Terms of Use

Terms of Use

Last Updated: 12/13/23

Welcome to Zero. Our company, Zero Longevity Science, Inc. (“Company,” “we” and “us”),  provides its services (described below) to you (“you”) through its website located at https://www.zerolongevity.com/ (the “Site”) and through its mobile applications (the “App”), (collectively, including any new features and applications, and the Site and the App, the “Service(s)”), subject to the following terms and conditions (as amended from time to time, the “Terms”).

PLEASE CAREFULLY REVIEW THESE TERMS AND OUR PRIVACY POLICY (AVAILABLE AT https://zerolongevity.com/privacy-policy) BEFORE USING THE SERVICES. BY USING THE SERVICES (INCLUDING BY VISITING THE SITE, DOWNLOADING THE APP OR MAKING ANY OTHER USE OF THE SERVICES), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT YOU HAVE REVIEWED AND UNDERSTAND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OR IF YOU OBJECT TO OUR PRIVACY POLICY, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICES. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS FOR RESOLVING DISPUTES WITH COMPANY. 

These Terms are a binding contract between you and Company. Your acceptance of these Terms in any manner, including by using the Services in any way, means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at support@zerolongevity.com.

By using the Services, you affirm that you (i) are at least eighteen (18) years of age, (ii) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms, and (iii) have not previously been terminated, removed, or suspended from the Services. You may only use the Services for your own personal, non-commercial use, not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your use of the Services in a way that breaks the law.

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Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time and for any reason, but if we do, we will try to bring the changes to your attention by placing a notice on the Services, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; however, doing so means you will no longer have the right to use the Services. If you use the Services in any way after the date we specify the change to the Terms will be effective, that means you agree to all of the changes to the Terms.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

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What about my privacy?

We take the privacy of our users very seriously. To review our current Privacy Policy, please click here. Our Service is not directed to children who are under the age of 18. If you have reason to believe that a child under the age of 18 has provided personal data to us, please contact us at support@zerolongevity.com and provide any information we may need to investigate the matter.

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What are the most important things to remember when using Zero?

The Company does not offer, and the Services, Content, and User Submissions do not constitute medical or healthcare advice or services, and no physician-patient relationship with the Company or any of its employees, officers, or agents is created or implied by your accessing or using the Services or any Content. The Content and other information and materials provided through the Services are provided solely for informational purposes. You should always seek the advice of a physician or other qualified healthcare provider who you personally know and trust before starting, stopping, or modifying any treatment or medication. We do not represent or warrant that any particular medication or treatment (or lack thereof) is safe, appropriate, or effective for you. Company is neither responsible nor liable for any advice, course of treatment, diagnosis or any other third party information, site, product, or service that you purchase or access through the Services or any third-party sites.

The Services are intended for use only by individuals who are healthy enough to make changes to their diets and lifestyles, and are not intended for use by minors or individuals with any type of health condition that makes the kind of changes to diet or lifestyle suggested by the Services unsafe or inappropriate. You should not use the Service if you are pregnant or nursing. You should consult a healthcare professional if diet or other lifestyle changes cause you pain or severe discomfort, and you should consult a healthcare professional prior to returning to diet or other lifestyle changes in such cases. We reserve the right to deny you access to the Content or Services for any reason or no reason, including if we determine, in our sole discretion, that your use of the Content or Services may place you at risk due to certain medical conditions.

If you are in a life-threatening situation, feel that you are a danger to yourself or others, or are having thoughts of suicide, please call 988 or the 24-hr National Suicide Prevention Lifeline at 1.800.273.8255 and notify the relevant authorities. Your call will be routed to a crisis center near you. If your issue is an emergency, call 911 immediately or go to your nearest emergency room. You acknowledge and understand that you should never delay seeking treatment from your primary care physician or other qualified healthcare professional.

THE SERVICES DO NOT OFFER OR INCLUDE EMERGENCY CARE AND ARE NOT A SUBSTITUTE FOR CLINICAL DIAGNOSIS AND TREATMENT BY HEALTHCARE PROFESSIONALS. YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES OR IMPLEMENTING ANY CHANGES TO YOUR DIET OR LIFESTYLE THAT MAY BE SUGGESTED BY THE SERVICES, YOU WILL CONSULT WITH YOUR PHYSICIAN REGARDING YOUR USE OF THE SERVICES AND ANY SUCH DIET OR LIFESTYLE CHANGES, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM CHANGES IN YOUR DIET OR LIFESTYLE. YOU HEREBY AFFIRM THAT A PHYSICIAN HAS SPECIFICALLY APPROVED YOUR USE OF THE SERVICES. 

BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ZERO LONGEVITY SCIENCE AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIM ALL LIABILITY FOR YOUR ACTIONS AND INACTION AND THE ACTIONS OR INACTION OF ANY OTHER USER. YOU UNDERSTAND AND AGREE THAT THE COMPANY MAKES NO REPRESENTATIONS AND WILL HAVE NO OBLIGATION OR LIABILITY WITH RESPECT TO A) THE APPROPRIATENESS OF YOUR ENGAGING IN A WEIGHT LOSS PROGRAM OR ANY OTHER DIET OR LIFESTYLE CHANGE SUGGESTED BY THE CONTENT OR SERVICES; B) THE RESULTS (OR LACK OF RESULTS) OF YOUR USE OF THE SERVICES OR YOUR ENGAGEMENT IN ANY DIET OR LIFESTYLE CHOICE SUGGESTED BY THE CONTENT OR SERVICES; AND C) ANY HEALTH RELATED MATTERS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR YOUR ENGAGEMENT IN ANY DIET OR LIFESTYLE CHOICE SUGGESTED BY THE CONTENT OR SERVICES.

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How Do I Register and Use the App? 

To use some features of the Services, you may be required to sign up for an account and either provide your name and email address and select a password or use third party authentication (“Company User ID”). You promise to provide us with accurate and complete registration information about yourself and to keep that information current at all times. You may not select as your Company User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You agree not to share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

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Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not post or upload to the Services any User Submission or other Content (each of those terms as defined below) or otherwise use the Services or interact with the Services in a manner that:

• Infringes or violates anyone’s intellectual property rights, privacy rights, or any other rights;
• Impersonates any person or entity or otherwise misrepresents your affiliation or the origin of any materials that form part of your User Submission, or falsifies any information provided during registration of your account;
• Violates any law or regulation, including any applicable export control laws;
• Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Jeopardizes the security of your Services account or anyone else’s Services account (such as allowing someone else to log in to the Services as you);
• Attempts, in any manner, to obtain password, account, or other security information from any other user;
• Uses any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services, including uploading or disseminating any virus, adware, spyware, worm, or other malicious code, or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• Distributes any unauthorized materials or advertises or promotes goods or services through the Services without our permission (including, without limitation, by sending spam or any other similar solicitation); 
• Runs any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
• Engages in unauthorized “crawling,” “scraping,” or harvesting of Content or personal information, or use any other unauthorized automated means to compile information available through the Services (through use of manual or automated means);
• Copies or stores any significant portion of the Content;
• Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
• Engages in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type, including causing damage to our reputation; or
• Assists any person in doing any of the above.

Without limiting any other remedy we may have, a violation of any of the foregoing is grounds for termination of your right to use or access the Services.

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‍What are my rights in the Services?

The materials displayed, performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark notices, and other proprietary markings and restrictions contained in any Content you access through the Services, and you agree that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates anyone’s (including Company’s) rights.

You understand that Company owns the Services. You agree that you won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to download certain Content; however, all of the restrictions above will continue to apply to any such downloaded Content.

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Do I have to grant any licenses to Company or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

You continue to own any User Submissions that you submit through the Services, but by submitting User Submissions, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sublicensable license to publish, reproduce, distribute, display, perform, edit, adapt, modify, and otherwise use your User Submissions (or any portion thereof) without restriction and in any form, media, or technology now known or later developed.  You hereby waive any moral rights you may have in your User Submissions. Other users may be able to access and view your User Submissions on the Services, depending on your account settings. Once you post or share your User Submissions with other users of the Services, you grant those users a non-exclusive license to access and use your User Submissions, as long as that use is consistent with these Terms and the functionality of the Services. 

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‍Who is responsible for what I see and do on the Services?

You acknowledge that diet and exercise activities and other lifestyle changes involve risks, including risk of bodily injury or death, and you expressly acknowledge and agree to assume those risks. You hereby acknowledge and agree that you will consult a licensed, certified healthcare professional prior to beginning or modifying any diet or exercise program that you undertake, even if recommended by the Content you obtain through the Services. 

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated. You access and use all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to make such Content available on the Services, and to grant the licenses specified above with respect to such Content. You further represent that you have obtained the consent of all individuals who are identifiable in your User Submissions, or of the individual’s parent or legal guardian if the individual is under 18 years old, to include the individual’s likeness in your User Submissions and for us to enjoy all of the rights and privileges that you grant to us under these Terms.

