What is Proposition 65?

Last updated: January 1, 2026

A Note to Our Customers

At Z Natural Foods, we care deeply about the quality of the foods and ingredients we offer. Many of our customers choose our products as part of their everyday wellness, nutrition, and healthy-living routines, and we understand that seeing a California Proposition 65 warning can feel surprising or unsettling at first glance.

For that reason, we want to explain this warning in a way that is clear, balanced, and easy to understand.

A Proposition 65 warning is a California-required warning and disclosure. It is not, by itself, a statement that a product is unsafe, defective, or unlawful. OEHHA, the California agency that administers Proposition 65, explains that warnings are required for certain listed-chemical exposures unless exposure is low enough to fall below California’s warning thresholds. (OEHHA)

What Proposition 65 Is

California’s Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65, requires businesses to provide a warning before knowingly and intentionally exposing individuals in California to certain chemicals that the State of California has listed as causing cancer, birth defects, or other reproductive harm, unless an exemption applies. Proposition 65 is a warning and disclosure law. It is not a general product-ban law. (OEHHA)

In other words, seeing a Prop 65 warning does not automatically mean that a product is harmful or that it fails to meet federal or non-California standards. OEHHA states that a warning means the business is aware of or believes that one or more listed chemicals may be present, and a business may choose to warn based on its knowledge or assumptions without fully evaluating exposure levels. (OEHHA).

Why You May See This Warning on Our Products

Because some of our products are sold in, shipped to, or may be received in California, we provide Prop 65 warnings where appropriate as part of our California compliance practices. We also use a consistent warning approach across labels, website listings, and sales channels so that customers receive clear and uniform information.

This helps us:

• comply with California law where applicable;

• maintain consistency across product labels, product pages, marketplace listings, and other channels;

• support transparency for customers; and

• reduce confusion that can come from different warning practices in different places.

California’s warning framework is broad and highly conservative. OEHHA explains that Proposition 65 warnings can be required even when exposures are far below levels many people would ordinarily associate with an unsafe product, including cancer-risk thresholds defined as not more than one excess case in 100,000 people over a 70-year lifetime and reproductive thresholds based on dividing a no-observed-effect level by 1,000. (OEHHA)

What This Warning Does Not Mean

A Prop 65 warning on a Z Natural Foods product does not automatically mean:

• that the product is unsafe for normal intended use;

• that the product is contaminated or defective;

• that it is out of compliance with federal or non-California standards; or

• that ordinary use is known to present a health problem.

Instead, it means that California’s warning rules may apply, or that we are providing the warning as part of a careful and consistent California compliance approach. That core explanation is also reflected in both your earlier and newer Prop 65 drafts.

Natural Foods Can Naturally Contain Trace Constituents

Many foods and food ingredients can naturally contain trace amounts of substances that occur in soil, water, air, or growing environments. This may include trace minerals or heavy metals that are naturally present in agricultural, botanical, or marine-derived ingredients. OEHHA specifically notes that the Proposition 65 list includes both naturally occurring and synthetic chemicals, including chemicals that may be found in food. (OEHHA)

That does not, by itself, mean a product is contaminated or poor quality. Natural foods are influenced by growing conditions, soil composition, water, geography, and season. For that reason, many natural and minimally processed ingredients can also vary from batch to batch in color, aroma, taste, texture, density, granularity, or moisture response. Both your 2025 and 2026 drafts already frame this well, and I would keep that language in spirit.

Our Approach to Quality

Quality matters to us.

We focus on sourcing natural, nutrient-dense, minimally processed food ingredients whenever possible. We also use quality-control practices designed to support the products we offer for sale. Depending on the product and circumstances, those practices may include supplier documentation review, internal quality checks, and internal and/or third-party laboratory testing. If a product does not meet our internal quality expectations for sale, we do not intend to sell it. That quality-and-testing framing appears in the earlier draft and can be preserved in a softer, more polished form like this.

The presence of a Prop 65 warning does not override these quality standards. It is simply an additional California-specific disclosure.

Warning Language You May See

To address California’s warning requirements, you may see warning language substantially similar to the following:

⚠ WARNING: Can expose you to lead, which is known to the State of California to cause cancer and reproductive harm. See www.P65Warnings.ca.gov/food

or

⚠ CALIFORNIA WARNING: This product can expose you to lead, a chemical known to the State of California to cause cancer and reproductive toxicity. See www.P65Warnings.ca.gov/food

The exact wording, symbol, or placement may vary depending on the product, packaging, website layout, marketplace requirements, or future regulatory updates. OEHHA states that the updated short-form warning regulations became effective on January 1, 2025, provide businesses using the existing short-form warnings three years to transition, and make explicit that short-form warnings may be used for food products. (OEHHA)

A Reassuring Perspective

We know these warnings can feel stronger than the everyday reality behind them.

Our intention in providing this explanation is not to create alarm. It is to provide context. California’s warning system is intentionally cautious, and a warning is often best understood as part of that broader disclosure framework rather than as a standalone statement that a product is dangerous. OEHHA’s plain-language guidance supports that interpretation. (OEHHA)

We believe customers deserve both transparency and perspective. That is why we include this page.

A Few Important Notes

This page is provided for general informational and compliance-related purposes. It is not medical, nutritional, legal, customs, or import/export advice. It should not be relied on as a substitute for advice from a qualified healthcare professional, attorney, or other advisor familiar with your individual circumstances. That structure is also consistent with your January 2026 notice and broader ZNF legal stack.

Nothing in this Notice is intended to diagnose, treat, cure, or prevent any disease or medical condition.

If you have specific medical, dietary, pregnancy, allergy, medication, or sensitivity-related concerns, please consult an appropriate qualified professional before use.

How This Notice Fits with Our Other Policies

This California Proposition 65 Notice & Disclaimer is part of our broader Z Natural Foods legal framework and should be read together with our Terms of Use, Privacy Policy, Cookie Policy, Legal Notice / Disclaimer Policy, Purchases, Subscriptions & Pre-Orders Policy, Shipping & Delivery Policy, Cancellations, Returns, Refunds & Title Policy, Accessibility Statement, and other applicable policies posted on our Legal page. That integrated-policy structure is reflected throughout your January 2026 drafts and related ZNF policies.

