Zenith Health Solutions Terms & Conditions of Use. Please review carefully.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU USE OUR SERVICES.
Who Can Use Our Services
Our Site and Services are not intended for use by individuals under the age of 18 (a “Minor”) unless a Minor has obtained prior consent to use our Site or Services. Use of our Site or Services by a Minor without such consent is strictly prohibited. Zenith specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any Client. We will have no liability resulting from any use of our Site or Services by any Minor.
Zenith offers three categories of products and services:
- Corporate Wellness Program (“Corporate Wellness Program”);
When you participate one of our Corporate Wellness Programs, you will receive a structured, customized plan with company-wide wellness initiatives including, but not limited to, educational seminars and health promotion events, as well as informational materials regarding company-wide wellness initiatives including, but not limited to, calendar of events and reminders, relevant infographics, and informational articles as needed. Individualized one-on-one wellness coaching to interested individuals in the areas of nutrition, fitness, habit building, behavior modification, and mindset enhancement is also available.
Zenith aims to connect you with a Coach who is best suited based on the information about your company’s health and budget goals, and other information that you provide us when you register for our Services. If you would like to change your Coach, please contact us at firstname.lastname@example.org. Zenith reserves the right to change your Coach at any time, at our sole discretion.
2. Online Wellness Coaching (“Zenith Online Coaching Programs”)
Zenith offers an online, fully customizable nutrition, fitness, habit, behavior, and mindset enhancement program with one of our experts (a “Coach”) to help make adjustments to your program and keep you on track. Your Coach will adjust your Zenith Online Coaching Program experience based on the information that you provide to us.
Zenith aims to connect you with a Coach who is best suited based on the information about your health and goals, and other information that you provide us when you register for our Services. If you would like to change your Coach, please contact us at email@example.com. Zenith reserves the right to change your Coach at any time, at our sole discretion.
3. In-Person Wellness Coaching (“Zenith Live Coaching Programs”)
Zenith offers in-person, fully customizable nutrition, fitness, habit, behavior, and mindset enhancement coaching as an addition to many standard Corporate Wellness Programs with one of our experts (a “Coach”). Your Coach will adjust your Zenith Live Coaching Program experience based on the information that you provide to us.
Zenith aims to connect you with a Coach who is best suited based on the information about your health and goals, and other information that you provide us when you register for our Services. If you would like to change your Coach, please contact us at firstname.lastname@example.org. Zenith reserves the right to change your Coach at any time, at our sole discretion.
You agree to pay, and authorize Zenith’s third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your subscription to use our Services or purchase our products. All fees are in US Dollars and are non-refundable except as required by law. Zenith is not responsible for charges or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are past due.
Note that if you participate in one of our Services through one of our Corporate Wellness Program Clients, payment responsibility may lie with your employer. Please address all payment questions to your Coach and/or HR Respresentiative.
Wherever possible, we collect personal information directly from you. Where applicable, we may also obtain information about you from other sources. That is, if you register for any of our Zenith Coaching Programs via a third-party social media network, you authorize Zenith to collect from the third-party network the personal information you provided in your third-party network account so that we may pre-populate the registration and other relevant fields of your Zenith Coaching Program user profile. Your use of third-party networks remains subject to the terms and conditions and policies you have agreed to with such third-party network providers.
Our Money Back Guarantee and Refunds
Clients of our Corporate Wellness Programs should refer to your Corporate Wellness Coordinator Contract for any Money Back Guarantees or Refund processing requests.
For Clients of our Zenith Coaching Programs, we want you to get as much out of our program as possible. We guarantee that you will benefit from our Zenith Coaching Programs or we will provide you with a full refund after your completion of the program as long as you (the “client“) have completed all components of the program with a minimum 80% adherence rate. This includes lessons, workouts, habit tracking, scheduled meetings, measurement tracking, and other assignments & requirements as assigned by your Coach.
If you wish to receive a full refund for these Services or have any questions about our money back guarantee, please contact us at email@example.com.
