Terms of Use

Effective/Revised July 1, 2021

This website is operated by Zest Seniors, LLC (“we,” “us,” “our,” or “Zest Seniors”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”) apply to our users’ (“you” or “your”) use of our websites at https://zestseniors.com, https://www.facebook.com/zestseniors, #MyZestFriend (Instagram) and https://www.linkedin.com/company/zestseniors (the “Sites”), which are owned and operated by us.

Your use of the Sites means that you accept and agree to these Terms of Use. If you do not agree to these Terms of Use or our Privacy Policy, do not use or access the Sites.

We may revise and update these Terms of Use from time to time at our sole discretion and will post any updates to the Terms of Use on the Sites. Be sure to check the Sites periodically for updates, as your continued use of the Sites signifies your acceptance of any changed items.

Use of the Sites

You may use the Sites for a variety of reasons, including to:

  • Access e-newsletters, news, and search for information;
  • Investigate home care options;
  • Obtain resources for family caregivers;
  • Obtain information about the cost of non-medical home care; and
  • Learn more about owning a Zest Seniors franchise.

You may choose to use the Sites to provide information to us. If you choose to provide your contact information, will be in touch with you regarding your needs.

You may not use the Sites for any purpose that is unlawful or prohibited by these Terms, or cause damage on or through the Sites. You promise that none of your communications with or through the Sites will violate any local, state, national or international law.

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

All materials on the Sites (including articles, text, photographs, images, illustrations, graphics, video material and audio material) and any software used on the Sites, are our property or the property of our subsidiaries, affiliates or suppliers and are protected by copyright, trade dress, trademark and/or other intellectual property laws and proprietary rights. Additionally, the Sites themselves are protected by copyright as collective works and/or compilations. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes to such content.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites. Our content is not for resale. Your use of the Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.

You may browse through the Sites and occasionally download a copy of materials appearing on the Sites that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Sites. You may not attempt to alter or modify the content posted on the Sites. Except as expressly set forth in this paragraph, you may not copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Sites.

Zest Seniors Trademarks

ZEST SENIORS and all related names, logos, product and service names, designs and slogans are trademarks of Zest Seniors, our subsidiaries or affiliates, or other parties that have licensed their materials to us. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of Zest Seniors’ worldwide proprietary rights, and Zest Seniors may own or control other proprietary rights in the United States or one or more countries outside of the United States. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Digital Millennium Copyright Act Policy

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). Submitting a claim of copyright infringement, however, is a serious claim and before you send us notification, you should attempt to reach out to the user who posted the content and may work with that individual regarding the infringing content.

If you believe that any content on the Sites infringes on the intellectual property of a third party, you may send us a notice. To submit a claim, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content on the Sites that infringes upon the copyright, and a declaration that: (i) you, in good faith, believe the information is infringing on the copyright of a third party, (ii) the information you include in your notice is accurate, and (iii) you are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation.  It is our policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.

Feedback and Submissions

Unfortunately, under our corporate contracts Zest Seniors is unable to accept unsolicited ideas. But thanks for thinking of us. Any material you submit to the Sites will be deemed a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called “moral rights” have been waived. You promise that none of your communications with or through the Sites will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.

Links to Other Websites

The Sites may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website on the Sites does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the Sites to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

Indemnification

You agree to defend, indemnify and hold Zest Seniors, its affiliates, officers, directors, employees, franchisees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of or inability to use the Sites, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Electronic Communications

Visiting the Sites or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.

Product Sales and Availability

Zest Seniors reserves the right without prior notice to discontinue or change specifications on products and services offered on the Sites without incurring any obligations.