If there is a direct conflict, the Terms of Use control with respect to arbitration, class-action waiver, limitation of liability, governing law, venue, and related risk-allocation terms, while this Notice controls with respect to Proposition 65-specific disclosures.

Marketplace, Resale, and International Orders

We may display or provide Prop 65 warning content through our website, checkout flows, labels, phone or email sales materials, local pickup processes, and certain third-party marketplaces or platforms. Where third-party platforms control formatting or presentation, the warning may not always appear in exactly the same way it appears on our own site or packaging.

If a product is purchased from an unauthorized seller or third party for whom Z Natural Foods is not the seller or merchant of record, we may not control that seller’s storage, handling, listing content, warning presentation, or return process. For non-U.S. transactions, unless we expressly agree otherwise in writing, the purchaser or importer is responsible for local import, customs, tax, warning, labeling, resale, and legal-compliance requirements.

Updates to This Notice

We may update this Notice and related warning language from time to time to reflect changes in law, regulations, product facts, packaging, platform requirements, or business operations.

Additional Information and External References

For more information about California Proposition 65, please visit:

www.P65Warnings.ca.gov/food

www.oehha.ca.gov/prop65 (OEHHA)

WhyThisWarning.com

Prop 65 Enforcement Scam – KrostCPAS

Now Foods Proposition 65 FAQs

Industry Examples and Distributors

a. Companies Pursued for Prop 65 Non-Compliance
The list of companies in the nutritional supplement and broader consumer product industries that have faced enforcement actions under Proposition 65 is extensive and continues to grow. Examples include (but are not limited to):

4Life Research

Absolute Nutrition

Advanced Nutrient Science

Advanced Physicians Formula (NHK Laboratories)

Advocare International

AIM International

AL Global Corporation

Alfa Vitamins Lab

ALL ONE Nutritech

Aloe Vera of America

Amazon Herb Company American Body Building Products

American BodyBuilding Products

Arbonne International (Arbonne Essentials)

Arise & Shine Herbal Products

Aspen Group

AST Sport Science

ATF Fitness Products

Atrium Inc.

Ayush Herbs

Baseline Nutritionals

Beauty & Health International

Betty Lou’s

Bio-International

Biotics Research Corporation

Bristol Farms Pure Synergy

Bronson Nutritionals

Ceautamed Worldwide

Cell-Nique Corporation

CGNP Manufacturing

Champion Nutrition

Chi’s Enterprise

Continental Vitamin Company

Creations Garden Natural Products

DEVA Nutrition

DNS Nutrition

Dr. Health

Dr. Mercola

Dr. Schulze’s American Botanical Pharmacy

EarthLab (Wise Woman Herbals)

Erom

Forever Living

Forevergreen

FreeLife International

Full Green Circle

Futurebiotics

Garden of Life

General Nutrition Centers

Genesis Pure

Genesis Today

Genisoy Food Company

GHC ND Operations

Ginco International

Global Healing Center

Golden Flower Chinese Herbs

Golden Neo-Life Diamite International

Good Life International

Great American Products

Greens World

Health Body Services

Health Plus

Healthy Body Services

Healthy Directions

Healthy Healing

Healthy Natural Systems International

Heritage Health Products Company

ICA Health (Dr. Wilson’s Original Formulations)

ICC Industries

Inner Health Group

Institute for Vibrant Living

Integrated Sports Science

Integrity Health Group

ISI Brands

It Works Global

Jarrow Formulas

Kan Herb Company

Konsyl Pharmaceuticals

Kraft Foods

Labrada Nutrition

Life Extension (XtendOLife)

Life Force International

Living Intentions

LuckyVitamin Corporation

MacroLife Naturals

Max Muscle Sports Nutrition

MET-Rx Engineered Nutrition

Metagenics

Mountain Rose Herbs

MRI

MRM

Myogenix

Natrol

Natura Health Products

Naturade Operating Corporation

Natural Organics

Nature’s Answer (Greens Today, Tru Cleanse, etc.)

Nature’s Best

Nature’s Bounty

Nature’s Herb Company

Nature’s Plus

Nature’s Sunshine Products

Nature’s Way Products

Naturemed

Navitas Naturals

New England Greens

NOW Foods

Nu Skin Enterprises

NuCare International

Nutraceutical Corporation

Nutri-Well International

Nutri-West

NutriBiotic

Nutricologiy

Optimum Nutrition

Organic By Nature

Organic India USA

Ortho Molecular Products

Promax Nutrition Corporation

ProSource

Pure Planet Products

Quick Trim

R-U-VED

Raw Indulgence

ReNew Life Formulas

Rexal Sundown

Robbins Research International

Self Health Resource Center (Dr. Clark Store)

Seychelles Organics

Sonne’s Organic Foods

Sunfood Superfoods

Sunrider International

Sunsweet Growers

Sunwarrior

Supreme Protein

Symmetry Corporation

Tao of Wellness

The Clean Program Corp.

The Synergy Company

Trace Minerals Research

TRC Nutritional Laboratories

TriVita

Ultimate Nutrition

United Herbal Sciences

United States Nutrition

Vega (Sequel Naturals)

Vibrant Health

Visual Sciences

Vital Pharmaceuticals

Vitamin Power

Vitamin Research Products

Vitamin Shoppe

VitaTech International

Vitonomy

Wellness Watchers Global

WellNX Life Sciences

Western Botanicals

Wholistic Botanicals

Windmill Health Products

World Health Products

Yerba Prima

b. Distributors
Examples of distributors in this sector include:

Amazon.com

Drugstore.com

Pureformulas.com

Supplementwarehouse.com

DPS Nutrition

iHerb

GNC

Swanson Health Products

Vitacost.com

If you have questions or need assistance, please contact our Customer Care team. For topics governed by dedicated policies, please consult the complete, current versions on our Legal page; each is incorporated by reference into this Agreement and applies to all access and use of our Sites and Services, including automated access. These policies include, without limitation: Terms of Use Policy, Privacy Policy, Legal Notice Disclaimer, Return Policy, Accessibility Statement, California Prop 65 Notice, Subscriptions, Shipping Policy, Cookie Policy, DMCA Compliance Statement, Mobile Terms of Service, Content Policy, Advertising & Analytics Policy, Information & Security Policy, Product Reviews Policy, Agent Terms, GDPR Statement, and CCPA Opt-out.

