Ziva, Inc. Terms of Service
Updated November 18, 2020
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Thank you for using Ziva!
Ziva’s products and services are provided by Ziva, Inc. These Terms of Service (“Terms”) govern your use of Ziva’s website and apps, including any content, functionality and products and services offered on or through the website or apps (“Services”). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions via email at firstname.lastname@example.org.
By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
- Parental Consent for Children’s Data Collection
- Using Ziva (License)
- Content Offerings
- Your Content
- Third Party Content
- Copyright and Trademark
- Paid Services
- Affiliate Partners
- Modifying our Services
- Governing Law
- General Terms
- Community Policy
- Refund Policy
- California Privacy (CCPA)
Parental Consent for Child’s Data Collection
You may opt out of this data collection at any time, however this may impact Ziva’s ability to provide such Services to your child.
Using Ziva (License)
Who May Use Our Services
You may use our Services only if you can form a binding contract with Ziva, and only in compliance with these Terms and all applicable laws. When you create your Ziva account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited without specific written consent from a legal guardian, and certain regions and Content Offerings may have additional requirements and/or restrictions.
Our License to You
Changes to Content Offerings
Ziva offers courses and content (“Content Offerings”) that we produce, as well as content from other providers (“Content Providers”). While we seek to provide world-class Content Offerings from our Content Providers, unexpected events do occur. Ziva reserves the right to cancel, interrupt, reschedule , or modify any Content Offerings. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.
The Services may enable you to share your content, such as forum posts, pictures, quizzes and the like (“User Content”), with Ziva, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share. User Content does not include course content or other materials that we create or that is made available on or placed on the Ziva platform by or on behalf of Ziva’s Content Providers or their instructors using the Services or the Content Offerings; as between Ziva and its Content Providers, such Content Offerings are governed by the relevant agreements in place between Ziva and its Content Providers.
How Ziva May Use User Content
To the extent that you provide User Content, you grant Ziva a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Ziva the right to authorize Ziva affiliates to use User Content. Nothing in these Terms shall restrict other legal rights Ziva may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Ziva does not waive any rights to use similar or related Feedback previously known to Ziva, developed by its employees or contractors, or obtained from other sources.
We care about the security of our users. While we work to protect the security of your account and related information, Ziva cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing email@example.com.
Third Party Content
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties as well as links to websites and services maintained by third parties. Ziva cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Ziva disclaims any responsibility or liability related to your access or use of, or inability to access and use, such third party content.
Copyright and Trademark Policy
Ziva respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Ziva Copyright and Trademark Policy in accordance with applicable law, including the Digital Millennium Copyright Act.
Paid Services from Ziva
Ziva offers paid Services (i.e. online training courses) for a fee. Unless otherwise stated, all fees are quoted and must be paid in U.S. Dollars. You are responsible for paying all fees charged by or for Ziva and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Ziva reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.
Ziva may provide you a payment plan to allow you to pay your Services fee in installments over an agreed amount of time. If you miss a payment, your account will be considered “delinquent” and your access to all Services and membership groups may be revoked until all amounts owed are paid in full. The ‘days overdue’ for any payment plan will be measured from the earliest missed payment date of any amount outstanding, regardless of later payments or payment dates.
If your account remains in delinquent status for longer than 60 days, Ziva reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Ziva’s sole discretion. In the event that your account becomes past due and is referred by Ziva to an outside collection agency or attorney, you will be responsible for the cost of collection services at the rate of 20% of the balance due, along with reasonable attorney fees and court costs incurred by Ziva.
In no way should Ziva’s offering of a payment plan be considered a “pay in part” program where you can pay only for partial access.
Ziva, Inc. reserves the right to terminate any affiliate relationships for any reason upon 30 days written notice. We require all of our affiliates to maintain a public-facing website, with clear privacy and terms of service policies. As a policy, Ziva, Inc. does not accept affiliates who run coupon, bargain, review or content aggregation services.
Ziva, Inc. reserves the right to immediately terminate an affiliate relationship if an affiliate violates these Terms or engages in deceptive business practices. We may also void any outstanding commissions if we believe they are the result of deceptive business practices.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether at any time. Accordingly, Ziva may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of Ziva, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “Ziva Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.
THE SERVICES AND ALL OTHER CONTENT AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE ZIVA PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE ZIVA PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR OTHER CONTENT AND MATERIALS.
WHILE WE MAKE GOOD FAITH EFFORTS TO INCLUDE SUBSTANTIALLY ACCURATE INFORMATION IN THE SERVICES, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE; BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED IN THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES IS AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ZIVA PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE ZIVA PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL ZIVA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR THE TOTAL AMOUNT OF FEES RECEIVED BY ZIVA FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON OUR SERVICES.
