Last Updated May 24, 2025

These Terms of Use (these “Terms”) are entered into by Blue Zones, LLC (“Blue Zones,” “we,” “our” or “us”) and you as a user (“you” or “your”) of the Digital Services and any other services, or content controlled by Blue Zones that includes, displays, attaches, links to, or references these Terms, including, without limitation, all, content, features, and functionality available through the Digital Services (the “Digital Services”). You acknowledge and agree that the following terms, conditions, guidelines, covenants, and notices set forth herein shall govern your access and use of the Digital Services.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU BEGIN USING THE DIGITAL SERVICES. BY ACCESSING OR USING THE DIGITAL SERVICES IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THE DIGITAL SERVICES, USING ANY INFORMATION, AND/OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE DIGITAL SERVICES, YOU AGREE TO AND ARE LEGALLY BOUND BY THESE TERMS, INCLUDING DISCLAIMERS OF WARRANTIES, DAMAGE, REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, AND A CHOICE OF MINNESOTA LAW, AND YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO OUR PRIVACY POLICY. THE ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND A JURY WAIVER.

NOTWITHSTANDING THE FORGOING, BLUE ZONES ACKNOWLEDGES AND AGREES THAT YOUR ACCEPTANCE OF THESE TERMS IS MADE BOTH IN YOUR PERSONAL CAPACITY AS AN INDIVIDUAL AND/OR ON BEHALF OF AN ENTITY TO THE EXTENT APPLICABLE. FOR THE SAKE OF CLARITY, THESE TERMS SHALL NOT APPLY IN THE EVENT OF A CONFLICT WITH ANY SEPARATELY AGREED UPON MASTER AGREEMENT OR OTHER AGREEMENT IN PLACE WITH SUCH AN ENTITY.

BY AGREEING TO THESE TERMS, YOU REPRESENT AND WARRANT TO US THAT: (A) YOU ARE AT LEAST 18 YEARS OF AGE, AND (B) YOUR USE OF THE DIGITAL SERVICES IS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS IN YOUR LOCAL JURISDICTION.

1. GENERAL RULES AND DEFINITIONS

1.1 If you choose to use the Digital Services or any of the features of the Digital Services, you will be agreeing to abide by all of the terms and conditions of these Terms between you and Blue Zones. If you do not agree with any part of these Terms, you must not use the Digital Services.

1.2 We reserve the right to change, add, or remove portions of these Terms at any time, with or without notice to you, and which shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Digital Services, and by continuing to use this Digital Services, you agree to any changes.

1.3 YOUR CONTINUED USE OF THE DIGITAL SERVICES NOW OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES TO THESE TERMS, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MUST IMMEDIATELY STOP USING THE DIGITAL SERVICES.

1.4 We may change, suspend or discontinue any aspect of the Digital Services at any time, including the availability of any Digital Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Digital Services without notice or liability.

2. ACCESS AND USE OF THE DIGITAL SERVICES

2.1 Except as otherwise provided by a third party, all trademarks, service marks, trade names, and logos (collectively, “Trademarks”) used and displayed on the Digital Services are registered and/or unregistered Trademarks of Blue Zones and/or its licensors. You acknowledge that the Trademarks used and displayed on the Digital Services are and shall remain the sole property of Blue Zones and/or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are Trademarks and/or trade dress of Blue Zones and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Blue Zones and/or its licensors. The Digital Services contain copyrighted material, Trademarks, trade dress, and other proprietary content (including, but not limited to, text, software, applications, sound, news articles, photographs, images, illustrations, audio clips and video clips and including the entire selection, coordination, arrangement, and “look and feel” of the Digital Services (also known as the “Content”) are protected by copyright, and owned or controlled by Blue Zones or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Digital Services. Neither these Terms nor your use of the Digital Services transfers any right, title, or interest in the Digital Services or the Content to you. Blue Zones and its third-party licensors (including, without limitation, the Associated Press) retain all of our and their respective right, title, and interest to the Digital Services and Content. Any rights not expressly granted herein are reserved. The misuse of the Trademarks displayed on the Digital Services, or any other Content on the Digital Services, is strictly prohibited.