If a concern or dispute arises, you must follow the Initial Dispute Resolution process and the Binding Arbitration requirements set forth in §16. Your continued use of the Sites or Services constitutes acceptance of the then-current Terms, including all incorporated policies and dispute-resolution requirements.

By using our Sites, Services, Service Providers, placing an order, or contacting us through any channel, you acknowledge that you have read, understand, and agree to be bound by this Agreement and all incorporated ZNF policies referenced above and available on the Legal page.

Legal Notice Disclaimer

Last Updated: January 1, 2026

This Legal Notice, Disclaimers, Risk Allocation, and Important Consumer / Commercial Disclosures Policy (this “Policy”) is issued by Z Natural Foods LLC (“ZNF,” “we,” “us,” or “our”), a Florida company operating from West Palm Beach, Palm Beach County, Florida.

This Policy applies to all access to, use of, interaction with, reliance upon, purchase from, communication with, submission to, or other dealings with ZNF and its products, content, services, facilities, and communications, including, without limitation, through:

• ZNaturalFoods.com and any successor domain, subdomain, mobile site, application, or checkout flow;

• online storefronts, account portals, customer-service channels, and order-management tools;

• phone, email, SMS/MMS, chat, social media, and other sales, support, or marketing communications;

• third-party marketplaces, social-commerce channels, and storefronts where ZNF acts as the seller, merchant of record, publisher, content source, or fulfillment party;

• wholesale, bulk, freight, export, and other business-to-business transactions;

• local order pickup at or from any ZNF facility or designated pickup point; and

• any automated, semi-automated, or agentic interaction with ZNF’s sites, systems, services, or content.

By accessing or using any ZNF site, service, communication channel, or facility; by placing, attempting to place, or causing to be placed any order; by relying on any ZNF content; by purchasing, receiving, using, handling, storing, reselling, exporting, reviewing, or otherwise interacting with any ZNF product or service; or by communicating with ZNF through any channel, you acknowledge that you have read, understood, and agree to be bound by this Policy to the fullest extent permitted by law.

If you do not agree, you must not access, use, or rely on ZNF’s sites, products, services, or related communications.

1. Relationship to Other ZNF Policies; Order of Precedence

This Policy is incorporated into and forms part of ZNF’s broader legal framework, including, without limitation, the:

• Terms of Use;

• Privacy Policy;

• Cookie Policy;

• Purchases, Subscriptions & Pre-Orders Policy;

• Shipping & Delivery Policy;

• Cancelations, Returns, Refunds & Title Policy;

• California Proposition 65 Notice;

• Content Policy;

• Product Review Guidelines;

• Accessibility Statement;

• Mobile Terms of Service;

• Digital Advertising & Analytics Policy;

• Information Security Policy;

• GDPR / international privacy notices; and

• any other legal notice, disclosure, or policy posted on ZNF’s Legal page, each as amended from time to time (collectively, the “ZNF Legal Policies”).

In the event of a direct conflict:

1. the Terms of Use control with respect to arbitration, class-action waiver, damages limitations, liability caps, warranty disclaimers, governing law, venue, survival, and general risk-allocation provisions;

2. this Policy controls with respect to legal notices, general disclaimers, informational-use disclaimers, and general product-content disclaimers; and

3. more specific ZNF policies control as to their specific subject matter, including, without limitation, privacy, cookies, orders, subscriptions, shipping, returns, reviews, accessibility, security, intellectual property, and mobile communications.

Nothing in this Policy is intended to waive, limit, or override any non-waivable right or obligation under applicable law.

2. Informational and Educational Purposes Only; No Professional Advice

All information made available by or through ZNF, including, without limitation, website content, product descriptions, labels, images, packaging text, nutritional information, supplement facts, articles, blog posts, social-media content, emails, chat responses, customer-service communications, reviews, testimonials, FAQs, videos, advertising content, and other materials (collectively, “Content”), is provided solely for general informational, educational, commercial reference, and product-identification purposes.

ZNF does not provide, and nothing in the Content shall be construed as providing:

• medical advice;

• diagnosis;

• treatment recommendations;

• pharmacy advice;

• legal advice;

• tax advice;

• customs, import, or export compliance advice;

• nutritional counseling;

• investment or financial advice; or

• any other licensed professional service.

No Content is intended to replace consultation with qualified physicians, pharmacists, attorneys, accountants, customs brokers, or other licensed professionals familiar with your specific circumstances.

You are solely responsible for obtaining independent professional advice before acting or refraining from acting based on any Content.

3. Regulatory Status; No Government Approval or Endorsement

Unless expressly and lawfully stated otherwise in writing by ZNF, no statement made by or on behalf of ZNF shall be interpreted as meaning that any ZNF product, ingredient, label claim, website statement, review, testimonial, or communication has been evaluated, approved, endorsed, certified, or substantiated by the U.S. Food and Drug Administration (“FDA”), the U.S. Department of Agriculture (“USDA”), the Federal Trade Commission (“FTC”), Health Canada, or any other governmental or quasi-governmental authority.

To the extent ZNF markets products that may be characterized under applicable law as foods, food ingredients, botanicals, dietary supplements, or similar products:

• no ZNF product is represented as a drug;

• no ZNF product is represented as approved to diagnose, mitigate, treat, cure, or prevent any disease unless expressly stated in a manner permitted by law;

• any product-related statement must be interpreted consistently with applicable food, supplement, labeling, and advertising law; and

• the absence of a warning, disclaimer, or qualifying statement on any given page, post, image, package, or communication does not create any contrary representation, warranty, or governmental endorsement.

Where a product is marketed as a dietary supplement and applicable law requires a specific disclaimer for a structure/function statement, that disclaimer shall apply. Where a product is marketed as a conventional food or food ingredient, statements shall be interpreted under the legal framework applicable to that category. No statement shall be interpreted to create drug claims, disease claims, or governmental approval unless expressly and lawfully stated.

ZNF reserves the right to revise, remove, qualify, or correct product statements, descriptions, labels, warnings, and disclosures at any time.

4. Health, Wellness, Supplement, and Product-Use Disclaimers

ZNF markets and distributes foods, food ingredients, botanicals, powders, extracts, blends, and related products. Such products may be used by customers for culinary, nutritional, wellness, or other lawful purposes, but ZNF does not warrant or represent that any product is appropriate for any specific person, condition, protocol, diet, diagnosis, treatment plan, or intended outcome.

