Terms of Use

Last updated: 7/30/2024

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Welcome

Welcome to ZestLife! Prior to use, ZestLife requires that you read and accept all of the terms and conditions in, and linked to, these Terms of Use (hereafter, the “Terms”). The Terms, together with our Privacy Policy and incorporated herein by reference, constitute a legal and binding agreement between ZestLife and all individuals who use or visit the ZestLife Platform, collectively referred to as the “Users”.

Acceptance of ZestLife’s Terms of Use

These Terms will govern your use of the communication platform offered by ZestLife. We offer an online platform to allow licensed and non-licensed professionals (each, a “Group Leader”) and individuals (each, a “Group Member”) to connect with each other (the “Services”) through our website located at https://getzestlife.com (the “Website”) or our mobile or desktop application (the “Application”, “App”, or “Licensed Application”). Collectively, the Website, Application, and Services are referred to as the “Platform.”
These Terms set forth the terms and conditions of use of the Platform. These Terms may be modified by ZestLife in its sole discretion from time to time. Such modifications shall automatically become part of the Terms and shall be effective once posted by ZestLife on the Platform. Your use of the Platform will be subject to any such modifications. You should review the Platform and these Terms from time to time for any modifications.
ALL USERS UNDERSTAND THAT BY USING THE PLATFORM, THEY ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. ANYONE WHO DOES NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY IS PROHIBITED FROM ACCESSING OR USING THE PLATFORM.

More about the ZestLife Platform and Services

The ZestLife Platform creates access to a wide range of mental wellness groups and general wellness groups organized by a Group Leader, who may be a therapist, psychiatrist, psychologist, coach, social worker, or other licensed or non-licensed professional. Group Leaders are independent practitioners and are not employees or independent contractors hired by ZestLife.
  • ZestLife Platform. The ZestLife Platform is intended to be informational and educational, and enable platform services. Included service - Scheduling: The platform currently integrates a robust scheduling system. Users can seamlessly view, reserve, and schedule a wide range of mental wellness groups and general wellness groups (collectively referred to as “Groups”) facilitated by Group Leaders. See the Group Leader section below for more details. Included service - payment processing: A secure transaction system is embedded within the platform, allowing Users to effortlessly purchase, access, and attend Groups while ensuring transparent financial interactions.
  • Group topics. Group topics or focuses may include mental wellness, spirituality, nutrition, life, career, fitness, healing, or financial. Groups on the Platform may be described as skill building, workshops, support groups, process groups, therapy groups, or Retreats. Groups that meet overnight (“Retreats”) may entail Group Leaders providing sleeping arrangements and accommodations to Users at legally permissible locations. Groups may also require Group Leaders to arrange for food accommodations for Users, provided they are legally permitted to do so at the chosen location. It's essential to understand that while many Groups might be accessed digitally, others occur in physical locations, offering a face-to-face experience between Users and Group Leaders.
  • Future Services: One of the future services includes messaging. An intrinsic messaging system fosters communication between Group Leaders and Users, enabling them to share resources, address queries, and remain connected outside of scheduled sessions. Another future service includes video calling and calling. The Platform aims to incorporate real-time video and voice calling features, intending to offer more dynamic and interactive sessions between Group Leaders and Users. The Platform also aims to include a review system for Users to leave feedback both public and private on Groups they attend. Users will be reminded to never disclose personal health information.
  • Group Leaders. ”Group Leader” describes a therapist, psychiatrist, psychologist, coach, social worker, or other licensed or non-licensed professionals who leads a Group. See the Group Leader section below for more details.
  • Users. ”User” describes any person that creates an account on the Platform or visitor to the Platform. A User may participate in Groups or be a Group Leader.
  • Cohort. A Cohort refers to a specific subset of a Group. While a Group may encompass the overarching structure, theme, or objective, a Cohort represents a unique iteration or experience within that Group. Each Cohort is characterized by its sessions or meeting times, and when a User joins a Group, they are specifically joining a designated Cohort within that Group. It is pertinent to note that Group Leaders reserve the right to vary content or experiences between different Cohorts under the same Group, which may mean different Cohorts have distinct experiences or structures.
  • Session. A Session is a singular meeting or gathering of a Cohort. Each Cohort can consist of multiple Sessions, with each Session forming a distinct part of the overall Cohort experience. A Session belongs exclusively to one Cohort, signifying a scheduled period or event where the Cohort members come together, either physically or digitally.
  • Cohort Reservation. A Cohort Reservation refers to the initial step where a User expresses interest in joining a specific Cohort. This preliminary reservation often requires a consultation with the Group Leader to ensure a mutual fit. After the consultation, Users have the discretion to decide if they wish to join the Group. To avoid charges, Users must notify ZestLife of their decision to opt out within 24 hours of the consultation's commencement and at least 72 hours before the Group's inaugural session. It's imperative to acknowledge that Group Leaders retain the unequivocal right to decline any User's participation in the Cohort during this consultation phase, and such decisions can be made without necessitating any justification.
  • Cohort Membership. Cohort Membership formalizes a User's association with a specific Cohort. Membership can be solidified during the checkout process if no consultation is mandated. If a consultation is requisite, Cohort Membership is confirmed only post consultation and once the Group Leader endorses the User's Cohort Reservation, signaling the User's official inclusion in the Cohort. Once a User achieves Cohort Membership status, they gain access to all the scheduled sessions, associated materials, and interactions pertinent to that Cohort.
  • Digital Groups. ZestLife may allow you to access a variety of digital Groups from your computer or mobile device via live stream and/or on-demand audio or video services. To access these digital Groups, you may need to comply with certain technical and hardware requirements. Certain digital Groups may involve your participation through third party software. If you participate in such digital Groups through third party software, then it is your responsibility to comply with the third party software’s terms and conditions.
  • Group Conduct. All Users of the Platform shall treat others with respect. In the event of conflict that arises in a Group, the Group Leader and ZestLife Customer Support staff will have independent discretion on which Users can continue to receive services of a Group where the offending conduct occurred. ZestLife reserves sole discretion on whether a User can continue to receive Services on the Platform.
  • Right to Remove Users from Groups. A Group Leader reserves the right, at their sole discretion, to remove or exclude any User from a Group session, consultation, or any related activity. Such removal or exclusion can occur for any reason deemed appropriate by the Group Leader, including but not limited to disruptive behavior, inappropriate conduct, or any other action or behavior that the Group Leader believes to be detrimental to the Group or its participants. ZestLife supports this discretion of Group Leaders and will not be held liable for any removal or exclusion of a User from a Group by its Group Leader. Users removed from a Group may or may not be entitled to a refund, as determined by ZestLife's refund policy and the specific circumstances of the removal.
  • Feedback. Any feedback, comments, or suggestions you provide regarding ZestLife, whether you are a Group Leader, User, or visitor, is entirely voluntary. Upon submission, such feedback, comments, or suggestions become the exclusive property of ZestLife. ZestLife shall have full ownership rights over such feedback, which includes but is not limited to the unrestricted right to use, reproduce, modify, distribute, and disclose the feedback. ZestLife will not be under any obligation to provide compensation or acknowledgment to the person providing the feedback.
As ZestLife continues to evolve and grow, the Platform remains committed to enhancing its services, ensuring an enriching and seamless experience for both Users and Group Leaders. However, ZestLife reserves the right to alter this list of services from time to time, in its sole discretion, as its business model evolves.