We are not obligated to publish or use your User Submissions.  We may monitor, review, edit, remove, delete, or disable access to your User Submissions at any time, without prior notice and in our sole discretion, for any or no reason.

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What About Third Party Websites?

The Services may contain links or connections to third party websites or services that are not owned or controlled by Company. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Company is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Company has no obligation to monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation is necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between users of the Services, or between users and any third party, you agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

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‍Will Company ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect your use of any Services, but we do not guarantee that you will receive any such notice. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

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Does Zero cost anything?

Certain elements and features of the Services are free, but we charge for some Content and features of the Services and reserve the right to charge for certain additional Content and Services in the future. We will notify you before any Content or Services you are then using begin carrying a fee, and if you wish to continue using such Content or Services, you must pay all applicable fees for such Services. Before using any portions of the Content or Services that are available for a fee, you will be required to select a payment plan and provide Company information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms. You hereby authorize Company to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you. We reserve the right to change prices for any Content or Services. If Company does change prices, Company will provide notice of the change on the site, in the App, or in an email to you, at Company’s option, at least 30 days before the change is to take effect. Your continued use of the Content or Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with your use of the Content or Services other than U.S. taxes based on Company’s net income.

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‍What if I want to stop using Zero?

Simply uninstall the App and stop using the Services. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you have provided to us after you have stopped using our Services.

Company is also free to terminate (or suspend access to) your use of the Content, Services, or your account, for any reason, in our discretion, including, without limitation, your breach of these Terms. Company has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

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I use the Company App – should I know anything about that?

Company offers software applications that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”).  If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel.  These Terms are between you and us only, and not with the Distribution Channel.  To the extent that you utilize any other third party products and services in connection with your use of our Content or Services, you agree to comply with all applicable terms of any agreement for such third party products and services.

With respect to our software that is made available for your use in connection with an Apple-branded product (such software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:

Company and you acknowledge that these Terms are concluded between Company and you only, and not with Apple Inc. (“Apple”), and that as between Company and Apple, Company, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the usage rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.

Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the usage rules set forth in the App Store Terms of Service.

Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software. 

Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Company’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

Company and you acknowledge that Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  

In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Company as follows:

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support@zerolongevity.com 

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Zero Longevity Science, Inc.

3739 Balboa St # 1008 

San Francisco, CA 94121

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Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

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‍Can I access the Services from my mobile device?

The Services includes certain Content and services that are available via a mobile device, including (i) the ability to upload Content to the Service via a mobile device and (ii) the ability to browse the Content and Services from a mobile device (collectively, the “Mobile Services”). To the extent you access the Content or Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the Services and Company and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Zero account information to ensure that your messages are not sent to any person that acquires the ability to use your old number.

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Warranty Disclaimer.

Neither Company nor its licensors or suppliers makes any representations or warranties concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of Content or other material contained in or accessed through the Services. We make no representations or warranties with respect to professional qualifications, expertise, or quality of work, and in no event shall we be liable to you for any decision made or action taken or not taken in reliance on any Content available through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Company or others (unless, with respect to such others only, such warranty is provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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Limitation of Liability.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, (C) ANY DEATH OR BODILY INJURY THAT YOU SUFFER, OR THAT YOU CAUSE TO ANY THIRD PARTY, IN CONNECTION WITH YOUR USE OF THE SERVICE OR ITS CONTENT OR ANY DIET, EXERCISE OR OTHER ACTIVITY YOU UNDERTAKE IN CONNECTION WITH YOUR USE OF THE SERVICE OR ITS CONTENT, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

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Indemnity. 

To the fullest extent permissible under applicable law, You agree to indemnify and hold Company, its affiliates, and it its and their respective officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services and Content (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

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Assignment. 

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Company’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

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Choice of Law.

These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. 

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Arbitration and Class Action Waiver.

‍PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE. 

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In order to expedite and control the cost of disputes, Company and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or the Terms (“Dispute”) will be resolved as follows to the fullest extent permissible under applicable law:

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a) Notice of Dispute. In the event of a Dispute, you or Company must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by first class U.S. Mail to Company at Zero Longevity Science, Inc. 3739 Balboa St # 1008 San Francisco, CA 94121 and also via e-mail to legal@zerolongevity.com.  Company will send any Notice of Dispute to you by first class U.S. Mail to your address if Company has it, or otherwise to your e-mail address. You and Company will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Company may commence arbitration. An arbitrator will decide any disputes over whether this subsection has been violated, and has the power to enjoin the filing or prosecution of arbitrations. Unless prohibited by applicable law, the arbitrator shall not administer any arbitration unless the requirements of this subsection have been met.