Without limitation:

1. No Disease Claims. ZNF products are not represented as diagnosing, mitigating, treating, curing, or preventing disease except where expressly authorized by law and clearly identified as such.

2. No Individualized Suitability Determination. ZNF does not know your medical history, medications, sensitivities, conditions, genetics, allergies, diagnoses, or contraindications.

3. Professional Consultation Required. You should consult an appropriate healthcare professional before using any product, especially if you are pregnant, trying to become pregnant, nursing, under age 18, elderly, immunocompromised, have a medical condition, have hormone-sensitive conditions, take prescription or over-the-counter medications, or have known allergies or sensitivities.

4. Self-Diagnosis Discouraged. ZNF does not endorse self-diagnosis or self-treatment.

5. Stop Use if Concern Arises. If you suspect an adverse reaction, sensitivity, contamination issue, or other safety concern, stop use immediately and consult an appropriate professional.

6. Use at Your Own Risk. Any decision to purchase, use, combine, dose, re-dose, blend, dilute, administer, or rely on a product is made at your sole risk.

Any serving suggestion, handling note, introductory-use suggestion, recipe, or general usage commentary provided by ZNF is for general informational purposes only and does not constitute individualized medical, nutrition, or dosing advice.

5. Product Descriptions, Labels, Images, and Information Accuracy

ZNF endeavors to present product information accurately and in good faith. However, to the fullest extent permitted by law:

• product descriptions, labels, images, ingredient summaries, nutritional information, supplement facts, claims, warnings, certifications, origin information, pricing, size references, packaging images, lot-related characteristics, availability data, and similar information may contain typographical errors, omissions, outdated information, or other inaccuracies;

• product photographs and renderings are illustrative only and may not reflect the exact lot, packaging revision, crop cycle, harvest, color, texture, particle size, or current label presentation;

• natural agricultural and minimally processed products may vary by lot in color, aroma, taste, appearance, density, clumping behavior, particle size, moisture response, and other sensory or physical characteristics; and

• such variation, by itself, does not necessarily indicate defect, contamination, adulteration, or mislabeling.

ZNF reserves the right, without prior notice, to correct any error, update any information, revise labels, discontinue products, limit quantities, refuse transactions, or cancel orders where necessary or appropriate.

6. Allergen, Cross-Contact, and Sensitivity Disclaimer

Customers are solely responsible for reviewing the complete product label, ingredient list, warnings, and related disclosures each time a product is purchased, handled, prepared, or used.

ZNF products may contain, or may be processed, stored, packaged, transported, or handled in environments that also involve ingredients or products associated with allergens or sensitivities, including, without limitation:

• milk;

• eggs;

• fish;

• crustacean shellfish;

• tree nuts;

• peanuts;

• wheat;

• soy;

• sesame;

• gluten-containing ingredients;

• spices;

• botanicals;

• herbs;

• roots;

• seeds; and

• other naturally occurring, facility-present, or supplier-present ingredients.

ZNF does not warrant that any product, ingredient, batch, lot, storage environment, fulfillment environment, or facility is free from all allergens, trace ingredients, cross-contact, environmental exposure, handling exposure, or sensitivity triggers unless expressly stated in a separate written agreement signed by an authorized ZNF representative.

If you have allergies, sensitivities, dietary restrictions, celiac disease, mast-cell issues, or similar concerns, you must independently evaluate whether any product is appropriate for you and consult a qualified professional where appropriate.

7. Natural Products; Agricultural Variation; No Perfection Warranty

Many ZNF products are agricultural, botanical, naturally derived, or minimally processed materials. As such, they may inherently vary in:

• flavor;

• aroma;

• color;

• flowability;

• density;

• granularity;

• solubility;

• moisture behavior;

• harvest characteristics; and

• other organoleptic or physical properties.

Such variation is a normal characteristic of many natural products and shall not, standing alone, create any representation, warranty, return right, refund right, or defect presumption beyond what is required by applicable law or expressly provided in the applicable ZNF Legal Policies.

8. Reviews, Testimonials, Ratings, and User-Generated Content

Reviews, ratings, comments, testimonials, images, social-media posts, user questions, user answers, and other user-generated content relating to ZNF products or services reflect the views and experiences of the submitting party only.

To the fullest extent permitted by law:

• such content is provided for general informational purposes only;

• such content does not constitute medical, legal, nutritional, or other professional advice;

• such content does not constitute a warranty, guarantee, or representation by ZNF;

• publication, excerpting, display, moderation, or non-removal of such content does not mean that ZNF adopts, verifies, endorses, or certifies the content;

• anecdotal experiences do not establish that any product is safe, effective, typical, or suitable for all users; and

• individual outcomes, experiences, tolerability, and satisfaction may vary materially.

ZNF reserves the right, but not the obligation, to monitor, review, moderate, redact, suppress, refuse, remove, preserve, investigate, or disclose user-generated content in accordance with the Terms of Use, Content Policy, Product Review Guidelines, Privacy Policy, and applicable law.

Nothing in this Policy is intended to prohibit truthful, good-faith reviews protected by applicable law. However, ZNF may remove or refuse content that is false, deceptive, fabricated, unlawful, abusive, privacy-invasive, medically noncompliant, unsafe, extortionate, or otherwise inconsistent with the ZNF Legal Policies or applicable law.

9. No Reliance on Third-Party Content, Links, or External Platforms

ZNF may reference, embed, publish on, syndicate through, advertise through, or link to third-party websites, marketplaces, social-media platforms, service providers, carriers, software tools, payment processors, review tools, communications providers, and other external systems.

ZNF does not control, and expressly disclaims responsibility for:

• third-party content;

• third-party terms;

• third-party privacy practices;

• third-party security practices;

• third-party moderation decisions;

• third-party delivery performance;

• platform outages;

• platform policy changes; or

• third-party legal compliance.

Any interaction you have with a third-party platform, marketplace, seller, carrier, service provider, or linked website is at your own risk and may be governed by that party’s own terms and policies.

Where ZNF is not the seller or merchant of record, ZNF may not control the final transactional terms, listing presentation, review display, fulfillment rules, return workflow, or dispute procedures of that channel.

10. Marketplace, Reseller, and Unauthorized-Seller Disclaimer

ZNF may sell directly and may also distribute or make products available through third-party marketplaces, resellers, distributors, or other channels.