Eligibility to Use the Platform

You must be at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Platform. If you are a minor you can use the Platform but only with the agreement of, and under the supervision of, your parent or guardian. If you are the parent or legal guardian of a child under the age of 18, you may use the Platform on behalf of such a minor child. By using the Platform on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these Terms, you must not use the Platform.
Any use of the Platform is void where prohibited by law, and the right to access the Platform is revoked in such jurisdictions.
By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Platform is administered in the United States and intended for U.S. persons only.
We reserve the right to suspend or terminate any User or Group Leader account and your use of the Platform in our sole discretion.

Use of the Platform

You may not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any ZestLife server, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any other customer of ZestLife, including any ZestLife account not owned by you, to its source. You may not exploit the Platform, or any service or information made available or offered by or through the Platform, in any way with the purpose of revealing any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or ZestLife’s systems or networks, or any systems or networks connected to the Platform.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Platform for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of ZestLife or any third parties.

Changes to the Platform

ZestLife reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Platform, or any portion of the Platform, for any reason; (2) to modify or change the Platform, or any portion of the Platform, and any applicable policies or terms; and (3) to interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

ZestLife Communications

By providing your information or creating an account, you agree that ZestLife may contact you by email, direct mail, telephone, or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a ZestLife account. The nature of these communications may include, but are not limited to:
  • Updates about changes or enhancements to the platform.
  • Reminders to Group Leaders about specific tasks, such as filling out attendance sheets, scheduling consultations with Users, completing their onboarding process, or creating a new Cohort.
  • Notifications to Users about their purchase transactions, their acceptance into a Group, or the need to coordinate a consultation.
  • Session reminders for both Group Leaders and Users.
  • Requests for feedback after attending sessions or utilizing platform features.
These communications aim to enhance your experience on the platform and ensure smooth interactions between Users and Group Leaders. For marketing purposes, you might also receive promotional messages and updates. If you wish to opt out of marketing emails, you can do so via the provided unsubscribe link or by contacting us at any time at support@getzestlife.com.