2.2 Subject to these Terms, we grant to you, or your entity may grant to you on our behalf, a non-exclusive, limited, non-transferable, and revocable license to access and use the Digital Services. Permission is granted to download the Content for your use only and only for the purposes for which we provided you access to the Digital Services, provided you do not delete, modify, overwrite, hack, or attempt to change or alter any of the Content and that you retain all copyright notices and other proprietary notices contained in the Content, as applicable.

2.3 You acknowledge that any submissions you make to the Digital Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be used by Blue Zones at their discretion for any purpose consistent with their license for the Submissions, and you waive any rights to direct or determine how the Submissions will appear or be used. Blue Zones may modify, move or delete your Submissions for any reason at its sole discretion and is under no obligation to publish or otherwise utilize your Submissions.

2.4 Your decision to provide a Submission to the Digital Services is voluntary. To the extent you provide a Submission, you represent and warrant that: (a) you are the owner of all intellectual property rights in and to the Submissions or you have all necessary rights to grant a license for the Submissions to Blue Zones; and (b) you are providing or obtaining only your own information or the information of others which you are authorized to provide to third parties.

2.5 By providing your Submission, you grant to Blue Zones a perpetual, nonexclusive, world-wide, royalty free, irrevocable, sub-licensable license to the Submissions, which includes without limitation the right for Blue Zones or any designated third party to use, copy, transmit, excerpt, publish, distribute, sell, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including, without limitation, the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) for any purpose, in any form or media now known or hereinafter developed, any Submission made by you on or to the Digital Services including any Submission posted on or to the Digital Services through a third party. Submissions made to the Digital Services may also be included in our APIs and made available for republishing through other formats. YOU WAIVE ANY CLAIM THAT ANY USE OF THE SUBMISSIONS BY BLUE ZONES VIOLATES ANY OF YOUR RIGHTS INCLUDING BUT NOT LIMITED TO PRIVACY, PUBLICITY, OR INTELLECTUAL PROPERTY RIGHTS.

2.6 You are solely responsible for the content of your Submissions and represent and warrant that they are original works and do not misappropriate or otherwise violate the legal rights of any third party including but not limited to any privacy, publicity or intellectual property rights.

2.7 By making a Submission, you are consenting to its display and publication on the Digital Services and for related online and offline promotional uses, and you authorize Blue Zones to identify you as the author or creator of the Submissions unless you indicate they were authored or created by another party who authorized you to submit their work. You acknowledge that Blue Zones does not owe you or anyone else compensation for your Submissions.

3. RESTRICTIONS ON USE

3.1 You shall not upload to, or distribute or otherwise publish, republish, display, copy, reproduce, download, transmit, license, sell, create derivative works from, transfer or otherwise exploit any Content or information from, the Digital Services, in whole or in part, without the express written permission of Blue Zones. You may not “mirror” any Content or information from the Digital Services on any other server without prior written permission from Blue Zones. Any unauthorized use of any Content contained on the Digital Services may violate copyright laws, trademark laws, the laws or privacy and publicity, and communications regulations and statutes. You also agree not to permit or to encourage any third party to do any of the same.

3.2 In addition, you shall not (and shall not allow or encourage any person to):

• delete, modify, hack, or attempt to change or alter any of the Content on the Digital Services;
• remove, delete, alter or obscure any Trademarks or otherwise remove or modify any copyright or other intellectual property or proprietary rights notices from the Digital Services or any Content;
• reverse engineer, disassemble, decompile or decode the Digital Services or any Content therein, in whole or in part; 
• use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology, or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Digital Services or Content thereon;
• replicate, reproduce, copy, or distribute Content from the Digital Services, or any Blue Zones Trademarks, in violation of these Terms;
• post on or transmit through the Digital Services any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful or otherwise objectionable;
• use any device, software or routine to interfere or attempt to interfere with the proper working of the Digital Services or servers or networks connected to the Digital Services, or take any other action that interferes with administration, security and/or operation of the Digital Services or other parties’ use of the Digital Services;
• attempt to access computer systems or networks connected to any of our servers or to the Digital Services through hacking or any other means; 
• take any action that imposes an unreasonable or disproportionately large load on Blue Zones’ infrastructure; 
• disseminate, store, upload or transmit files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any malicious code or program that may damage the operation of another’s computer or the property of another;
• publish, post or otherwise communicate false information, inaccurate information or information of another person for which you are not authorized to provide; or
• engage in any other activity deemed by Blue Zones to be in conflict with the spirit or intent of these Terms.

