Terms and Conditions
Welcome to Staying Zen! We are a subscription service that provides our members with access to motion pictures, television and other audio-visual entertainment (“Staying Zen content") streamed over the Internet to certain Internet-connected TV's, computers and other devices. We provide you with high quality video of Tai Chi, Qi Gong , yoga, fitness classes, strength and stretch routines, foundational moves, information about fitness and bringing together a community of people that are interested in beginning a fitness routine for the first time or getting into shape after a long time away from fitness. This Website is not directed to persons under eighteen (18) years of age without parental supervision. The Website is owned by Staying Zen. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by Staying Zen, the mobile or tablet versions thereof, any Staying Zen software, and any applications created by Staying Zen whether available through a social networking site or its subsidiaries or affiliated companies. Please note that the availability of any Staying Zen applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Staying Zen and such social networking site, mobile or tablet device, or internet television or other technology platform.
You agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Staying Zen (except for matters that may be taken to small claims court).
b.The Staying Zen service is provided by Staying Zen, Inc., or one of its affiliated companies.
Privacy. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
Communication Preferences. By using the Staying Zen service, you consent to receiving electronic communications from Staying Zen relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Staying Zen service, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Staying Zen. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Staying Zen features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the "Communication settings" link on the "Your Account" page of our website to manage your Staying Zen communications. Please review our Privacy Statement (www.Stayingzen.com/Privacy) for further detail on our marketing communications.
Membership, Free Trials, Billing and Cancellation
i.Ongoing Membership. Your Staying Zen and Tai Chi Virtual Academy membership, which may start with a free trial, will continue month-to-month or year-to-year, based on your membership type and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Staying Zen service. We will bill the monthly or yearly membership fee to your Payment Method. You must cancel your membership before it renews each month or each year in order to avoid billing of the next months or next years membership fees to your Payment Method.
i.Your Staying Zen membership may start with a free trial. For combinations with other offers, restrictions may apply. Free trials are for new members only. Staying Zen reserves the right, in its absolute discretion, to determine your free trial eligibility.
ii.We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "View billing details" link on the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
iii.CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY Staying Zen WEB PAGE TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel or change to an annual membership in which you will be billed year-to-year from the date you switch to the annual option.
i. Recurring Billing. By starting your Staying Zen membership and providing or designating a Payment Method, you authorize us to charge you a monthly or yearly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Staying Zen service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month or year may vary from month to month or year-to-year for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly or yearly in one or more charges.
iv.No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
v.Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Staying Zen website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
vi.Cancellation. You may cancel your Staying Zen membership at any time, and you will continue to have access to the Staying Zen service through the end of your monthly or yearly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARITIAL YEAR MEMBERSHIP PERIODS OR UNWATCHED Staying Zen CONTENT. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the "Your Account" page. If you signed up for Staying Zen using your account with a third party as a Payment Method, and wish to cancel your Staying Zen membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Staying Zen service through that third party. You may also find billing information about your Staying Zen membership by visiting your account with the applicable third party.
a. There is a $75 monetary redemption cap on quarterly point payouts
Staying Zen Service
b.The Staying Zen service and any content viewed through our service are for your personal and non-commercial use only. During your Staying Zen membership, we grant you a limited, non-exclusive, non-transferable, license to access the Staying Zen service and view Staying Zen content through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
c.You may view Staying Zen content through the Staying Zen service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such Staying Zen content. The content that may be available to watch will vary by geographic location. Staying Zen will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. Go to the change plan information in the "Your Account" page to see the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
d. We continually update the Staying Zen service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of Staying Zen content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
e. Some Staying Zen content may become available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
g. The availability of Staying Zen content to watch will change from time to time, and from country to country. The quality of the display of the Staying Zen content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.Staying Zen makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Staying Zen content show will vary based on a number of factors, including your location, available bandwidth at the time, the Staying Zen content you have selected and the configuration of your Staying Zen ready device.
h. Staying Zen software is developed by, or for, Staying Zen and is designed to enable streaming and viewing of content from Staying Zen through Staying zen ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE Staying Zen AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Staying Zen service. If your Staying Zen ready device is sold, lost or stolen, please deactivate the Staying Zen ready device. If you fail to log out or deactivate your device, subsequent users may access the Staying Zen service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the "Your Account" page of our website.