Your Continued Responsibilities

When using the Platform, you must remember the importance of confidentiality and respect for the privacy of others. This includes, but is not limited to, not sharing information about other Users or Group Leaders without their consent.
Group Leaders are expected to respect the confidentiality of all interactions on the Platform and uphold professional standards. While the Platform aims to support positive interactions and growth, it is not a substitute for individual therapy or medical advice.
ZestLife does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content posted by Group Leaders or Users on the Platform. While we strive to maintain a safe and respectful environment, the opinions and posts of Users and Group Leaders do not necessarily reflect the values and opinions of ZestLife.
Users and Group Leaders are responsible for their own actions while using the Platform. This includes being respectful to others, understanding the boundaries and limitations of the Platform, and being aware of and adhering to all relevant laws and regulations.
Users should be aware that transferring a Cohort Reservation or Cohort Membership to another individual is strictly prohibited. Once a User commits to a Cohort, they are bound by its terms, conditions, and any affiliated fees. In circumstances where a User decides to withdraw from a Cohort, the stipulations outlined in ZestLife's withdrawal and refund policy will come into play. Transfers, as mentioned, are not permitted under any circumstances.
Protecting the privacy of Users and Group Leaders is paramount to ZestLife. All personal or sensitive information shared within the confines of the Platform, especially within Groups, Cohorts or Sessions, must be treated with the utmost confidentiality. Disclosure of such information outside the Platform is strictly prohibited, regardless of the context. This commitment to privacy extends beyond our Privacy Policy and is foundational to the trust and safety of our community. Users and Group Leaders are expected to uphold this standard at all times and may face consequences for breaches of this trust.
By using the Platform, you agree to hold ZestLife harmless from any claims, damages, or losses resulting from your use of the Platform or any actions taken based on the content or information provided on the Platform.

Fees and Payment

Fees associated with the use of the Platform can be levied upon both Users and Group Leaders. These fees help to compensate ZestLife for its software development, overhead, administrative services, and other corporate costs, inclusive of transaction fees associated with credit card usage.
Group Leaders who offer Groups on the Platform may incur charges for the utilization of the Platform and associated administrative costs. While a segment of a User's payment is set aside for the Group Leader as remuneration for their services, this portion is delineated separately. Notably, ZestLife neither claims a percentage of this remuneration nor splits it. All fees and charges tied to a User's or Group Leader's Account should be settled promptly, aligning with ZestLife's fee schedule, and according to the terms and rates periodically published by ZestLife. These charges, inclusive of any applicable taxes or late fees, can be billed to the credit card registered on the Platform. It is mandatory to ensure that the credit card details associated with one's Account remain valid. Granting ZestLife your credit card details authorizes the company to initiate billing procedures and charge your credit card accordingly.
  • Proration and Rounding Policy:Payment for group sessions may be prorated based on the number of sessions remaining when a user joins. The prorated amount will be rounded up to the nearest cent. Additionally, if the prorated charge incurs fees from our payment processor which are greater than the service fees we collect on the transaction, we will not allow that transaction on the platform. This rounding policy ensures consistency and fairness in billing practices.
  • Refund Policy: While ZestLife endeavors to ensure satisfaction through the Platform's offerings, it is essential to note that dissatisfaction with a Cohort or Group does not automatically qualify a User for a refund. All Users, by availing services on the Platform, willingly accept the potential risks, including the possibility of an unsatisfactory experience.
  • Payment to Group Leaders: Payments directed to Group Leaders for their services are channeled through ZestLife's processing mechanisms. The exact compensation, termed the "Fee," to be remitted to the Group Leader, will be mutually agreed upon in the future. It is important to note that all sales, use, excise taxes, and any other similar charges imposed by any governing entity (be it federal, state, or local) on any amounts payable by the Group Leader fall under the Group Leader's responsibility. This excludes any tax levied on ZestLife's income, revenues, assets, or personnel.
  • Group Leader Membership Options: There are a number of ways for Group Leaders to participate in hosting Groups, such as through various subscription plans, promotional plans, and non-subscription plans. These plans will consist of different services such as promoting individuals or individual Groups, scheduling, video calling, messaging, group chats, or reminders. These services are subject to additional and differing conditions, prices, policies, and limitations. We reserve the right to modify, terminate, or otherwise amend our offered options and plans at any time and at our sole discretion.
  • User Membership Options: There are a number of ways for Users to participate in Groups such as through various subscription plans, promotional plans, and non-subscription plans. These options consist of different Groups, workshops, support groups, therapy groups and Retreats. These services are subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate, or otherwise amend our offered options and plans at any time and at our sole discretion.
  • Payment Provisions: ZestLife upholds the right to make amendments to its fee structure, usher in new fees, or revise existing fees, all at its exclusive discretion. Any modifications to the fee structure will be conveyed to the Group Leader, allowing for a specified notice period, as outlined in our Terms of Use or any pertinent agreement. Persisting with the use of the Platform post the introduction of fee modifications inherently signifies the Group Leader's acceptance of the revamped fee structure.
  • Notification of Disputes: Should a User or Group Leader encounter any discrepancies or disputes concerning a payment, they are required to promptly notify ZestLife in writing within three (3) days of the transaction in question. The notification should detail the nature of the dispute, the amount, and provide any relevant supporting documentation.
  • ZestLife's Resolution Process: Upon receiving notification of a payment dispute, ZestLife will investigate the matter and strive to resolve it within thirty (30) days from the receipt of the dispute notice. During this period, all affected parties are expected to cooperate fully with ZestLife's investigation.
  • Final Decision: Following the resolution process, ZestLife will communicate its decision regarding the dispute to the concerned parties. The decision made by ZestLife in relation to any payment dispute shall be final and binding.
  • Payment Delays: While ZestLife aims to process payments in a timely manner, there may be occasional delays due to reasons beyond ZestLife's control, such as technical issues, third-party payment processor delays, or other unforeseen circumstances. ZestLife shall not be held liable for such delays, but will make every effort to rectify the situation as soon as possible.