Content Rights and Ownership
All content provided or otherwise made available by Zenith through the Services and the Site, including but not limited to text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to Zenith and is protected by intellectual property rights and unfair competition laws within and outside of the United States. Content also includes any Content that Clients provide or make available through our Services and Site (“Client Content”).
By making Client Content available through our Services and Site, you hereby grant Zenith a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, reproduce, modify, adapt, translate, create derivative works based upon, distribute, publicly display, perform, distribute and communicate by means of telecommunication your Client Content in connection with operating and providing our Services, Site, and Content to you and other Clients.
You can request removal of your Client Content by contacting us at firstname.lastname@example.org and specifically requesting deletion of it. However, in certain instances, some of your Client Content may not be completely removed and copies of your Client Content may continue to exist on the Services or the Site as required by law.
Trademarks and Trade Names
All trademarks, service marks, trade names, logos and graphics (“Marks”) used in our Services or on the Site are registered or common law trademarks of Zenith. You may not make any use of any Marks without the prior written consent of Zenith.
We would love to hear from you, and welcome any feedback, comments and suggestions you may have to improve our Services and/or our Site (“Feedback”). You can submit Feedback by emailing us at email@example.com. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
General Prohibitions and Acceptable Usage
To foster a positive and welcoming community for our Services and on the Site, Zenith has established the following rules of use. You agree you will not:
- Permit any other person (other than an agent acting solely on your behalf and subject to your direct supervision) to access the Services or the Site using your account for any purpose;
- Attempt to access another person’s account, including, without limitation, attempts to use another person’s credentials to create an account for our Services or the Site, unless you are acting solely on behalf on another person pursuant to a written agency agreement detailing this permission;
- Create multiple accounts under different names or emails, or re-register an account that was previously terminated by Zenith;
- Post, upload, publish, submit or transmit any Content through our Services or the Site that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Post, upload, publish, submit, transmit, or communicate, in any manner or forum, content directly to and/or about Zenith employees that: (i) is defamatory, obscene, pornographic, vulgar or offensive; (ii) promotes discrimination, bigotry, racism, hatred, harassment or harm; (iii) is violent or threatening or promotes violence or actions that are threatening or perceived to be threatening.
- Use, display, mirror or frame the Services, or any individual element within the Services, Zenith’s name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page on our Site or in the Services, without Zenith’s express written consent;
- Access, tamper with, or use non-public areas of the Services and the Site, Zenith’s computer systems, or the technical delivery systems of Zenith’s providers;
- Attempt to probe, scan, or test the vulnerability of any Zenith system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Zenith or any of Zenith’s providers or any other third party (including another Client) to protect the Services, Site, or Content;
- Interfere with, or attempt to interfere with, the access of any Client, host or network, including, without limitation, intentionally posting or transmitting to or through the Services or the Site any file that contains a virus, bug, worm, Trojan horse, disabling device or any other contaminating or destructive feature;
- Attempt to access or search the Services, Site or Content or download Content from the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Zenith or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation through our Services;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Site, or Content to send altered, deceptive or false source-identifying information;
- Use any meta tags or other hidden text or metadata utilizing a Zenith trademark, logo URL or product name without Zenith’s express written consent;
- Collect or store any personally identifiable information from the Services or the Site from other Clients without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
The sender of any communication in or through our Services or the Site shall be solely responsible for the content and information contained therein, including, without limitation, its truthfulness, accuracy and completeness. Although Zenith reserves the rights to monitor, record, edit or remove any content within our Services or the Site, Zenith has no obligation or responsibility to do so. In addition, Zenith shall not be liable or responsible to any Client, Coach or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.
No Professional or Medical Advice; No Doctor-Patient Relationship
OUR COACHES ARE NOT HEALTHCARE PROFESSIONALS. OUR SERVICES AND THIS SITE DO NOT PROVIDE OR OFFER, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT (“MEDICAL ADVICE”). Zenith provides the services for informational purposes only. Based on information that you request and/or provide to us, Zenith provides you: (i) access to general health education and information; (ii) nutritional and other fitness advice from our Coaches; and (iii) references to other resources. While Zenith believes that the information provided through our Services and the Site is current and reliable, Zenith cannot and does not make any such guarantee or warranty.
YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS ARISING FROM CHANGES IN YOUR DIET OR LIFESTYLE. Our Services are not intended to be used by Minors or individuals with health conditions that makes the kind of changes to diet or lifestyle suggested by our Services unsafe or inappropriate.
Furthermore, Zenith shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. Zenith shall not be liable to you for your reliance on any information obtained through the use of the Services or this Site, and Zenith disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by Zenith’s gross negligence or wilful misconduct.
Assumption of Risk and Disclaimer
FURTHER, USING THE SERVICES MAY INVOLVE THE RISK OF PHYSICAL OR MENTAL INJURY OR ILLNESS. SPECIFIC RISKS VARY FROM ONE DIET OR LIFESTYLE CHANGE TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES OR ILLNESS TO MAJOR INJURIES OR ILLNESS.
ZENITH HEARBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED BY OUR CLIENTS.
Limitation of Liability
IN NO EVENT SHALL ZENITH, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE: (I) TO YOU FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR GOODWILL, LOSS OF PROGRAMS, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR COST OF SERVICE INTERRUPTIONS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, THIS SITE, THE SERVICES MOBILE APPLICATION SOFTWARE (IF ANY) AND ANY AND ALL EQUIPMENT OR DEVICES RECEIVED BY YOU AS PART OF YOUR USE OF IN THE SERVICES, EVEN IF ZENITH OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) TO ANY PERSON OTHER THAN YOU FOR ANY DAMAGES WHATSOEVER.
IN ADDITION, ZENITH DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER CLIENTS OR UNAUTHORIZED USERS (E.G., “HACKERS”) OF THE SERVICES. EXCEPT WHERE DUE TO ZENITH’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IN NO EVENT SHALL ZENITH BE LIABLE TO YOU OR ANYONE ELSE FOR ANY AMOUNT IN EXCESS OF THE AMOUNTS PAID BY YOU (OR BY A THIRD PARTY ON YOUR BEHALF, AND ONLY TO THE EXTENT SUCH AMOUNT IS DIRECTLY ATTRIBUTABLE TO YOU AND NOT ANOTHER CLIENT) TO ZENITH FOR ACCESS TO THE ONLINE SERVICES AND THIS WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.
You may terminate your participation in our Zenith Coaching Programs at any time by contacting us at the emails specified above. In the event that you cancel your account, Zenith shall not be required to provide you with a refund or other compensation.
Dispute Resolution and Governing Law
Regardless of any statute or law to the contrary, any claim or cause of action against Zenith arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have a dispute with one or more of our other Clients, you release Zenith from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Links to Third Party Websites
Our Services may contain links to third-party websites, social media platforms or other resources, but these links and sites do not form part of our Services. We provide these links only as a convenience to you and are not responsible for the content, products or services available from those websites or resources or links displayed on such sires. Zenith does not endorse or control any information accessed on or from any third-party website and assumes no responsibility for any material which may be accessed through such links. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. Please make sure to review the applicable agreements and policies when visiting any third-party websites, including different policies with respect to the use, collection and disclosure of your Personal Information.
Internet Service Provider Charges and Other Charges
You are responsible for all mobile, cable or other internet service provider charges incurred by you for connecting to the Services or the Site, and Zenith assumes no responsibility or liability for any such charges, including, but not limited to, data charges, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Services or the Site. Any dispute or problem regarding telephone or internet provider services are strictly between you and your service provider. You may receive text messages in connection with your use of our Services or the Site. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for text you receive and Zenith assumes no responsibility or liability for any such charges.
Our Communication with You
If you have any questions about these Terms of Service, our Services, or our Site please contact Zenith at firstname.lastname@example.org.