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Terms of Use

TravelNutra Website Terms of Use

Terms of Use

1. General Information Regarding These Terms of Use

Welcome, and thank you for your interest in TravelNutra (“TravelNutra,” “TN,” “we,” “our,” or “us”) and Zero-Day Nutrition (“Zero-Day Nutrition,” “ZDN,” “we,” “our,” or “us”). Unless otherwise noted on a particular site or service, these master terms of use (“Terms of Use”) apply to your use of the websites that Zero-Day Nutrition operates. This includes, TravelNutra.com together with all other subdomains thereof, (collectively, the “Websites”).

The Terms of Use also apply to all products, information, and services provided through the Websites, including without limitation the TravelNutra online store.

Additional terms: In addition to the Terms of Use, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Terms of Use, then the Additional Terms apply in relation to the relevant Service.

Collectively, the Terms: The Terms of Use, together with any Additional Terms, form a binding legal agreement between you and Zero-Day Nutrition in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”

Human-readable summary of Sec 1: These terms, together with any special terms for particular websites, create a contract between you and Zero-Day Nutrition. The contract governs your use of all websites operated by Zero-Day Nutrition, unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.

2. Your Agreement to the Terms

BY USING THIS WEBSITE OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES (INCLUDING THE ONLINE STORE and PAYPAL), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.

Human-readable summary of Sec 2: Please read these terms and only use our sites and services if you agree to them.

3. Changes to the Terms

From time to time, TravelNutra may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s). All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

Human-readable summary of Sec 3: These terms may change. When the changes are important, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.

You agree that you are solely responsible for your use of the Services, including the online store.

Human-readable summary of Sec 5: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. Content on the site is licensed under Zero-Day Nutrition unless it says it is available under different terms.

4. Content Supplied by You

Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services, such as such as product reviews or customer testimonials, (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material. All of Your Content must be appropriately marked with licensing (or other permission status such as fair use) and attribution information.

Removal: Zero-Day Nutrition may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or Zero-Day Nutrition) does not impact any rights you granted in Your Content.

Human-readable summary of Sec 4: We do not take any ownership of your content when you post it on our sites. You are responsible for any content you upload to our sites, such as product reviews or customer testimonials.

Termination: Zero-Day Nutrition reserves the right to modify or discontinue your content for any reason or no reason at all. Please do not register for an account on our sites unless you are 18 years old. Zero-Day Nutrition has the right to remove your content at any time.

5. Prohibited Conduct

You agree not to engage in any of the following activities:

1. Violating laws and rights:

You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

2. Solicitation:

You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

3. Disruption:

You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

4. Harming others:

You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;

You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.

5. Impersonation or unauthorized access:

You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;You may not use or attempt to use another’s account or personal information without authorization; and You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.
Human-readable summary of Sec 5: Play nice. Be yourself. Don’t break the law or be disruptive.

6. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZERO-DAY NUTRITION OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ZERO-DAY NUTRITION DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY ZDN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZERO-DAY NUTRITION DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THIRD PARTY SERVICES, SUCH AS PAYPAL OR WOO COMMERCE, IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Human-readable summary of Sec 6: ZDN does not make any guarantees about the sites, services, or content available on PAYPAL.

7. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZERO-DAY NUTRITION BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF ZERO-DAY NUTRITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZERO-DAY NUTRITION IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Human-readable summary of Sec 7: ZDN is not responsible for the content on the sites, your use of our services, or for the conduct of others on our sites.

8. Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless Zero-Day Nutrition, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.

Human-readable summary of Sec 8: If something happens because you violate these terms, because of your use of the services, or because of the content you post on the sites, you agree to repay ZDN for the damage it causes.

9. Privacy Policy

ZERO-DAY NUTRITION is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

Human-readable summary of Sec 9: Please read our Privacy Policy. It is part of these terms, too.

10. Trademark Policy

ZDN’s name, logos, icons, and other trademarks may only be used in accordance with our Trademark Policy, which is incorporated by reference into these Master Terms. Please review the Trademark Policy so you understand how Zero-Day Nutrition’s trademarks may be used.

Human-readable summary of Sec 10: Please read our Trademark Policy. It is part of these terms, too.

11. Copyright Complaints

ZERO-DAY Nutrition respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.

To report allegedly infringing Content hosted on a website owned or controlled by ZDN, send a Notice of Infringing Materials as set out in ZDN’s Digital Millennium Copyright Act (“DMCA”) Notice & Takedown Procedure.

Please note that Zero-Day Nutrition does not host the Content made available through Paypal or WooCommerce. You should contact the web site or service hosting the Content to have it removed.

Human-readable summary of Sec 11: Please let us know if you find infringing content on our websites.

12. Termination

By Zero-Day Nutrition: Zero-Day Nutrition may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Zero-Day Nutrition at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services (including use of your PayPal account) automatically upon your breach of any of the Terms. For the avoidance of doubt, termination of the Terms does not require you to remove or delete any reference to previously-applied Zero-Day Nutrition legal tools from your own Content.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.

Human-readable summary of Sec 12: If you violate these terms, you may no longer use our sites.

Dispute resolution: The parties agree that any disputes between Zero-Day Nutrition and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in Stafford, Texas, and you hereby consent to the personal jurisdiction and venue of such court.

If you are an authorized agent of a government or intergovernmental entity using the Services in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas (excluding its choice of law rules).

No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Zero-Day Nutrition as a result of the Terms or from your use of any of the Services.

Integration: These Terms of Use and any applicable Additional Terms constitute the entire agreement between you and Zero-Day Nutrition relating to this subject matter and supersede any and all prior communications and/or agreements between you and Zero-Day Nutrition relating to access and use of the Services.

Human-readable summary of Sec 12: If there is a lawsuit arising from these terms, it should be in Texas and governed by Texas law. We are glad you use our sites, but this agreement does not mean we are partners.

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