of these Terms and Conditions, at any time, in its sole
discretion and without notice. All such changes shall be effective immediately
upon posting. You should review these terms and Conditions frequently,
as your use of the Web Site following any changes to these Terms and
Conditions shall constitute your acceptance of and agreement to be bound
by the revised terms and Conditions whether or not you have actually
reviewed them. Beyond Zen may in its sole discretion terminate, suspend
or discontinue any aspect of the Web Site, including the availability
of any features or products, at any time and without notice or liability.
Beyond Zen may also restrict your access to all or any portion of the
Web Site without notice or liability.
Products and Prices
Without limiting the generality of the foregoing section (Subject to
Change), the price and availability of any products contained or referenced
on this Web Site is subject to change at any time and without notice.
As noted elsewhere herein, Beyond Zen is not responsible for any typographical
errors, which specifically includes those relating to the price or size
of an item.
All prices displayed on this site apply only to the products and services
available on the Web Site and may not necessarily reflect the prices
of such products or services, or similar items, available through retail
stores, catalogs or otherwise. Prices are at all times subject to availability
and nothing herein shall constitute an "offer to sell." We
at all times reserve the right to limit the quantity of any item sold
or to refuse a requested order altogether. Without limiting the generality
of the foregoing, we specifically reserve the right to refuse to sell
to any person or entity known or believed by us to be a reseller of
our products. The receipt of an e-mail confirmation of your order is
simply an acknowledgement that we have received your requested order
and does not constitute an offer to sell.
Applicable Law
This Web Site is created, controlled and maintained by Beyond Zen in
Colorado. Accordingly, the laws of Colorado shall in all events govern
any disputes relating to this Web Site, including those relating to
any transaction conducted hereon, and shall likewise govern the terms,
conditions, disclaimers, policies and notices contained herein, all
without giving effect to any conflict of laws principles. Beyond Zen
makes no representations as to the compliance of the Web Site or its
terms and conditions with any applicable law. If you choose to access
the Web Site from outside of the United States you do so at your own
risk and are responsible for compliance with all applicable laws. You
may not use the Web Site in violation of U.S. export laws.
By using this Web Site, including by virtue of purchasing products hereon,
you agree to submit to the jurisdiction of Colorado and agree that it
shall serve as the sole and exclusive venue for any disputes relating
to this Web Site. Any claim or cause of action brought by you with respect
to matters related to the Web Site, including these terms and conditions,
must be brought in a state or federal court located in Colorado and
must be commenced no later than one year after the claim arises.
If any provision of these terms and conditions is deemed to be void,
unlawful or unenforceable for any reason, all other provisions contained
herein shall remain in full force and effect. These terms and conditions
constitute the entire agreement between the parties as to matters relating
to this Web Site and may only be modified by a writing signed by both
parties.
Third Party Sites
As a convenience to you, and for informational purposes only, Beyond
Zen may from time to time provide links to web sites operated by other
entities unrelated to Beyond Zen. If you use any such link, you acknowledge
that you will be leaving this Web Site to visit another. If you decide
to visit any linked site, you do so at your own risk. Beyond Zen expressly
disclaims any responsibility, liability, warranty or representation
regarding any linked site or the information, materials, content, products
or services contained in or provided by such site. Moreover, providing
such a link in no way implies that Beyond Zen endorses or adopts any
information, articles, products, services, or other materials appearing
on or provided by the linked site, and Beyond Zen expressly disclaims
any such endorsement.
Disclaimer of Warranties
THIS WEB SITE AND THE MATERIALS, CONTENT AND PRODUCTS PROVIDED HEREIN
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
BEYOND ZEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE
WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB
SITE OR THE CONTENT, MATERIALS, PRODUCTS AND SERVICES PROVIDED HEREIN,
AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT ALLOWED BY LAW ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT
OR ANY WARRANTY OR REPRESENTATION THAT THE OPERATIONS AND FUNCTIONS
OF THIS SITE SHALL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS
WILL BE CORRECTED.
Where applicable law does not allow the exclusion of implied warranties,
the foregoing exclusions may not apply to you.
Without limiting the generality of the foregoing, this Web Site and
the Materials contained herein may contain inaccuracies and typographical
errors. Beyond Zen does not warrant the accuracy or the completeness
of the Materials or the reliability of any advice, opinion, statement
or other information displayed or distributed through this Web Site.
Any reliance on any of the foregoing shall be at your sole risk.
Disclaimer of Liability
IN NO EVENT SHALL BEYOND ZEN, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES,
BE IN ANY WAY LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER,
ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE
OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEB
SITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE
FORESEEABLE OR IF BEYOND ZEN WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
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