Group Leader

A Group Leader may be a therapist, psychologist, psychiatrist, coach, social worker, or other third party. “Coach” is a self-described term. Therapists, psychologists, psychiatrists, and social workers may operate Groups in their licensed capacity or in their unlicensed capacity. Any Group may run in an unlicensed capacity by any Group Leader including Group Leaders that are Licensed Professionals. Group Leaders are responsible for defining the bounds of their helping relationship, including, but not limited to: confidentiality and other ethical obligations to users.
ZestLife requires all Group Leaders to undergo background checks prior to providing any service on the Platform. ZestLife reserves sole discretion on whether Group Leaders can continue to receive Services on the Platform.
Affiliations: Group Leaders are independent professionals and are not employees, agents, or affiliates of ZestLife. The views, advice, services, or methodologies they offer do not represent, and are not endorsed by, ZestLife. Their interactions, communications, and services are their sole responsibility, and ZestLife bears no liability for the same.
Group Leaders are not only responsible for listing and defining Groups and Cohorts but are also expected to actively lead and facilitate the Groups and Cohorts they post on the Platform. Any delegation of leadership or facilitation roles within a Group or Cohort, without prior notice to and consent of ZestLife and its Users, is strictly prohibited.
It is the responsibility of the Group Leader to make sure they are following all applicable laws and regulations, particularly with regard to the ability to serve clients across state lines in a professional capacity.

Licensed Professionals

Therapists, psychologists, psychiatrists, and social workers may operate Groups under their professional license; however, they can also opt to run groups in an unlicensed capacity. Group Leaders shall submit proof of valid licensure and proof of liability insurance to the Company before providing any service as a licensed professional on the Platform. Any Group that operates under the Group Leader’s licensed capacity is the sole responsibility of the Group Leader to define the bounds of their helping relationship.
If you are a licensed professional, you represent and warrant, by your continued use of the Platform, that you are in good standing with your professional license to practice therapy, hold active professional medical licenses and all certifications and required professional continuing education units necessary to practice any services offered to Users, and will notify us promptly if any of this information changes, including updated proof of valid licensure.
If you are a licensed professional holding a therapy Group, you must have coverage of professional liability insurance and maintain that insurance for the entire duration of that therapy Group. If you are a Therapist and your insurance status changes, it is your responsibility to update insurance and postpone therapy Groups until sufficient coverage is made once again.
If you are a licensed professional you represent and warrant that at all times your Group Leader-generated Content will be complete and accurate to your best knowledge.

