TERMS AND CONDITIONS
1. By checking the "Agree" button or signing the Foundation (non-profit)'s Registration Agreement, as applicable, you, as "Foundation (non-profit)", accept that these Terms and the site-specific terms as printed herein, or noted in the online product listing and the local website landing page, as applicable, constitute the entire agreement between you and Ageless Zen Inc.,("us" or "we") regarding the use of our product services with respect the website and your on-site or online participation in the website. Upon acceptance, we grant you and/or your patrons the right to purchase at the website. We reserve the right to refuse any customer the privilege of product access, and we may revoke such privilege at any time. You acknowledge that the privilege to purchase at the website is being granted in reliance upon the representations, limitations, exclusions and disclaimers described in these Terms and those elements form an essential basis of the agreement between the parties. These Terms will survive and continue to apply in the event we suspend or revoke your right to use or purchase at the website. The website will be conducted by offering the items either individually or in sets.
2. You, or your patron, whether acting as principal, agent, officer or director of a business entity or otherwise, in any capacity whatsoever, and the entity you or they represent, both JOINTLY AND SEVERALLY agree: (a) to indemnify and save us and our partners harmless from any and all causes of action and losses arising from you or your patron, your employees or other representatives' participants at the website, (b) to be responsible for the payment of the purchase price and taxes, due on all of your purchases, regardless of whether you remain in possession of your assigned Foundation (non-profit) number or not; (c) that all rights and defenses available to us hereunder shall extend to the partners.
3. We may, at any time, without notice or liability to you: (a) withdraw or cancel the sale of any product or set, (b) extend the product deadline for sets or (c) offer any products in sets or with privilege.
4. You acknowledge that we cannot guarantee the continuous or secure operation of, or access to, our mobile, web-based product platform and applications, or our website platform terminal hardware. Our servers, computer or communications components and systems, or certain application functionality, are subject to failures, outages, and delays beyond our control. We will not be held liable for any claims or alleged losses arising out of or relating to any of the foregoing events.
5. You shall not, directly or indirectly, copy or knock-off any product or set
6. THERE SHALL BE NO GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE OF ANY NATURE WHATSOEVER IN RESPECT OF THE PRODUCT(S) OR SET(S) OFFERED AT THE WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITATION, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY OF THE PRODUCTS OR SETS ARE IMPORTABLE INTO ANY PARTICULAR COUNTRY OR THAT ALL THE SUPPORTING DOCUMENTATION IS PRESENT. YOU AGREE THAT YOU HAVE SATISFIED YOURSELF AND ARE NOT RELYING ON US, NOR ARE WE LIABLE, FOR ANY MATTER IN RESPECT OF THE ABOVE. YOU FURTHER AGREE SHOULD ANY PRODUCT OR SET PURCHASED AT THE WEBSITE BE DETERMINED BY YOU OR YOUR PATRON TO DEFECTIVE, YOU WILL WITHIN 30 DAYS OF PURCHASE CONTACT THE COMPANY TO GIVE COMPANY AN OPPORTUNITY TO REPLACE SUCH ITEM, UNDERSTANDING THAT UNDER NO CIRCUMSTANCES IS THE COMPANY LIABLE FOR ANY AMOUNT EXCEEDING THE PRICE PAID FOR THE PRODUCT(S), OR SET(S).
7. You acknowledge that a website is a potentially dangerous place and hereby release us, our affiliates and our and their respective agents and employees from any and all claims and alleged losses, whether known or unknown, arising out of or relating to any injuries or harm sustained, or for damages to, or loss of, property, which may occur from any cause whatsoever.
8. We shall settle any dispute arising as to any product(s) or set(s), or promotions, in the way that the Company sees fit. We reserve the right to set product increments sets or refuse any purchase offer which does not meet the applicable product or set increment.
9. Purchases become the responsibility of and shall be and remain at your risk immediately upon acceptance of your payment. We shall not be responsible for any loss or damage in shipment.
10. Each qualified purchased product or set under this program will result in a 30% (of the price paid) donation made by the Company to your Foundation (non-profit). For any domestic (in USA) purchases by you or your patron, over $60 USD, the Company will pay shipping costs.
11. If you take product or sets on consignment for any promotion, event, fundraiser, we may require you to provide a deposit as a condition of the consignment. Such deposit will be credited to any sales made by the Foundation (non-profit) for which payment is made directly or indirectly to Company.
12. Any outstanding balance must be paid within seven (7) days of the completion of the sale. We may apply any payment or deposit received from you or your affiliates towards any outstanding amounts otherwise due and owing to us or our affiliates in connection with any purchases, deficiencies or services rendered.
13. No sale shall be invalidated by reason of any defect or inaccuracy in any of the product(s) or set(s) by reason of their being incorrectly described on our website, catalog or elsewhere and we shall bear no liability in respect of any such fault or errors. The listings have been prepared as a guide only, based on the information which we believed to be reliable.
14. These Terms may be amended by Company without mutual agreement. You may not assign any rights or benefits under this Agreement without our prior written consent.
15. Subject to clause 18, except to the extent of our gross negligence or specific intentional misconduct, and to the maximum extent permitted by applicable law, we and our staff and subcontractors shall not be liable - on whatever legal grounds - for any damages or losses whatsoever (including direct, indirect, incidental or consequential damage of any kind, including loss of revenue, profits, or reputation, or the cost of substituted goods). If, regardless of the previous sentence, we are found to be liable to you, then our total liability to you for any damages and losses of any nature arising out of or in connection with these Terms, the website, or our services, shall not exceed the price paid for any Company product(s), or set(s).
16. These Terms shall be governed by and interpreted under the laws of the state of Nevada without giving effect to any of the principles of conflicts of laws or the United Nations Convention on Contracts for the International Sale of Goods. Any action against Company arising from or relating to these Terms or any purchase hereunder shall be commenced in a State or Federal Court in Douglas County, Nevada, and the Foundation (non-profit) irrevocably consents to the exclusive jurisdiction of such courts
17. If you claim an exemption based on goods being shipped out of state for use out of state, then the goods must be delivered to and shipped by a common carrier, and you shall assume all risks and costs associated therewith.
18. We do not allow participation by any person nor authorize purchases or shipments in violation of applicable export and re-export control laws and regulations. You represent that you are not restricted by any such requirements from purchasing product(s) or set(s) and that you will not take any actions in violation of these laws and regulations without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You accept and expressly assume full responsibility for determining licensing requirements and obtaining license authority, as necessary, for the export or import of all product(s) or set(s) purchased. If you or your patron(s) act in a manner that is contrary to any of the foregoing, we and our partners do not assume any liability and you cannot claim any indemnity, reimbursement or compensation of any kind arising out of or in connection with such activity.
19. You acknowledge and agree that: (i) the displayed amounts, website pricing and overall purchasing results, any data obtained from our promotional materials or noted in our online listings or the audio/video associated with an website (collectively, "Website Data") may only be accessed, displayed and used by you and or you patrons for the sole purpose of purchases of product(s) or set(s) at the website; (ii) you may not without our express written permission, directly or indirectly, through any means whatsoever, record, capture, store, reproduce, rebroadcast, retransmit, redistribute, or create derivative works from any Website Data; (iii) we and our licensors own all right, title and interest in and to all Website Data; and (iv) you