YOU AGREE TO SEEK ADVICE FROM A LICENSED MEDICAL PROVIDER BEFORE PERFORMING ANY PHYSICAL ACTIVITY SUGGESTED BY ZIVA PARTIES.
NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify, defend, and hold harmless the Ziva Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Governing Law and Jurisdiction
The Services are managed by Ziva, which is located in New York City, New York. You agree that any dispute related to these Terms will be governed by the laws of the State of New York, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Kings County, New York as the legal forum for any such dispute.
Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or Ziva may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and Ziva. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
If a particular provision of these Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be eliminated and the remaining provisions of these Terms will continue in full force and effect. No waiver by Ziva of any term or condition will be deemed a further waiver of the term or condition, or a waiver of any other term or condition, and any failure by Ziva to assert a right or provision under the Terms will not constitute a waiver of such right or provision.
These Terms and all referenced policies constitute the sole and entire agreement between you and Ziva
regarding the Ziva website and apps.
Effective as of September 8, 2020
As part of Ziva’s commitment to customer success, Ziva offers access to membership communities with many of its Services. These communities are intended as places to ask questions, gain encouragement, and share your experiences with Ziva Services. It is intended to foster a sense of community and support in a safe, accepting environment.
Ziva communities have explicit membership requirements, including the requirement that your account is in good standing and not delinquent. If your account is delinquent, we may terminate community access at any time.
All community members are to be kind and respectful. Our Communities are not places for judgment but rather forums for offering helpful advice, providing insight and perspective, and encouraging all members to continue their practice seek help when they need.
To maintain a focus on self-improvement and community support, no solicitation for non-Ziva related products or services is permitted without explicit, written consent from Ziva.
For any break of these guidelines, you agree that Ziva has the right to edit or delete your post(s) and revoke your access to our communities at any time, without notice.
You are prohibited from using our Communities or Services to share content that:
- Solicits members to join other membership communities.
- Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that users who are as young as 13 use Ziva, and we do not allow content that is inappropriate for these younger users.
- Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
- Harasses others. Abusive or otherwise inappropriate content directed at others is not allowed.
- Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
- Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
- Spamming will not be tolerated. This includes repeated posting of non-relevant content.
- Otherwise violates the Ziva Terms of Service. Please note that specific Content Offerings or Communities may have additional rules and requirements.
You also are not allowed to:
- Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
- Share your password, let anyone access your account, or do anything that might put your account at risk.
- Attempt to access any other user’s account.
- Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized by Ziva in writing to do so.
- Access, tamper with, or use non-public areas of our systems.
- Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
- Try to reverse engineer any portion of our Services.
- Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
- Use our Services to distribute malware.
- Use our Services or any functionality of the Ziva platform for anything other than for completing online courses or for pedagogical purposes.
- Impersonate or misrepresent your affiliation with any person or entity.
- Encourage or help anyone do any of the foregoing.
Effective as of June 25, 2020
All refund requests must be submitted via email to firstname.lastname@example.org and include:
- Purchaser’s First and Last Name
- Date of Purchase
- Email used to register for the Service
- Brief reason for refund request
Finance charges are not eligible for refund for any Service
Abuse of Refund Policy
Refunds are designed to remove the risk from purchasing Ziva services, not as a way to get free services. If it appears to us that you are abusing refunds, we may stop offering them to you. Specifically, customers that repeatedly request refunds for multiple purchases may be denied refunds or right to purchase for abuse of the refund policy.
Your subscription will continue on a month-to-month basis unless and until you cancel or the subscription is suspended or discontinued by Ziva.
If you cancel your subscription, cancellation will be effective at the end of the current monthly period; you will have continued access to your subscription for the remainder of the period for which you have paid, but you will not receive a refund.
Your subscription will continue on an annual, 12-month basis unless and until you cancel or the subscription is suspended or discontinued by Ziva.
If you cancel your subscription, cancellation will be effective at the end of the current annual, 12-month period; you will have continued access to your subscription for the remainder of that period for which you have paid, but you will not receive a refund.
zivaONLINE purchasers may request a refund of the course fee within 30 days of the purchase date.
Any additional fees bundled with zivaONLINE at the time of purchase, i.e. book purchases or bonus courses, are non-refundable.
Note: your 6 month access period begins on the date of purchase.
Moving Into Mastery
Purchasers of any Moving into Mastery Service can request a refund within 10 days of the purchase date.
For any zivaLIVE course (including the zivaLIVE Intensive), course fees are refundable up to 7 days before the course start date. For cancellations within 7 days of the start date, purchasers will be refunded the course fee less a $100 cancellation fee. Once the course has started, course fees are non-refundable.
Course fees for The Manifesting Sleep course are non-refundable.
Course fees for The Manifesting Masterclass are non-refundable.