Passwords & Account Access
a. The member who created the Staying Zen account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Staying Zen account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Staying Zen Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
b. In order to provide you with ease of access to your account and to help administer the Staying Zen service, Staying Zen implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Staying Zen service, which includes accessing via Staying Zen ready devices or website.
c. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Staying Zen website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Staying Zen reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Staying Zen is not obligated to credit or discount a membership for holds placed on the account by either a representative of Staying Zen or by the automated processes of Staying Zen.
Disclaimers of Warranties and Limitations on Liability
a. THE Staying Zen SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THERE WITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE Staying Zen SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Staying Zen DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Staying Zen SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Staying Zen SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, Staying Zen READY DEVICES, AND Staying Zen SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
b. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL Staying Zen, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Gifts and Promotions. Gift cards for the Staying Zen service may be available for purchase at third-party retail outlets and websites, which can be redeemed on our website. The purchase and redemption of gift cards are subject to the gift terms (www.stayingzen.com/terms). From time to time, other types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by Staying Zen in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
a. Copyright. The Staying Zen service, including all content provided on the Staying Zen service, is protected by copyright, trade secret or other intellectual property laws and treaties.
b. Trademarks. Staying Zen is a registered trademark of Staying Zen
c. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the Staying Zen service, please notify us by sending an email here: email@example.com.
Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Staying Zen service. These Applications may import data related to your Staying Zen account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Staying Zen is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY Staying Zen AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
Use of Information Submitted. Staying Zen is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Staying Zen service, including the Staying Zen website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Staying Zen service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note Staying Zen does not accept unsolicited materials or ideas for Staying Zencontent, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Staying Zen. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Staying Zen and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
b. If you elect to seek arbitration or file a small claim court action, you must first send to Staying Zen , by certified mail, a written Notice of your claim ("Notice"). The Notice to Staying Zen must be addressed to: General Counsel,Staying Zen, 6122 S Garnett Rd Unit A Broken Arrow, OK 74012 (“Notice Address"). If Staying Zen initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Staying Zen must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Staying Zen and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Staying Zen may commence an arbitration proceeding or file a claim in small claims court.
c. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Staying Zen receives notice at the Notice Address that you have commenced arbitration, Staying Zen will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
d. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Staying Zen and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
e. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. All arbitration proceedings under this Agreement shall be held exclusively in Miami, Florida. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Staying Zen last written settlement offer made before an arbitrator was selected (or if Staying Zen did not make a settlement offer before an arbitrator was selected), then Staying Zen will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
f. YOU AND Staying Zen AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Staying Zen agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Waiver of Liability
You are accessing and using Staying Zen content which is offered by Staying Zen through its the service (collectively, the “Activities”).
You recognize that you must be in adequate physical and mental health to participate in the Activities. You understand that the Activities may require intense physical exertion, and you represent and warrant that you are physically fit enough to participate and you have no medical condition which would prevent my full participation in the Activities. You recognize that the Activities may cause a physical injury or medical condition. You understand that it is your responsibility to consult with a physician before you participate in the Activities. If you have done so, you have taken the physician’s advice. You understand that Staying Zen, Tai Chi Virtual Academy reserves the right to refuse your participation in any Activity on medical, fitness or any other grounds.
You are aware that your participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries or conditions that you may have. You understand that you could experience muscle, back, neck and other injuries as a result of your participation in the Activities. You understand your physical limitations and you are sufficiently self-aware to stop or modify your participation in any Activity before you become injured or aggravate a pre-existing injury.
In consideration of being permitted to participate in the Activities, you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of participating in the Activities including those which may result from the negligence of Staying Zen.
e. In further consideration of being permitted to participate in the Activities, you knowingly, voluntarily and expressly waive any “Claim” (as defined below) you may have against Staying Zen, its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that you may sustain as a result of participating in the Activities even if the Claim arises from the negligence of any Released Party or anyone else. You agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by you or anyone making a Claim on your behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else.
f. “Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that you may suffer, you spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.
g. You, your heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.