ZEST SENIORS AND/OR ITS AFFILIATES, FRANCHISEES, SUPPLIERS, SUCCESSORS AND ASSIGNS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO OUR SERVICES, ALL CONTENTS OF THE SITES ARE OFFERED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER EITHER EXPRESS OR IMPLIED. ZEST SENIORS AND/OR ITS AFFILIATES, FRANCHISEES, SUPPLIERS, SUCCESSORS AND ASSIGNS MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. ZEST SENIORS AND/OR ITS AFFILIATES, FRANCHISEES, SUPPLIERS, SUCCESSORS AND ASSIGNS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT ZEST SENIORS ON THE SITES, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITES CONTAIN ALL THE RELEVANT INFORMATION AVAILABLE ABOUT ZEST SENIORS. ZEST SENIORS UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION. IN PARTICULAR, IF YOU ARE MAKING AN INVESTMENT DECISION REGARDING ZEST SENIORS, PLEASE CONSULT A NUMBER OF DIFFERENT SOURCES, INCLUDING ZEST SENIORS FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZEST SENIORS, ITS AFFILIATES, FRANCHISEES, SUPPLIERS, SUCCESSORS AND ASSIGNS AND ANY OTHERS INVOLVED IN CREATING THE SITES AND THEIR CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITES OR INFORMATION AVAILABLE ON THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES. ZEST SENIORS SHALL NOT BE LIABLE EVEN IF ZEST SENIORS OR A ZEST SENIORS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THE SITES DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Zest Seniors’ total liability to you for damages, losses, and causes of action (whether in contract, tort, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the Sites or $100, whichever is lesser. You agree to bring any and all actions within six months from the date of the accrual of the cause of action and that actions brought after this date will be barred.

Additional Terms

Certain products or services offered by the Sites, and certain areas within the Sites may be governed by additional terms of use and/or other agreements (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms of Use, the Additional Terms shall control.

Privacy and Children’s Information

Please see our Privacy Policy for more information about the steps we take to protect your privacy. With respect to children’s privacy, we will not knowingly collect any personally identifiable information from children under the age of thirteen years. The Sites are directed to adults at least eighteen years old, and when a user discloses personal information on the Sites, the user is representing to us that he or she is an adult.

Geographic Scope of the Sites

Zest Seniors controls and operates the Sites from within the United States of America. Unless otherwise specified on or by the Sites, the Sites are intended to promote only those Zest Seniors products that are sold by Zest Seniors in the United States and its territories, and Zest Seniors makes no representation that materials on the Sites or the products or services described on the Sites are appropriate or available for use in other locations. If you access the Sites from outside the United States, be advised the Sites may contain references to products and services that are not available or are prohibited in your country. All visitors to the Sites are responsible for compliance with all local laws applicable to them with respect to the content and operation of the Sites. This English-language Terms of Use agreement is Zest Seniors official agreement with users of the Sites. In case of any inconsistency between this English-language Terms of Use agreement and its translation into another language, this English-language document shall control.

No Waiver

No delay or failure on the part of Zest Seniors to enforce any part of these Terms of Use shall constitute a waiver of any of Zest Seniors rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Zest Seniors nor the reliance of any person on Zest Seniors actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Zest Seniors shall have any legal effect whatsoever.

Severability

If any clause or provision set forth in these Terms of Use is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

Disputes, Governing Law and Jurisdiction

You agree that: (1) any claim or dispute (whether in contract, tort, or otherwise) you may have with Zest Seniors arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration in accordance with the American Arbitration Association’s Commercial Arbitration Rules through an arbitration proceeding to be administered by the American Arbitration Association (or any like organization successor thereto) in Austin, TX. Your agreement  to arbitrate any and all such disputes, claims and controversies and the results, determinations, findings, judgments and/or awards rendered through any such arbitration shall be final and binding and may be specifically enforced by legal proceedings. All issues relating to arbitrability or the enforcement of the agreement to arbitrate contained herein shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.)(“FAA”) and the federal common law of arbitration. The arbitrator shall apply Texas law consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law. No action shall be arbitrated on a class or representative basis as you and Zest Seniors hereby waive the right to assert claims in any class or representative action. BOTH YOU AND Zest Seniors AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. Finally, this arbitration provision is reciprocally binding on all parties, such that both you and Zest Seniors are required to arbitrate their claims against one another. Any dispute arising from these Terms of Use or from the use of or inability to use the Sites shall be resolved exclusively in the state and federal courts of Texas. Any such dispute (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of Texas, without reference to its conflicts of law principles. You agree to submit to the personal jurisdiction and venue of the courts of Texas for any legal proceeding involving the Sites, regardless of who initiated the proceeding.

Miscellaneous Terms

These Terms of Use, together with our Privacy Policy here which is hereby incorporated by reference constitute the entire agreement between you and us related to your use of the Sites.

Contact Us

If you have any questions regarding our Terms of Use, please contact us: connect@zestseniors.com.

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