Electronic Consents and Signatures

By using the ZestLife platform, you acknowledge and agree to provide electronic consents and signatures as part of the following agreements:
Electronic Consent and Signature By checking the relevant box, you acknowledge receipt and review of the ZestLife Business Associate Agreement (BAA), the Service Agreement (SA), and the Background Check Policy as part of the Terms of Use. You agree that your electronic signature signifies your consent to the terms outlined in these documents and is equivalent to a signed, written contract.
Background Check Consent By checking the relevant box, you consent to the terms of the Background Check Policy. You authorize ZestLife to conduct a background check and verify the information provided. The results will determine your eligibility to join the ZestLife platform as a Group Leader.
Business Associate Agreement (BAA) By checking the relevant box, you agree to the terms of the Business Associate Agreement. You understand and agree to comply with all applicable laws and regulations regarding the handling of personal health information (PHI).
Service Agreement (SA) By checking the relevant box, you agree to the terms of the Service Agreement. You understand your responsibilities and obligations as outlined in the agreement.
These consents and agreements are legally binding and effective as of the date of your electronic signature.

Verification of Credentials and Insurance

  • Credential Verification: ZestLife is committed to maintaining a high standard of professionalism and credibility among all Group Leaders on our Platform. To this end, we require all Group Leaders to provide evidence of their qualifications, which may include, but are not limited to, professional licenses, certifications, membership in professional societies, or diplomas. By agreeing to these Terms of Use, Group Leaders consent to ZestLife verifying the authenticity of these credentials with the relevant issuing bodies or organizations. This verification process helps ensure that all Group Leaders meet the necessary qualifications and standards to offer their services through our Platform.
  • Insurance Verification: For those Group Leaders who are licensed professionals, it is mandatory to submit proof of valid professional liability insurance before providing any service on the Platform. ZestLife reserves the right to verify the validity and adequacy of such insurance with the relevant insurance providers. This is to ensure that all licensed professionals maintain appropriate coverage in alignment with the services offered and the potential risks involved.
  • Ongoing Compliance: Group Leaders are required to keep their credentials and insurance information up to date. Should there be any changes to their licensure status, insurance coverage, or any other relevant qualifications, Group Leaders are obligated to promptly update this information on the Platform. Failure to maintain accurate and current information may result in suspension or termination of the Group Leader's ability to offer services through ZestLife.
  • Representations and Warranties: By using the Platform, Group Leaders represent and warrant that they are in good standing with their respective professional licensing bodies and insurance providers. They also affirm that all content they generate and share on the Platform is complete, accurate, and in compliance with applicable laws and ethical standards of their profession.
  • Responsibility and Liability: While ZestLife undertakes measures to verify credentials and insurance, Group Leaders remain solely responsible for the accuracy of the information they provide and for maintaining compliance with all relevant laws, regulations, and professional standards. ZestLife disclaims any liability for inaccuracies or misrepresentations made by Group Leaders regarding their qualifications or insurance status.

Disclaimer of Medical Liability

The Platform and Services are offered for informational, educational, scheduling, video calling, messaging, and payment processing purposes only, and are not intended to constitute medical advice, diagnosis, or treatment provided to Users. ZestLife does not offer or give therapy or medical advice. We do not provide therapy, medical, or diagnostic services.
ZestLife solely offers a platform or marketplace for Group Leaders and Users to meet online and for Users to decide if they would like to engage in services offered by Group Leaders. ZestLife does not hire Group Leaders. ZestLife assumes no responsibility for any act or omission of any Group Leader. ZestLife’s responsibilities are limited to facilitating the availability of the Platform Group Leaders’ services.
Group Leaders are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (collectively, “Claims”) suffered by you as a result of your interactions with or visit to any such Group Leader. You agree not to impose or attempt to impose liability on, or seek any legal remedy from, ZestLife with respect to any and all such Claims. ZestLife cannot and does not control the Content contained in any profile or Group detail page. ZestLife is not responsible for any disclaims of any responsibility related to any and all therapy services and Group services obtained through our Platform. Accordingly, any and all such services obtained by a User through our site will be made at such User’s own risk.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Platform is owned, controlled or licensed by or to ZestLife, and is protected by trade secret, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way, including through “mirroring,” to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without ZestLife’s express prior written consent.

