Now & Zen -- Gift Card Program

TERMS AND CONDITIONS

Conditions of Use
Now & Zen and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Now-Zen.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Now & Zen service (e.g., Share the Stillness, Gift Cards or Electronic email-based Gift Cards) or visit or purchase from any business affiliated with Now & Zen, whether or not included in the Now & Zen Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

PRIVACY
Please review our Privacy Notice, which also governs your visit to Now & Zen, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you visit Now & Zen or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Now & Zen or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Now & Zen and protected by U.S. and international copyright laws. All software used on this site is the property of Now & Zen or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS
NOW & ZEN, ZEN ALARM CLOCK and other marks indicated on our site are registered trademarks of Now & Zen, Inc. or its subsidiaries, in the United States and other countries. Other Now & Zen graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Now & Zen, Inc. or its subsidiaries. Now & Zen's trademarks and trade dress may not be used in connection with any product or service that is not Now & Zen's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Now & Zen.

LICENSE AND SITE ACCESS
Now & Zen grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Now & Zen. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Now & Zen. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Now & Zen and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Now & Zen's name or trademarks without the express written consent of Now & Zen. Any unauthorized use terminates the permission or license granted by Now & Zen. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Now & Zen so long as the link does not portray Now & Zen, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Now & Zen logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Now & Zen only with involvement of a parent or guardian. Now & Zen and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

RISK OF LOSS
All items purchased from Now & Zen are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS
Now & Zen attempts to be as accurate as possible. However, Now & Zen does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Now & Zen itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY NOW & ZEN ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOW & ZEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NOW & ZEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOW & ZEN DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NOW & ZEN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOW & ZEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW
By visiting Now & Zen, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Now & Zen or its affiliates.

DISPUTES
Any dispute relating in any way to your visit to Now & Zen or to products you purchase through Now & Zen shall be submitted to confidential arbitration in Boulder, Colorado, except that, to the extent you have in any manner violated or threatened to violate Now & Zen's intellectual property rights, Now & Zen may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to Now & Zen. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS
Now & Zen, Inc.
743 Pine St., Boulder, CO, 80302 USA
(303) 530-9028
http://www.Now-Zen.com