3.3 Be courteous. You agree that you will not threaten or verbally abuse other users, use defamatory language or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”

3.4 Use respectful language. Like any community, the online conversation flourishes only when our users feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Digital Services.

3.5 Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. Blue Zones encourages active discussions and welcomes heated debate on the Digital Services, but personal attacks are a direct violation of these Terms and are grounds for immediate and permanent suspension of access to all or part of the Digital Services.

3.6 The Digital Services shall be used only in a noncommercial manner. You shall not, without the express approval of Blue Zones, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation of or for goods or services.

4. Mobile Applications

4.1 The Digital Services may include Digital Services offered through any of our mobile applications. Your carrier’s normal messaging, data and other rates and fees will still apply (applicable roaming charges may also apply). Digital Services offered through mobile applications may be incompatible with your carrier or mobile device. Note that we are not liable for any lack of availability of our Digital Services that results from acts or omissions of mobile carriers.

4.2 By using Digital Services offered through a mobile application, you agree that we may communicate with you regarding the Digital Services and our Partners and Sponsors by electronic means to your mobile device and that certain information about your usage of the Digital Services via a mobile application will be communicated to us. By engaging with our Digital Services via a mobile application or platform, you consent to receive communications from or on behalf of us and/or our Partners, Sponsors. Vendors, agents, and suppliers. Such messages may be service-related or contain information regarding products or services that may be of interest to you, service announcements, or programs or other topics of interest and may include payment-related information, mobile application information, educational information, etc. Frequency of any applicable communications will vary depending upon the services you receive or your interactions with us 

4.3 You understand that mobile applications have inherent privacy risks, including that unencrypted messages and interactions are not secure and could be accessed by an unauthorized party, intercepted, or altered without your knowledge or authorization.

4.4 You represent that you are the account holder for the mobile telephone number(s) that you provide to use our Digital Services via a mobile application or platform. You are responsible for notifying us immediately if you change your mobile telephone number. You may notify us of a number change by calling 612-596-3600. If you have registered for Digital Services via a mobile application, you agree to notify us of any changes to your mobile number and update your account(s) on the Digital Services to reflect this change. You agree to indemnify us and any third parties providing services on our behalf in full for all claims, expenses, and damages related to or caused, in whole or in part, by your failure to immediately notify us if you change your telephone number, including but not limited to all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. We may immediately suspend or terminate your participation in the Digital Services if we believe you are in breach of these Terms. Your participation in the Digital Services via a mobile application or platform is also subject to termination in the event that your mobile telephone service terminates or lapses.

5. LINKED DIGITAL SERVICES

5.1 The Digital Services may contain links to other websites on the World Wide Web Internet including websites, resources and advertisers (“Linked Websites”). Since we are not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to the website administrator or Webmaster of such Linked Digital Services. When you leave the Digital Services, you do so at your own risk. All Linked Websites are provided only because they may be of interest to users of the Digital Services or offer a service for your convenience. The fact that we offer such links should not be construed in any way as an endorsement, authorization or sponsorship of that Linked Website or its content, products or services.

5.2 You acknowledge and agree that Blue Zones has no responsibility for the accuracy or reliability of information provided by the Linked Websites. Blue Zones does not author, edit or monitor these Linked Websites. You should refer to the separate terms of use, privacy policies and other rules posted on Linked Websites before you use them. You acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service or any other material provided through a Linked Website. You bear all risk associated with the use of the Linked Websites, third-party services and your correspondence or business dealings with advertisers other than us found on or through the Digital Services. We reserve the right to terminate such links at any time.

5.3 Blue Zones Partners and Sponsors. The Digital Services may include links to Linked Websites that are co-branded with Blue Zones, including certain services offered in connection with the Digital Services as offered through various service-offering partners as detailed further immediately below (collectively, “Partners”) and Digital Services sponsors (“Sponsors”). Sponsors may include employer benefit plans and incentive programs.

