These Terms and Conditions of Use (“Agreement”) is a legal agreement between you and Zen Technologies, Inc. (“Zen Shuttles”), the owner and developer of Zen Shuttles (the “App”). You become a client (“Client”) and you agree to be bound by all the terms (“Terms”) outlined in this Agreement as long as you remain a Client by registering for any service provided on the App. Please do not register for App services if you do not agree to the Terms. The Terms are subject to change at any time, effective upon notice to you.

BY CONTINUING, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS. THESE TERMS ARE BINDING ON YOU, THE CLIENT, AS LONG AS YOU REMAIN A CLIENT. THE MOST CURRENT VERSION OF THE TERMS ARE BINDING AND SUPERSEDES ALL PREVIOUS VERSIONS. PREVIOUS VERSIONS CAN BE REVIEWED BY GOING TO ZENSHUTTLES.COM. ZEN SHUTTLES RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.

WARRANTIES, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION.

As used in this Section, “we,” “our,” or “us” expressly includes Zen Shuttles and our officers, directors, managers, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, application developers, technical support/maintenance providers, distributors, advertisers, licensors, sublicensees, and assigns, or any person or entity involved in creating, producing, or distributing Zen Shuttles.

1.1 Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW WE GRANT NO WARRANTIES TO YOU, EXPRESS OR IMPLIED, BY STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY AS TO QUALITY, MERCHANTABILITY, SUITABILITY OR PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. AUTHENTICITY, OR ANY WARRANTY THAT OPERATION OF ZEN SHUTTLES OR THE APP WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN ZEN SHUTTLES OR THE APP WILL BE CORRECTED.

ZEN SHUTTLES AND THE APP ARE SOLELY INTENDED TO OPERATE AS A NEUTRAL PLATFORM TO FACILITATE A SHUTTLE SERVICE FOR STUDENTS ON CAMPUS. WE ARE NOT PARTIES TO, MAKE NO REPRESENTATIONS, PROMISES, OR WARRANTIES AS TO, AND HAVE NOT RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES, OR ANY OTHER RELATIONS WHATSOEVER BETWEEN YOU AND ANY OTHER MEMBER, PERSON, OR ORGANIZATION, EVEN IF INITIATED OR CONDUCTED VIA ZEN SHUTTLES OR THE APP. YOU EXPRESSLY ASSUME THE RISK OF ANY RELATIONS ARISING FROM OR RELATED TO ZEN SHUTTLES OR THE APP THAT YOU ENTER INTO. YOU SHALL BE SOLELY RESPONSIBLE FOR EXERCISING YOUR OWN DUE DILIGENCE, TO YOUR PERSONAL SATISFACTION, IN CONNECTION WITH YOUR USE OF ZEN SHUTTLES OR THE APP.

WE RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU UNDER THIS AGREEMENT. WE MAY MODIFY OR DISCONTINUE ANY FEATURE OR FUNCTIONALITY OF ZEN SHUTTLES OR THE APP, OR SUSPEND OR TERMINATE ZEN SHUTTLES ALTOGETHER, AT ANY TIME AND FOR ANY REASON.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

1.2 Third-party warranties. ZEN SHUTTLES DOES NOT WARRANT THAT THE SERVICE PROVIDED BY THIRD-PARTY PROVIDERS WILL ALWAYS BE AVAILABLE, BE UNINTERRUPTED, OR BE ERROR-FREE. ZEN SHUTTLES DOES NOT WARRANT THAT THE SERVICES PROVIDED BY THIRD-PARTY PROVIDERS WILL ALWAYS MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF ANY SERVICE REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION WITH THE APP REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. ZEN SHUTTLES DOES NOT CONTROL OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT AVAILABLE ON THE APP. ZEN SHUTTLES DOES NOT CONTROL OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT LINKED TO THE SERVICES.

1.3 Limitations of liability. BY USING ANY SERVICES PROVIDED BY ZEN SHUTTLES, YOU AGREE THAT IN NO EVENT WILL ZEN SHUTTLES, ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, AND APPLICATION HOSTING SERVICES BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FROM ACCESSING THE APPLICATION AND USING ANY OF THE SERVICES AVAILABLE. ZEN SHUTTLES SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF:

(a) YOUR USE OF THE APP;

(b) YOUR RELIANCE ON THE APP;

(d) ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER.

ZEN SHUTTLES SHALL NOT BE LIABLE FOR DELAY IN PERFORMANCE RESULTING FROM CAUSES BEYOND ZEN SHUTTLE’S REASONABLE CONTROL. ZEN SHUTTLES SHALL NOT BE LIABLE FOR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ZEN SHUTTLE’S REASONABLE CONTROL. YOU AGREE THAT ZEN SHUTTLES HAS NO LIABILITY TO YOU RELATED TO ANY TRANSPORTATION OR SERVICES PROVIDED BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY OUTLINED IN THESE TERMS.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, AND INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF BUSINESS INFORMATION OR OTHER DATA, COST OF COVER, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, PARTICIPATION IN, OR INABILITY TO USE ZEN SHUTTLES OR THE APP, OR THE VIEWING, DISTRIBUTING, COPYING, RELIANCE UPON, OR OTHER USE OF ANY CONTENT, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF THE ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED USERS, OR “HACKERS”) OF ZEN SHUTTLES OR THE APP.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH STATES, ZEN SHUTTLES’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

1.4 Indemnification. YOU INDEMNIFY AND AGREE TO DEFEND AND HOLD HARMLESS ZEN SHUTTLES, ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, AND APPLICATION HOSTING SERVICES AND THIRD PARTIES FOR ANY LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, LEGAL FEES, AWARDS, OR SETTLEMENTS) RELATING TO OR ARISING OUT OF:

(a) YOUR USE OF APP;

(b) YOUR BREACH OR VIOLATION OF ANY OF THE TERMS CONTAINED IN THIS AGREEMENT;

(d) YOUR BREACH OR VIOLATION OF ANY OF THE RIGHTS PROVIDED BY THIRD-PARTY PROVIDERS.