Unless expressly stated otherwise in writing:

• purchases made through third-party marketplaces, resellers, or retailers may be governed by the terms of the applicable seller or platform;

• ZNF is not responsible for the acts, omissions, storage, handling, relabeling, repackaging, representations, warnings, pricing, delivery conduct, or after-sale practices of unauthorized sellers;

• ZNF may deny warranty, refund, replacement, or other requested relief where a product was obtained through an unauthorized seller, altered channel, diverted inventory path, or materially altered packaging chain; and

• customers are responsible for confirming that they are purchasing from an authorized and appropriate source where authenticity, freshness, chain of custody, lot integrity, or warranty eligibility matters.

11. Ordering, Acceptance, Pricing, and Availability Disclaimer

Product displays, catalogs, website listings, emails, quotes, and marketplace listings generally constitute invitations to make an offer, not guarantees of acceptance.

ZNF reserves the right, in its sole discretion and to the fullest extent permitted by law, to:

• accept, reject, limit, or cancel any order;

• refuse service;

• limit quantities;

• correct pricing, content, or availability errors;

• request additional verification;

• suspend or cancel transactions suspected of fraud, abuse, reselling, unauthorized export, sanctions risk, compliance risk, or operational impracticability; and

• modify or discontinue products, promotions, or pricing.

Order acceptance occurs only as provided in the applicable ZNF purchasing and shipping policies and is not necessarily established by cart display, order acknowledgment, authorization hold, pre-processing communication, or preliminary charge authorization alone.

12. Shipping, Delivery, Pickup, Freight, and International Compliance Disclaimer

ZNF ships and fulfills orders from West Palm Beach, Florida and may use carriers or logistics providers including, without limitation, USPS, UPS, FedEx, DHL, and LTL / freight partners.

Unless expressly stated otherwise in writing:

• shipping and transit times are estimates only and are not guarantees;

• local pickup, carrier routing, customs clearance, and delivery timing are subject to operational, verification, staffing, traffic, weather, carrier, and governmental conditions;

• delays, missed scans, reroutes, customs holds, accessorials, failed deliveries, freight reclassification, address errors, and similar issues may occur and may be outside ZNF’s control;

• title, risk of loss, return rights, evidence requirements, and issue-reporting deadlines are governed by the applicable ZNF Legal Policies;

• international customers are responsible for local legality, customs duties, VAT/GST, brokerage charges, permits, clearance issues, and importer-of-record obligations unless ZNF expressly agrees otherwise in writing; and

• wholesale, export, container, pallet, freight, and customer-arranged carrier transactions may involve separate operational, documentary, and carrier-liability rules.

For covered mail, internet, and telephone orders, shipment timing statements are intended to be interpreted consistently with applicable federal shipment-timing law and the ZNF Shipping & Delivery Policy.

References to international shipping, customs, import, export, privacy, or foreign-law considerations are provided for disclosure and risk-allocation purposes only and shall not be construed as an admission that any non-U.S. law applies in every circumstance.

13. Post-Delivery Storage, Handling, Repackaging, and Use Are Outside ZNF’s Control

Once a product has been delivered, tendered for pickup, released to a designated carrier, or otherwise leaves ZNF’s control, ZNF is not responsible for conditions arising from:

• improper storage;

• heat or humidity exposure;

• freezing;

• contamination;

• infestation;

• oxidation;

• moisture exposure;

• relabeling;

• repackaging;

• commingling;

• blending;

• misuse;

• off-label use;

• excessive storage time;

• use with incompatible substances;

• use contrary to warnings or directions; or

• other post-delivery handling outside ZNF’s control.

Customers are responsible for promptly inspecting products and for storing, handling, preparing, and using them appropriately.

14. Product-Issue Reporting; Stop-Use; Evidence Preservation

If you believe a product is contaminated, tampered with, mislabeled, defective, damaged, unsafe, missing, incorrect, or associated with an adverse reaction or other product-quality issue:

1. stop using the product immediately;

2. preserve the product, original packaging, labels, shipping materials, and all batch/lot identifiers;

3. take clear photographs and, where appropriate, video of the product, packaging, shipping label, and relevant conditions;

4. do not discard or materially alter the evidence unless instructed by a qualified authority or unless necessary for safety reasons; and

5. notify ZNF promptly through the appropriate support or legal channel.

Failure to preserve product and packaging, failure to cooperate reasonably, or failure to comply with applicable claim procedures may impair or defeat a request for refund, credit, replacement, claim support, or other relief to the fullest extent permitted by law.

15. No “Keep Product and Refund” Right Except as Expressly Approved

Except where required by law or expressly authorized in writing by ZNF, you are not entitled to retain, consume, discard, alter, or otherwise dispose of a product and also demand a refund, replacement, chargeback reversal, or other monetary remedy.

Where product return, inspection, or evidence preservation is required under applicable policy or law, compliance with those procedures is a condition of relief to the fullest extent permitted by law.

16. No Warranty; “As Is” and “As Available”

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ZNF SITES, CONTENT, PRODUCTS, SERVICES, COMMUNICATIONS, MARKETPLACE CONTENT, AND RELATED MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

EXCEPT AS EXPRESSLY STATED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED ZNF REPRESENTATIVE, ZNF DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION:

• MERCHANTABILITY;

• FITNESS FOR A PARTICULAR PURPOSE;

• NON-INFRINGEMENT;

• TITLE;

• QUIET ENJOYMENT;

• ACCURACY;

• COMPLETENESS;

• TIMELINESS;

• RELIABILITY;

• AVAILABILITY;

• SECURITY;

• ERROR-FREE OPERATION; AND

• ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

ZNF does not warrant that its sites, services, servers, emails, messages, or files will be uninterrupted, error-free, secure, compatible, or free from malware or other harmful components.