Please note that the below table is a non-exhaustive representative Partner list.

Blue Zones does not endorse or take responsibility for any such Linked Websites, including any acts or omissions of Partners or Sponsors. Your use of Partners’ goods and services or any benefits or services that may be offered through Sponsors is at your own risk. For further information, please review any applicable Partner or Sponsor terms and applicable privacy practices 

5.4 YOU AGREE THAT BLUE ZONES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, APPLICATION, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY LINKED WEBSITES OR ANY THIRD-PARTY SERVICES AND/OR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT BLUE ZONES HAS NO RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF INFORMATION PROVIDED BY LINKED WEBSITES OR THIRD-PARTY SERVICES. Any reference in the Digital Services to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply Blue Zones’ endorsement or recommendation.

6. REPRESENTATIONS, WARRANTIES, AND INDEMNITIES

6.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your use of the Digital Services will: (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material, and (b) that you are at least eighteen (18) years old. Registration as a user and use of Digital Services is expressly prohibited for individuals under the age of eighteen (18). By registering as a user, you acknowledge and attest that you are at least eighteen (18) years of age. It is not our policy to intentionally collect or maintain information about anyone under the age of 18. No one under the age of 18 should submit any Personal Information to Blue Zones and/or through the Digital Services, and if we learn that we have collected or received Personal Information from a child under 18, we will delete that information. If your child has sent us Personal Information and you would like it removed, please send an e-mail to [email protected] requesting removal. You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy.

6.2 You hereby indemnify, hold harmless, and at our option defend Blue Zones and all our officers, directors, owners, agents, information providers, affiliates, employees, subcontractors, successors, assignees, suppliers, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by or brought against the Indemnified Parties in connection with any claim arising out of, related to or caused, in whole or in part, by your use of the Digital Services, our Content, your Submission(s), the violation of any rights of a third party or your violation of the Terms or any of the foregoing representations, warranties and covenants, and you covenant not to sue Blue Zones for any injuries to you or your property arising out of or relating to your use of the Digital Services. You shall cooperate fully as reasonably required in the defense of any such claim. Blue Zones reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

YOU EXPRESSLY WAIVE AND GIVE UP ALL RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE SECTION 1542 AND ANY LAW OR LEGAL RULE OF SIMILAR EFFECT IN ANY OTHER STATE OR TERRITORY WITH RESPECT TO THE RELEASES GRANTED BY YOU UNDER THESE TERMS, INCLUDING BUT NOT LIMITED TO THE RELEASE OF UNKNOWN AND UNSUSPECTED CLAIMS GRANTED IN UNDER THESE TERMS. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

7. DISCLAIMER AND LIMITATION OF LIABILITY

7.1 Blue Zones does not represent or endorse the accuracy or reliability of any Content, Submissions or any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Digital Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such Content, Submissions, opinion, advice, statement, memorandum, or information shall be at your sole risk. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE DIGITAL SERVICES ARE PROVIDED “AS-IS”, “AS AVAILABLE,” AND “WITH ALL FAULTS,” AND BLUE ZONES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE DIGITAL SERVICES, CONTENT, SUBMISSIONS, INFORMATION, OR OTHER MATERIALS INCLUDED ON THE DIGITAL SERVICES. BLUE ZONES DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE DIGITAL SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.

7.2 YOU AGREE THAT YOUR USE OF THE DIGITAL SERVICES SHALL BE AT YOUR SOLE RISK. BLUE ZONES DOES NOT REPRESENT OR WARRANT THAT THE CONTENT, SUBMISSIONS OR INFORMATION ACCESSIBLE VIA THE DIGITAL SERVICES ARE ACCURATE, COMPLETE OR CURRENT. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE DIGITAL SERVICES AND/OR ANY CONTENT PROVIDED ON THE DIGITAL SERVICES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DIGITAL SERVICES IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. BLUE ZONES DOES NOT WARRANT THAT THE DIGITAL SERVICES OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.

7.3 BLUE ZONES DOES NOT WARRANT THAT THE DIGITAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE DIGITAL SERVICES WILL BE CORRECTED. IN ADDITION, THE DIGITAL SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. BLUE ZONES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE DIGITAL SERVICES OR ANY OTHER LINKED WEBSITES.