User-Generated Content

“User-generated Content” includes documents, photos, videos, and any other data you upload to, store on, or transmit through the Platform. ZestLife does not claim ownership of User-generated Content. Your content remains yours, and you are responsible for it. We do not control, verify, pay for, or endorse User-generated Content that you and others make available on the Platform. ZestLife does not attest to the accuracy of any User-generated Content available on the Platform, and you rely on the information conveyed in such User-generated Content at your own risk.
In posting any Content to the Platform, Users grant ZestLife a limited license to publish and maintain the Content on the Platform, subject to ZestLife’s sole discretion to publish or remove any content at any time without prior notice.
Users will not upload, store, or transmit any User-generated Content that infringes the copyright, trademark, trade secret, or other intellectual property of a third party on the Platform. ZestLife disclaims liability for any such activity by the user that may infringe third-party intellectual property, and you further agree to indemnify ZestLife for any and all harm resulting from such activity.

Group Leader-Generated Content

All Group Leader-generated Content is subject to the terms specified in the User-Generated Content section. Group Leaders are also subject to the following additional terms:
  • You acknowledge that ZestLife does not represent and has no control over Users. ZestLife disclaims all warranties in and liability for, and you agree not to hold ZestLife liable for, the actions or inactions of Users in person or online, 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, ZestLife may: (i) update your profile with information obtained from third party sources in consultation with you; (ii) contact you by phone, email, direct mail, text, or other medium; and (iii) take all other actions necessary to provide the Services and keep any Group Leader-generated Content complete and current.
  • You agree not to falsely express or imply that such Group Leader-generated Content is sponsored or endorsed by ZestLife.
  • Group Leader-generated Content may not be unlawful or promote or encourage illegal activity.
  • You understand and agree that ZestLife may, but is not obligated to, review and delete any Group Leader-generated Content that, in the sole judgment of ZestLife, violates these Terms or which might be offensive or illegal or violate the rights of, harm, or threaten the safety of others.
As part of the Services, we reserve the right to publish information on the Platform about a Group Leader’s services and any recommendations or reviews submitted by Users regarding the use of such Group Leader’s services. We also have the authority to remove Group Leader-generated Content for any reason at our discretion. We are not, however, responsible for any failure or delay in removing Group Leader-generated Content.
We respect and maintain a safe, supportive environment. We maintain the right and discretion to review and approve Group Leader-generated Content. We may ask you to replace any Content for any reason and without justification. We also reserve the right to modify any Group Leader-generated Content for any reason or no reason at all.
Group Leader-generated Content is typically self-reported by the Group Leader and/or sourced from external data sources and is generally confirmed by the Group Leader. This information can often change, potentially becoming outdated or inaccurate. ZestLife is not involved in the services provided by any Group Leaders listed on our Platform. It is crucial to understand that ZestLife does not recommend or endorse any specific advice, coaching, curriculum, programming, tests, or other services or materials offered by Group Leaders.

Intellectual Property

  • User-generated and Group Leader-generated Content License Grant: By uploading, storing, or transmitting any User-generated or Group Leader-generated Content on the Platform, you hereby grant ZestLife a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, display, and adapt such content for promotional, advertising, and marketing purposes. This license remains effective unless and until the content is removed or deleted by you or ZestLife, but its persistence is not affected by your cessation of use of the Platform.
  • Ownership of ZestLife Intellectual Property: All intellectual property rights in and to the Platform, its design, content, software, interfaces, and any materials provided or made available by ZestLife, including, but not limited to, trademarks, copyrights, patents, trade secrets, graphical elements, and any other related rights (collectively, the “Intellectual Property”), remain the exclusive property of ZestLife. You are not permitted to use, reproduce, modify, distribute, or exploit ZestLife's Intellectual Property in any manner other than as expressly authorized by these Terms or with ZestLife's prior written consent.
  • License to Group Leader's Content: If Group Leaders or Users upload, share, or contribute content to the platform, they hereby grant ZestLife a non-exclusive, royalty-free, worldwide license to use, reproduce, display, distribute, and adapt such content for any purpose, including, without limitation, promotional and marketing purposes. The granting of this license does not transfer ownership of the content from the Group Leader or User to ZestLife. This license persists even if the Group Leader or User ceases to use the platform or terminates their relationship with ZestLife.
  • Termination of Content: While ZestLife reserves the right to remove or alter content on its platform at its discretion, any termination or removal of content does not nullify the licenses previously granted to ZestLife concerning the use of the content.
Users and Group Leaders should always ensure they possess the necessary rights to any content they upload or share on the Platform and that such sharing does not infringe on the rights of third parties.