17. Limitation of Liability; Damages Exclusion; Exclusive Remedy

TO THE FULLEST EXTENT PERMITTED BY LAW, ZNF AND ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, CONTRACTORS, SERVICE PROVIDERS, MARKETPLACE PARTNERS, FULFILLMENT PARTNERS, AND CARRIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, STATUTORY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR USE, ARISING OUT OF OR RELATING TO:

• this Policy;

• any ZNF site, content, product, or service;

• any delay, nondelivery, or delivery issue;

• any customs, import, export, freight, or carrier issue;

• any review, testimonial, or user-generated content;

• any alleged inaccuracy, omission, or outdated content;

• any adverse reaction or incompatibility claim;

• any third-party platform, service provider, or linked service; or

• any use of or inability to use a ZNF product or service,

REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ZNF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT LIABILITY CANNOT BE LAWFULLY DISCLAIMED, THE EXCLUSIVE REMEDIES, DAMAGES LIMITATIONS, LIABILITY CAP, AND FAILURE-OF-ESSENTIAL-PURPOSE PROVISIONS SET FORTH IN THE TERMS OF USE ARE INCORPORATED HEREIN BY REFERENCE AND SHALL CONTROL TO THE FULLEST EXTENT PERMITTED BY LAW.

18. Customer Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless ZNF and its affiliates, and their respective owners, members, managers, directors, officers, employees, agents, licensors, suppliers, contractors, service providers, successors, and assigns from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to:

• your use of any ZNF site, content, product, or service;

• your breach of this Policy or any other ZNF Legal Policy;

• your misuse, relabeling, repackaging, export, resale, or redistribution of products;

• your violation of applicable law, platform rules, marketplace rules, import rules, or third-party rights;

• your false, misleading, unlawful, or medically noncompliant content, review, or testimonial;

• your failure to preserve evidence relating to a product or transaction dispute; or

• your negligent, wrongful, fraudulent, or unauthorized conduct.

19. Compliance with Law; No Waiver of Non-Waivable Rights

This Policy is intended to be interpreted consistently with applicable federal, state, local, and, where applicable, international law.

Nothing in this Policy shall be construed to:

• waive any non-waivable consumer, privacy, civil-rights, accessibility, or other statutory right;

• require ZNF to act contrary to law, legal process, regulator instruction, or law-enforcement direction;

• create any admission that a particular regulatory regime applies in every circumstance; or

• create any private right of action beyond what is required by applicable law.

20. Dispute Resolution; Binding Arbitration; Class-Action Waiver

Any dispute, claim, or controversy arising out of or relating to this Policy, any ZNF content, any product, any review or testimonial, any order, any shipping or pickup issue, any product-quality concern, or any relationship with ZNF shall be governed exclusively by the dispute-resolution provisions of the Terms of Use, including, to the fullest extent permitted by law:

• any required informal dispute-resolution process;

• binding arbitration on an individual basis;

• any class, collective, coordinated, mass, or representative action waiver;

• any delegation provisions;

• any governing-law provisions;

• any venue provisions; and

• any survival and enforcement provisions.

To the fullest extent permitted by law, the Federal Arbitration Act and Florida law shall apply as provided in the Terms of Use.

Nothing in this Section requires arbitration of any claim to the extent a non-waivable law expressly prohibits mandatory arbitration of that claim.

21. Governing Law

Subject to the controlling arbitration and dispute-resolution provisions of the Terms of Use, this Policy shall be governed by and construed under the laws of the State of Florida, without regard to conflict-of-laws rules, except to the extent non-waivable law requires otherwise.

22. Reservation of Rights; No Waiver; Severability; Survival

ZNF reserves all rights not expressly granted.

Failure by ZNF to enforce any provision of this Policy in any instance shall not constitute a waiver of that provision or any other right.

If any provision of this Policy is determined to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law or, if necessary, modified or severed to the minimum extent necessary, and the remainder shall remain in full force and effect.

Any provision that by its nature should survive shall survive, including, without limitation, provisions concerning disclaimers, liability limitations, evidence preservation, indemnification, governing law, dispute resolution, and enforcement.

23. Changes to This Policy

ZNF may amend, revise, replace, supplement, or retire this Policy at any time by posting an updated version on the Legal page or otherwise providing legally sufficient notice.

Unless a later effective date is stated, the updated Policy becomes effective upon posting.

Your continued access to or use of any ZNF site, service, product, communication channel, or facility after the effective date of an updated Policy constitutes your acceptance of the revised Policy to the fullest extent permitted by law.

24. Contact and Routing of Issues

For customer-service, order, shipping, return, or product questions, please contact ZNF Customer Care through the contact methods identified on the Site.

For issues governed by dedicated policies, use the channels designated in those policies, including, without limitation:

• privacy and data-rights issues;

• cookie and tracking issues;

• accessibility requests;

• copyright notices;

• security reports;

• review or content moderation concerns; and

• legal notices or formal disputes.

Public reviews, social comments, or marketplace messages are not a substitute for formal safety, privacy, security, legal, or claims reporting.

If you have questions or need assistance, please contact our Customer Care team. For topics governed by dedicated policies, please consult the complete, current versions on our Legal page; each is incorporated by reference into this Agreement and applies to all access and use of our Sites, Products, and Services, including automated access. These policies include, without limitation: Terms of Use Policy, Privacy Policy, Legal Notice Disclaimer, Return Policy, Accessibility Statement, California Prop 65 Notice, Subscriptions, Shipping Policy, Cookie Policy, DMCA Compliance Statement, Mobile Terms of Service, Content Policy, Advertising & Analytics Policy, Information & Security Policy, Product Reviews Policy, Agent Terms, GDPR Statement, and CCPA Opt-out.

If a concern or dispute arises, you must follow the Initial Dispute Resolution process and the Binding Arbitration requirements set forth in §16. Your continued use of the Sites or Services constitutes acceptance of the then-current Terms, including all incorporated policies and dispute-resolution requirements.

By using our Sites, Products, Services, Service Providers, placing an order, or contacting us through any channel, you acknowledge that you have read, understand, and agree to be bound by this Agreement and all incorporated ZNF policies referenced above and available on the Legal page.