7.4 Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law.

7.5 YOUR USE OF ANY CONTENT, SUBMISSION, INFORMATION OR MATERIALS ON THE DIGITAL SERVICES IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES, SUBMISSIONS, CONTENT OR INFORMATION AVAILABLE THROUGH THE DIGITAL SERVICES MEET YOUR SPECIFIC REQUIREMENTS. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BLUE ZONES, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DIGITAL SERVICES, ANY CONTENT ON THE DIGITAL SERVICES, ANY SUBMISSION TO THE DIGITAL SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF BLUE ZONES EXCEED ONE-HUNDRED U.S. DOLLARS (USD $100.00). 

IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.

8. FEES AND PAYMENTS

We reserve the right at any time to charge fees for access to portions of the Digital Services or the Digital Services as a whole. However, in no event will you be charged for access to the Digital Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Digital Services that are now free, we will give you advance notice of such fees. To the extent applicable, you may cancel your account at any time. All new fees, if any, will be posted prominently on the Digital Services and in other appropriate locations on the Digital Services. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Digital Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Digital Services through your account. For the sake of clarity, any purchases through The Blue Zones Store are subject to the Terms of Use and Privacy Notice and Policy made available in connection with The Blue Zones Store. Purchases made through The Blue Zones Store may be subject to Blue Zones Mobile Application Service Terms as applicable.

9. COMMUNICATIONS BETWEEN BLUE ZONES AND USERS; PRIVACY

9.1 If you indicate that you want to receive such information, we, our owners and assignees will allow certain third-party vendors to provide you with information about products and services.

9.2 Blue Zones reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Digital Services.

9.3 Blue Zones may contact you via e-mail regarding your participation in user surveys, asking for feedback on the Digital Services or prospective products and services. This information will be used to improve the Digital Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties except in aggregate form and otherwise as permitted in our Privacy Policy.

9.4 Blue Zones will treat any information it collects or receives from you through the Digital Services in accordance with its Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. Please review the Privacy Policy before you use the Digital Services. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Digital Services.

10. FEEDBACK

We welcome your feedback on the performance of the Digital Services. By submitting any information, suggestions, enhancement notations, comments or ideas and other feedback to Blue Zones with respect to the Digital Services (collectively, “Feedback”), you hereby agree that such Feedback shall not be subject to any obligation of confidentiality on Blue Zones’ part and Blue Zones shall not be liable for any use or disclosure of any Feedback. Blue Zones shall own all rights and interests related to Feedback (including, without limitation, all intellectual property rights therein) and shall be entitled to use any Feedback without restriction for any purposes whatsoever, commercial or otherwise, without compensation to you.

11. COPYRIGHT POLICY

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on the Digital Services infringe your copyright, you may request removal of those materials (or access to them) from the Digital Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (“DMCA Notice”) must include substantially the following:

1. Your physical or electronic signature;
2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works;
3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the DMCA Notice is accurate; and
7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Aislinn Kotifani
200 Southdale Center
Edina, MN 55435
612) 596-3600
[email protected]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Digital Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

12. SOFTWARE LICENSES

To the extent applicable, you shall have no rights to any proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Digital Services features or Content (collectively, “Software”). You may not sublicense, assign or transfer any licenses granted by Blue Zones, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such Software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer or create derivative works from Software.

13. ARTIFICIAL INTELLIGENCE

Certain Digital Services features may generate or analyze content through the use of artificial intelligence-enabled or -enhanced technologies including, without limitation, self-improving language and content models, machine learning software and algorithms, training improvement models, image recognition and categorization, and/or other functionalities as applicable. Any results, analyses or summaries generated by such features may be derived from the reports, images, records, content and other material that has been furnished by the user.

Artificial intelligence-enabled or -enhanced mechanisms remain subject to ongoing evolution and refinement. Blue Zones remains committed to improving the Digital Services to increase accuracy, reliability and safety. Artificial intelligence technologies and functionalities remain dynamic in nature. As such, use of the features or Content that include such technologies may provide results or analyses to a user that do not accurately reflect details concerning applicable people, places or facts. User’s reliance upon any information obtained or used by user from the Digital Services is solely at User’s own risk. Blue Zones is not responsible for the accuracy of any information or content provided to or sent by user. User is responsible for verifying the accuracy of any information, data or records that user sends or receives through the Digital Services.