USER REQUIREMENTS AND CONDUCT.

2.1 User requirements and conduct. The App is not available for use by persons under the age of 18. You shall not authorize third-parties to use your account. You shall not allow persons under the age of 18 to request and receive transportation. You shall not assign or transfer your account to any other person or entity. If asked to provide proof of age or identity to access or use the App, you agree that you may be denied access to or use of the App if you fail to provide proof of age or identity.

2.2 Compliance. You agree to notify Zen Shuttles within 24 hours relating to any incident or accident that occurs during your use of the App to assist Zen Shuttles with compliance and insurance obligations. You agree to provide Zen Shuttles with all reasonable information relating to any such incident or accident. You agree to cooperate with any investigation and attempted resolution of such an incident.

2.3 Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on App will be truthful. In accessing and using App, you understand and agree that basic information concerning you, given to App, will be published on the application for others to view. Your name, phone number, and e-mail address are kept confidential, except where provided above.

2.4 Prohibited uses. You shall use the App only for lawful purposes and according to these Terms. You agree not to use the App to:

(a) violate any laws;

(b) exploit others;

(d) transmit spam;

(e) impersonate Zen Shuttles;

(f) engage in any conduct that restricts or inhibits another’s use or enjoyment of the App, as determined by Zen Shuttles.

INTELLECTUAL PROPERTY.

3.1 Copyrights, trademarks, and other restrictions. Zen Shuttles owns and retains all proprietary rights to the App service, its trademarks, and its copyrights. The structure, organization, and code of the App and its related software contain valuable trade secrets and confidential information. Except for any information that is in the public domain, you are not authorized to reproduce, transmit, or distribute the proprietary information of App and Zen Shuttles. This Agreement does not grant you any intellectual property rights whatsoever in the App and its related software. Zen Shuttles reserves all rights to the intellectual property and its related software. You shall not:

(a) remove any copyright, trademark, or other proprietary notices from any portion of the App;

(b) modify or prepare derivative works based upon the App;

(d) launch any programs or scripts to hinder the operation or functionality of the App.

3.2 Licenses. Subject to your compliance with these Terms, Zen Shuttles grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable, license to access the App on your personal device concerning your use of the App. Zen Shuttles grants you a limited license to access and use any content and information that may be made available through the App. In each case, the content shall be solely for your personal, noncommercial use. Zen shuttles reserve any rights not expressly granted otherwise.

3.3 Ownership. Zen Shuttles owns and shall continue owning the App and all rights therein. These Terms or your use of the App do not grant you any rights in the App except for the limited license granted above.

CHOICE OF LAW, CHOICE OF FORUM, AND ARBITRATION AGREEMENT.

Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with Zen Shuttles and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

4.1 Choice of Law. The laws of Arizona govern this Agreement or any dispute arising from this Agreement, without regard to provisions of conflicts of law.

4.2 Choice of Forum. Any suit or proceeding arising under this Agreement shall be brought solely in a court of competent jurisdiction located in the State of Arizona. You hereby consent to the jurisdiction of the State of Arizona.

4.3 Contact Zen Shuttles First. If a dispute arises between you and Zen Shuttles, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that you shall notify us about any dispute you have with Zen Shuttles regarding the App by emailing contact@zenshuttles.com. Thereafter Zen Shuttles shall have 20 days to resolve any and all disputes between you and Zen Shuttles.

4.4 Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of the App that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Zen Shuttles, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized and unauthorized users or beneficiaries of the App under the Terms.

(a) Arbitration rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to, the method of initiating or demanding arbitration, except to the extent such rules are in conflict with the AAA Consumer Arbitration Rules (“Arbitration Rules”). The Arbitration Rules governing the arbitration are available online at www.adr.org or by calling AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (USD $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (USD $10,000.00) or more, the right to a hearing shall be determined by the Arbitration Rules. Any hearing shall be held within the State of Arizona. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction located in the State of Arizona.

(b) Additional rules for non-appearance based arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, or based solely on written submissions; the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

(c) Authority of arbitrator. The arbitrator shall decide the rights and liabilities, if any, of you and Zen Shuttles, and the dispute shall not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Zen Shuttles.

(d) Waiver of jury trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Zen Shuttles in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ZEN SHUTTLES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(e) Waiver of class or consolidated actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. In the event that this subparagraph is deemed invalid or unenforceable, neither you or Zen Shuttles is entitled to arbitration and instead claims and disputes shall be resolved in a court located in Phoenix, Arizona.

MISCELLANEOUS.

5.1 Severability. The remaining provisions will be in full force and effect, if any provision is found to be invalid.

5.2 Entire Agreement. This Agreement constitutes your entire Agreement with the App and Zen Shuttles concerning any services.

5.3 Waiver. Zen Shuttles’ failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Zen Shuttles shall be in writing and signed by an authorized representative of Zen Shuttles.

5.4 Geographic restrictions. Zen Shuttles is based in the State of Arizona in the United States. Zen Shuttles provides this App for use only by persons located in the United States, and it may only be available to people located in the United States. Zen Shuttles does not ensure that the App or any of its content is available outside the United States. Access to the App may not be legal by a certain person or in certain countries.

5.5 Limitations on time to file claims. Except as stated in this Clause, all claims shall be filed within the period specified by applicable law. If the law allows the parties to specify a shorter period to file claims, or the law does not provide a time period, then claims shall be filed within 18 months after the event giving rise to a dispute occurs.

You Deserve Peace.