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b) Mediation, Binding Arbitration and Governing Law. You and Company shall endeavor to settle any Dispute by mediation under the Mediation Rules of Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The place of mediation shall be San Francisco, California. Any Dispute which has not been resolved by mediation as provided herein within thirty (30) days after appointment of a mediator or such time period as you or Company may otherwise agree, shall be finally resolved by binding arbitration as described herein. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act.  The arbitrator shall decide all issues pertaining to arbitrability, including his or her own jurisdictional validity and enforceability of the Agreement (e.g., unconscionability).  For the avoidance of doubt, this is not meant to reduce any powers granted to the arbitrator under the applicable JAMS rules. The place of arbitration shall be San Francisco, California. Any court with jurisdiction over the parties may enforce the arbitrator’s award. 

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c) Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor Company will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Class actions and class arbitrations are not permitted; for example, you may bring a claim only on your own behalf and cannot seek relief that would affect other Service users. Nor may an arbitrator consolidate arbitrations unless all parties agree. If there is a final judicial determination that the limitations of this paragraph are unenforceable as to a particular claim or a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.

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d) Mass Arbitrations. If 10 or more claimants submit similar Notices of Dispute or file similar arbitrations and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration in stages using staged bellwether proceedings. You agree to do this even though the resolution of some claims might be delayed. In the first stage, the parties shall select up to 3 cases to be filed in arbitration and resolved by separate arbitrators. In the meantime, no other cases may be filed in arbitration. Nor may the arbitration provider accept, administer or demand payment for fees for other arbitrations. If the remaining cases are not settled after the first stage is done, the parties will repeat the process. These staged bellwether proceedings will continue until all cases are resolved. If this subsection applies to a Notice of Dispute, any statute of limitations applicable to the listed claims will be tolled from the time the first cases are selected for bellwether proceedings until the claimant’s Notice of Dispute is selected for a bellwether proceeding or otherwise resolved. A court will have the authority to enforce this subsection, including the power to enjoin the filing or prosecution of arbitrations or assessment of related fees.

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e) Arbitration Procedures. Any arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the JAMS Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, Company and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the JAMS Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.

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f) Arbitration Fees. Whoever files the arbitration pays the initial filing fee. If Company files, then Company will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses (including attorney’s fees) from another party if the arbitrator, applying applicable law, so determines.

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g) Filing Period. To the maximum extent permissible under applicable law, any Dispute under the Agreement must be filed within one (1) year in an arbitration proceeding. The one-year period begins on the earliest date when any of the alleged claims first accrue, regardless of whether additional damages occur after such claims first accrue. If a Dispute is not filed within one year, it is permanently barred.

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h) Opt-Out. You can opt out of arbitration within 30 days of the date that you first agreed to the Terms (including any earlier version). If you have previously agreed to arbitration, then you may opt out of any future revisions to the arbitration provision within 30 days of receiving notice of the updated arbitration provision, in which case the prior version of the arbitration shall apply. To opt out of arbitration (or revisions to this arbitration provision), you must send your name, residence address, username, email address or phone number you use for your Services  account, and a clear statement that you want to opt out of this arbitration agreement (or of the revisions to it), and you must send them here: Zero Longevity Science, Inc. 3739 Balboa St # 1008 San Francisco, CA 94121

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i) Third Party Beneficiaries. COMPANY’S AFFILIATES, AGENTS, EMPLOYEES, AND SUBCONTRACTORS ARE INTENDED AS THIRD PARTY BENEFICIARIES OF THE ARBITRATION CLAUSES IN THIS ARBITRATION AND CLASS ACTION WAIVER SECTION.

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Termination

You agree that Company, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Content or Services and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Company may also in its sole discretion and at any time discontinue providing the Content and Services, or any part thereof, with or without notice and Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Content or Services. Further, you agree that Company will not be liable to you or any third party for any termination of your access to the Content or Services.

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Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Content or  Services, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Company, and that they supersede and cancel all previous written and oral agreements, communications and other understandings between you and us relating to the subject matter of these Terms.

You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Company, and you do not have any authority of any kind to bind Company in any respect whatsoever. Except as expressly set forth herein, you and Company agree that there are no third party beneficiaries intended under these Terms.

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Questions? Concerns? Suggestions?

Please contact us by email at support@zerolongevity.com to report any violations of these Terms or to pose any questions or suggestions regarding these Terms or the Service.