When you use artificial intelligence-enabled or -enhanced functions or Content, you acknowledge and agree that:

1. Any results, outputs or analyses from such functions may not always be 100% accurate. You should not rely on any such results, outputs or analyses as a source of truth or 100% factual information, or as a substitute for professional advice or your own judgment. 
2. You must evaluate results, outputs and analyses for accuracy, appropriateness and relevancy before using or sharing any results, outputs and/or analyses that may derive from artificial intelligence-enhanced or -enabled Digital Services.

BLUE ZONES EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED ON ANY ARTIFICIAL INTELLIGENCE-ENABLED OR -ENHANCED FUNCTIONS OR THE CONTENTS OF THE RESULTS, OUTPUTS OR ANALYSES PREPARED IN CONNECTION THEREWITH. BLUE ZONES IS NOT ENGAGED IN A COMPREHENSIVE INDEPENDENT REVIEW OF THE SUBSTANCE OR ADEQUACY OF ANY RESULTS, OUTPUTS OR ANALYSES THAT MAY BE GENERATED OR DERIVED IN CONNECTION WITH ARTIFICIAL INTELLIGENCE-ENHANCED OR -ENABLED FUNCTIONS OF THE DIGITAL SERVICES.]

14. TERMINATION

Blue Zones may, in our sole discretion, terminate or suspend your access to all or part of the Digital Services for any reason, including, without limitation, breach or assignment of these Terms.

15. DISPUTE RESOLUTION

You agree that any dispute arising out of or relating in any way to your use of the Digital Services requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate the Content and any intellectual property rights therein, Blue Zones may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in the State of Minnesota, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THE DIGITAL SERVICES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the non-exclusive jurisdiction of the courts of the State of Minnesota or to any federal court located within the State of Minnesota in Hennepin County for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section 15 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts having jurisdiction over the State of Minnesota Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.

16. MODIFICATIONS OF THESE TERMS

As mentioned above, we may make changes to these Terms from time to time. We will post updates and changes to the Digital Services, and the date that these Terms were last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit the Digital Services and these Terms to check for any changes that may impact you, and if you do not accept such amendments, you must cease using the Digital Services. Your continued use of the Digital Services after we have made updates to the Terms is considered your acceptance of those updates. For clarity, all updates are effective immediately when posted.

17. TYPOGRAPHICAL ERRORS AND CONTENT DISCLAIMER

Although we attempt to ensure the integrity and accuracy of the Digital Services, we make no claim, representation or warranty as to the accuracy, reliability or suitability of the information contained within the Digital Services including, but not limited to, the Content and any other information contained in any text, documents, graphics and other elements. The Content may contain technical errors, typographical errors, errors made or perpetuated by third parties or other forms of error. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on the Digital Services. We reserve the right in our sole discretion to make alterations or deletions to the Content at any time without notice. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on the Digital Services at any time without notice.

18. SEVERABILITY AND WAIVER

If a court of competent jurisdiction rules that a provision of these Terms is invalid, such provision shall be ineffective only to the extent of such invalidity, and the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to act with respect to a breach by any visitor using the Digital Services does not constitute a waiver of its right to act with respect to subsequent or similar breaches.

19. GOVERNING LAW AND JURISDICTION

These Terms shall be construed and governed under the laws of the United States and State of Minnesota (without regard to rules governing conflicts of laws provisions). Subject to arbitration provisions above, you agree that venue for all actions, arising out of or relating in any way to your use of our Digital Services, shall be in federal or state court of competent jurisdiction located in Hennepin County, Minnesota within one (1) year after the claim arises. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.

20. CONTACT INFORMATION

If you have any questions about these Terms, the practices of Blue Zones, or your dealings with the Digital Services, please contact us through any of the methods below:

Phone: 612.596.3600
E-mail: [email protected]
You can write to us at:
Blue Zones, LLC
Attn: Privacy Officer
200 Southdale Center
Edina, MN 55435