Terms of Use

Updated: January 1, 2026

PLEASE READ THESE CONTRACTUAL TERMS AND CONDITIONS OF USE AND SERVICE (“AGREEMENT”) CAREFULLY

SECTION INDEX

1. BINDING AGREEMENT

2. NO AMENDMENTS OR ADDITIONAL TERMS

3. SCOPE OF APPLICATION

4. MATERIAL TERMS AND CONDITIONS

5. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

6. VALIDITY, ENFORCEABILITY, AND SURVIVAL OF PROVISIONS

7. CONTINUING OBLIGATIONS POST-TERMINATION

8. GOVERNING LAW, JURISDICTION, AND ARBITRATION VENUE

9. NO ESTABLISHMENT OF JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP

10. COMPREHENSIVE LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

11. INDEMNIFICATION AND DEFENSE

12. DISCLAIMERS, REPRESENTATIONS, WARRANTIES, AND LIMITATION OF LIABILITY

13. PRODUCT TERMS AND CONDITIONS, PAYMENT TERMS, AND PROMOTIONS

14. ENTIRE AGREEMENT; GOVERNING LANGUAGE; ASSIGNMENT; NOTICES

15. MISCELLANEOUS PROVISIONS

16. DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION; CLASS-ACTION WAIVER; DELEGATION; PUBLIC-INJUNCTIVE RELIEF SAVINGS; REGULATORY CARVE-OUT; MASS-ARBITRATION PROTOCOL; SPECIAL NOTICE-AND-CURE FOR PROP 65 AND ADA; INTERNATIONAL PRIVACY CLAIMS; FEES; CONFIDENTIALITY; OPT-OUT; SURVIVAL

17. PRODUCT DIVERSION, CONTROLLED RESALE, LICENSE & CONTENT USE

18. ENFORCEMENT, MODIFICATION, AND TERMINATION OF TERMS

19. RETURN POLICY, MISCELLANEOUS TERMS, CALIFORNIA PROPOSITION 65 COMPLIANCE, AND RSS FEEDS & PODCASTS TERMS

20. MOBILE APPLICATION SERVICES TERMS AND GOVERNANCE

21. CUSTOMER CONDUCT, FRAUD PREVENTION, REFUSAL OF SERVICE, AND ACCOUNT ACTIONS

22. CONCLUSION

1. BINDING AGREEMENT

This Agreement constitutes a legally binding contract between Z Natural Foods LLC (“Z Natural Foods,” “ZNF,” “we,” “us,” “our,” “Store,” or “Company”) and any individual, entity, or automated system that accesses, indexes, downloads, transmits, or otherwise interacts with any ZNF resource. ZNF’s principal place of business is Palm Beach County, Florida, USA. Assent to these Terms is required and is obtained whether access occurs: (i) directly via ZNaturalFoods.com, any successor domain/subdomain, API, mobile/desktop application, or third-party storefront/marketplace listing; (ii) through email, chat, telephone, SMS/MMS, social media, RSS feeds, podcasts, or other communication channels; or (iii) indirectly by means of any robot, spider, crawler, scraper, data-mining tool, machine-learning model, artificial-intelligence system, agentic workflow, or similar automated technology (collectively, “Automated Agents”). You represent and warrant that you have authority to bind any entity on whose behalf you access the Site/Services, including via Automated Agents. Courts routinely enforce reasonably conspicuous online terms and contractual restrictions on automated access. Any scraping, harvesting, circumvention of access controls, or other automated interaction in violation of these Terms constitutes a material breach and may give rise to contractual, equitable, and statutory remedies, including injunctive relief and—depending on the facts—claims under applicable federal and state computer-access laws.

Continued access to or use of any ZNF Site or Service subsequent to the “Updated” date specified above shall constitute an acknowledgment by you, and any entity on whose behalf you or an Automated Agent operate, that you have reviewed, comprehended, and irrevocably accepted:

(a) this Terms of Use Policy (the “TOU”);

(b) every other ZNF legal policy, notice, or guideline presently in effect or hereafter published on the Legal page or incorporated through a topic-specific policy page (the “ZNF Legal Policies”), including, without limitation: Privacy Policy; Legal Notice, Disclaimers, Risk Allocation, & Important Consumer / Commercial Disclosures Policy; Cancelations, Returns, Refunds & Title Policy; Accessibility Statement; California Proposition 65 Notice & Disclaimer; Purchases, Subscriptions & Pre-Orders Policy; Shipping & Delivery Policy; Cookie Policy; DMCA Compliance Statement & Copyright Infringement Policy; Mobile Terms of Service; Content Policy; Digital Advertising & Analytics Policy; Information Security Policy & Responsible Vulnerability Disclosure Policy; Product Review Guidelines; Agent Terms & Automated Access / Bot Policy; GDPR Statement / EEA-UK-Switzerland Privacy Notice; Your Privacy Choices / Data Sharing Opt-out Notice; U.S. State Privacy Addendum; International Privacy Addendum; and any additional policies, addenda, or notices made available via the Legal page, View More Policies, or related privacy notices.

(c) the mandatory dispute-resolution procedures and class-action waivers delineated in § 8 and § 16.

1.1 ZNF Legal Policies; Legal Page; Incorporation; Precedence

The ZNF “Legal Policies” are the policies, notices, disclosures, and guidelines posted on ZNF’s Legal page (currently available at https://www.znaturalfoods.com/pages/legal), and, where ZNF posts a topic-specific page or notice, on the corresponding policy page linked from the Legal page (for example, the current Privacy Policy at https://www.znaturalfoods.com/pages/legal/privacy-policy). The Legal page is the canonical policy hub, and all ZNF Legal Policies are incorporated into this Agreement by reference.

Current policy map. For convenience, the principal ZNF Legal Policies presently include Privacy Policy; Legal Notice, Disclaimers, Risk Allocation, & Important Consumer / Commercial Disclosures Policy; Cancelations, Returns, Refunds & Title Policy; Accessibility Statement; California Proposition 65 Notice & Disclaimer; Purchases, Subscriptions & Pre-Orders Policy; Shipping & Delivery Policy; Cookie Policy; DMCA Compliance Statement & Copyright Infringement Policy; Mobile Terms of Service; Content Policy; Digital Advertising & Analytics Policy; Information Security Policy & Responsible Vulnerability Disclosure Policy; Product Review Guidelines; Agent Terms & Automated Access / Bot Policy; GDPR Statement / EEA-UK-Switzerland Privacy Notice; Your Privacy Choices / Data Sharing Opt-out Notice; U.S. State Privacy Addendum; and International Privacy Addendum, together with any additional policy, addendum, notice, disclosure, or guideline posted on the Legal page or incorporated through a topic-specific page.