Marketing and Promotion

Group Leaders acknowledge that one of the primary benefits and reasons for posting their services on ZestLife is to leverage the platform's marketing and promotional capabilities to reach a wider audience and enhance their visibility.
  • Use of Group Leader Content for Marketing: By posting content, details, articles, blogs, quotes, or any other information about their groups on ZestLife, Group Leaders grant ZestLife permission to use, reproduce, distribute, and display such content for marketing purposes. This includes, but is not limited to, promotion on social media platforms, advertisements, email campaigns, and other marketing avenues that ZestLife deems appropriate.
  • Media Content Rights: Should a User, Group Leader, or another participant engage in interviews, blog or article writing, or other media creation with ZestLife, the content produced, in any format (video, audio, picture, written, etc.), becomes ZestLife's exclusive property. This ownership extends to all intellectual property rights in the media content. ZestLife can freely use, modify, and distribute this content for any purpose, especially marketing. By participating, individuals also give ZestLife permission to use their name, image, voice, or other recognizable features without any additional approvals or compensation.
  • Quotes: If ZestLife receives or extracts quotes from Group Leaders, Users, or other participants, whether from feedback, interviews, or any interactions, ZestLife has the right to use these quotes for marketing and promotional purposes, associating them with the individual's name and/or image unless explicitly requested otherwise.
  • Waiver and Release: Participants in such media content creation waive any rights to review or receive compensation for the finished product and release ZestLife from any claims related to the content's use.
  • Dual-Purpose Marketing: Group Leaders understand and agree that ZestLife's marketing initiatives, while highlighting their groups, also serve to amplify ZestLife's own visibility and reputation.
  • Opting Out: Group Leaders or Users wishing to exclude themselves from certain marketing channels must notify ZestLife in writing. While ZestLife will make efforts to respect these wishes, ongoing or pre-planned marketing activities might not be immediately halted.
The Platform may contain links to third party websites or resources. You acknowledge and agree that ZestLife is not responsible or liable for (1) the availability or accuracy of such websites or resources, or (2) 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 ZestLife of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge your 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.
ZestLife does not permit copyright infringing activities and infringement of any other intellectual property rights on the Platform. ZestLife will remove any Content if properly notified that such Content infringes on another's intellectual property rights. ZestLife reserves the right to remove Content without prior notice.
Any copyright owner or agent thereof who believes in good faith that Content on the Platform infringes upon his, her or their copyright may submit a notification pursuant to the Digital Millennium Copyright Act by sending the following information in writing to ZestLife’s support contact at support@getzestlife.com:
  • The name and electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
  • A description of the copyrighted work that is claimed to be infringing. If this notice covers multiple copyrighted works, the copyright owner may provide a representative list of the copyrighted works that are claimed to be infringing.
  • A description of the Content that is claimed to be infringing (or is the subject of the infringing activity), along with information reasonably sufficient to permit ZestLife to locate the Content.
  • Information sufficient to contact the copyright owner, including their mailing address, telephone number, and email address.
  • A statement asserting a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement certifying that the information provided in the notice is accurate, and under penalty of perjury, signed by the owner, or agent thereof, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
  • The complaining party’s full legal name and electronic or physical signature.
Any copyright owner may send a counter-notice to ZestLife if he, she or they believe or believes that his, her or their Content that has been removed from the Platform does not infringe any copyright, or that the complaining party has authorization from the copyright owner to use the Content. To do so, send the following information to ZestLife’s copyright agent using the contact information set forth above:
  • A description of the Content that has been removed and the location at which the Content appeared before it was removed.
  • A statement certifying a good faith belief that the Content was removed as a result of mistake or a misidentification of the Content.
  • Information sufficient to contact the complaining party, including mailing address, telephone number, and email address.
  • A statement certifying that the complaining party will consent to the jurisdiction of the federal court for the judicial district in which the complaining party resides, or if the complaining party’s address is outside of the United States, in any judicial district in which ZestLife may be found.
  • A statement that the complaining party will accept service of process from the person who provided the notification of the alleged infringement.
  • The complaining party’s full legal name and electronic or physical signature.
If a counter-notice is received by ZestLife’s copyright agent, ZestLife may send a copy of the counter-notice to the original complaining party informing such person that ZestLife may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or User, the removed Content may, at ZestLife’s sole discretion, be reinstated on the Platform after receipt of the counter-notice.

ZestLife Website and Application Licensed Solely for Commercial or Personal Use

Group Leaders may use the platform for commercial use as part of their professional practice. Otherwise though, Group Leaders understand and agree that the ZestLife Platform content is licensed to them solely for their personal, non-commercial use. Group Members understand and agree that the ZestLife Platform content is licensed and available to them solely for personal, non-commercial use. Usage of the Platform content for corporate or commercial purposes without an explicit commercial license from ZestLife is prohibited and constitutes both copyright and patent infringement.

Payment Processing

Payments are managed on the Platform through the use of a third party payment-processing provider. In accordance with the Disclaimers section within these Terms, ZestLife disclaims itself from any and all liability that may ensue from your use of the payment processing services.

Disclaimers

ZESTLIFE DOES NOT PROMISE THAT: (1) THE PLATFORM OR ANY CONTENT, APPLICATION, SERVICE, OR FEATURE ACCESSED THROUGH THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, (2) ANY DEFECTS WILL BE CORRECTED, OR (3) YOUR USE OF THE PLATFORM WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE, APPLICATION, SERVICES, PLATFORM, AND THEIR CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE PLATFORM IS SUBJECT TO CHANGE WITHOUT NOTICE. ZESTLIFE CANNOT ENSURE THAT THE APPLICATION, ANY FILES, OR OTHER DATA DOWNLOADED FROM THE PLATFORM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ZESTLIFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ZESTLIFE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, OR CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORM. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ZESTLIFE FOR DISSATISFACTION WITH THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damage, liability, or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
For jurisdictions that do not allow us to limit our liability: notwithstanding any provision of these Terms, if the jurisdiction has provisions specific to waiver or liability that conflict with the above, our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (1) death or personal injury caused by its negligence or that of any of its officers, employees, or agents; or (2) fraudulent misrepresentation; or (3) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Disclaimer of Warranty and Limitation of Liability

YOU HEREBY RELEASE ZESTLIFE AND AGREE TO HOLD ZESTLIFE HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE GROUP SERVICES OR THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY GROUP LEADER AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT ZESTLIFE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
GROUP LEADERS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH USERS AND ANY AND ALL CLAIMS, INJURIES, ILLNESSES, DAMAGES, LIABILITIES AND COSTS (“CLAIMS”) SUFFERED BY USERS AS A RESULT OF THEIR INTERACTION WITH OR VISIT TO ANY SUCH GROUP LEADER. IF YOU ARE A USER, YOU AGREE NOT TO IMPOSE OR ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM ZESTLIFE WITH RESPECT TO ANY AND ALL SUCH CLAIMS. ZESTLIFE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILE OR GROUP SERVICE. ZESTLIFE IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ANY AND ALL GROUP SERVICES OBTAINED THROUGH OUR SERVICES. ACCORDINGLY, ANY GROUP SERVICE OBTAINED BY A USER THROUGH OUR PLATFORM WILL BE MADE AT SUCH USER’S OWN RISK.
YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE THREE (3) MONTH PERIOD PRIOR TO THE DATE OF THE CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section shall survive the termination or expiration of this Agreement.
Any information presented on the Platform by Group Leaders, advertisers, and other Users is presented for your awareness and may not be appropriate for any particular individual or prediction of effectiveness, outcome or success. If you rely on any Content listed on the Platform, you do so solely at your own risk.

Indemnity

You will indemnify and hold our officers, directors, employees, and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your improper use of ZestLife’s Platform, and/or your violation of any law or the rights of a third party. If you become involved in legal proceedings that require ZestLife’s participation, you must pay all attorneys’ fees, costs, and disbursements, even if we are to testify for another party. Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, costs, and disbursements.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Choice of Law

These Terms, and our Services, shall be governed by the laws of the State of Delaware, without giving effect to conflicts of law principles.

Forum of Dispute

Any dispute arising from or relating to these Terms, the Platform, or our Services must be initiated in a court of competent jurisdiction in the State of California within one (1) year after the claim or cause of action arises. After this period, such claim or cause of action is permanently barred. If you fail to bring a dispute in compliance with this section, we may make a motion to dismiss your claim, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion.

Severability

In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms will remain in force as though they had not originally included the unenforceable provision.
If two or more provisions of these Terms are deemed to conflict with each other's operation, ZestLife shall have the sole right to elect which provision remains in force.

Updates to Terms

ZestLife reserves the right to modify, amend, or revise these Terms at any time without prior notice. Such modifications will be effective immediately upon being posted on the Platform. It is your responsibility to regularly review these Terms to stay informed about any changes. Your continued use of the Platform following any modifications, changes, or updates signifies your acceptance of the revised Terms. If you do not agree with the modified Terms, your sole remedy is to discontinue using the Platform.

Contacting ZestLife

If you have any questions about these Terms, or about ZestLife’s Platform, please contact us at support@getzestlife.com.
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