Order of precedence. If there is a direct conflict between documents, the following controls (but only to the extent of the conflict): (i) this Terms of Use Policy controls for arbitration/class-action waiver, governing law/venue, limitation of liability, warranty disclaimers, evidentiary standards, survival, and other general risk-allocation provisions; (ii) the topic-specific ZNF Legal Policy controls for its specific subject matter (e.g., purchases/subscriptions, shipping/delivery, cancelations/returns/refunds/title, mobile messaging, content/reviews, agent/bot access, privacy/cookies/advertising, security, DMCA); and (iii) any transaction-specific checkout disclosures control only for the specific detail disclosed and only if consistent with (i)–(ii).

Version control. If any policy text is displayed through a third-party platform, cached page, syndication feed, or a separate checkout domain, it is provided for convenience only. In the event of any discrepancy, the versions published on ZNF’s Legal page control to the maximum extent permitted by law.

Choice-of-law note (commercial transactions). For certain qualifying commercial transactions (generally ≥ US$250,000 as described in Chapter 685, Florida Statutes), the parties may expressly designate Florida law under Chapter 685. For all other transactions, Florida law applies as stated in this Agreement, subject to the Federal Arbitration Act and any non-waivable consumer-protection rules that validly apply.

To the maximum extent permitted by applicable law, this Agreement is intended to apply regardless of your location or the location of systems you use to access the Services, and is drafted to be enforceable under the FAA and Florida law. Any attempt to amend, supersede, or contradict the TOU (including by means of a purchase order, hyperlink, or automated header) is void unless contained within a written amendment executed by both you and an authorized ZNF officer. Continued use, whether by human or automated means, following the posting of any amendment constitutes renewed acceptance of the revised terms. Unauthorized circumvention of technical safeguards such as robots.txt, CAPTCHA, IP-rate limits, geofencing, or authentication gates is a material breach and may give rise to contractual, statutory, and equitable remedies, including injunctive relief, and, depending on the facts, may implicate applicable computer-access or anti-circumvention laws.

2. NO AMENDMENTS OR ADDITIONAL TERMS

Any attempt by you or a third party to amend, improve, or revise these Terms or to submit orders for products or services under any supplementary, conflicting, or modified terms shall be considered null and void unless such revisions are formally documented in a written agreement executed by both parties. No course of dealing, purchase order, or other instrument shall be construed as altering these Terms.

2.1 Government, Educational, and Institutional Buyers; No FAR/DFARS or Flow-Down Terms Unless Signed

To the maximum extent permitted by law, if you are the United States Government, any federal/state/local agency or instrumentality, a public university, or any buyer using a procurement portal, purchase order, contract vehicle, grant-funded purchasing process, or other institutional buying program (each, a “Government/Institutional Buyer”), then:
(a) No procurement clause acceptance. Unless ZNF executes a separate written agreement signed by an authorized ZNF officer that expressly incorporates specific government terms, ZNF does not accept, and expressly rejects, any FAR, DFARS, agency supplement, flow-down, audit, data-rights, inspection, acceptance, termination-for-convenience, most-favored-customer, indemnity, limitation, cybersecurity, or similar government contracting clauses (including, by way of example only, FAR 52.212-4 and any mandatory clause bundles). Any such clauses included in a purchase order, portal terms, invoice terms, EDI terms, or “click-through” procurement terms are void as between you and ZNF.
(b) Offer-only; right to refuse. Any order or purchase order you transmit is an offer to purchase on these Terms and the incorporated ZNF Legal Policies only. ZNF may reject, cancel, or hold any Government/Institutional order absent a separate signed agreement.
(c) No waiver of sovereign or governmental immunities. Nothing in these Terms is intended to waive any sovereign immunity or non-waivable rights of a governmental entity; to the extent arbitration or any waiver is prohibited by non-waivable law that applies to a Government/Institutional Buyer, the dispute forum and remedies must be set forth in a separate signed agreement, and ZNF may refuse the transaction absent such agreement.
(d) Priority of signed agreements. If ZNF signs a separate written agreement with a Government/Institutional Buyer, that signed agreement controls only as to the specific transaction covered and only to the extent of direct conflict; all other provisions (including limitation of liability, disclaimers, and IP protections) remain applicable to the maximum extent permitted by law.

3. SCOPE OF APPLICATION

3.1 Universal Coverage of ZNF Properties

These Terms shall govern all digital and physical assets, referred to herein as "ZNF Properties," which are owned, operated, licensed, or otherwise controlled by Z Natural Foods LLC ("ZNF"). These ZNF Properties include, but are not limited to, znaturalfoods.com, any successor or country-code domain, all associated sub-domains, mobile and desktop applications, Application Programming Interfaces ("APIs"), branded storefronts or listings on third-party marketplaces (e.g., Amazon, eBay, Walmart, TikTok Shop, and future equivalents), official social-media pages, electronic newsletters, advertising campaigns, RSS feeds, podcasts, bulk-e-mail solicitations, SMS/MMS messaging services, customer-support portals, agentic systems, and any other platform, medium, or channel utilized for the dissemination of ZNF Content or Services.

3.2 “As-Is / As-Available” Provision

All Sites, Products, Services, and communications are rendered strictly “as-is,” “as-available,” and “with all faults,” and are provided without any warranty, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Service availability may fluctuate and is contingent upon factors such as geographical location, network conditions, and the operational performance of third-party platforms.

3.3 Territorial & Extraterritorial Reach

This Agreement is applicable worldwide, irrespective of the user’s or the governing server’s physical location, and is enforceable under the laws of the State of Florida and the Federal Arbitration Act (as detailed in Sections 8 and 16). Users who access the Services from jurisdictions where such content is restricted or prohibited do so entirely at their own risk and assume sole responsibility for compliance with all applicable local statutes.

3.4 Protection of Content & Technology

All textual matter, photographic images, audio recordings, video footage, source code, underlying databases, trade dress, and all derivative works (collectively, the “Content”) are protected by the U.S. Copyright Act, the Berne Convention, and other relevant multilateral treaties. Any unauthorized reproduction, adaptation, distribution, public performance, public display, or extraction, whether executed manually or via automated means, is rigorously prohibited.

3.5 Binding Effect on Automated Access

Any Automated Agent, defined herein as any robot, spider, crawler, scraper, AI model, agentic system, or similar automated process that accesses, indexes, mines, or transmits ZNF Content, is hereby deemed to have constructive notice of, and irrevocably assents to, the Terms of Use (TOU) with the same binding effect as if accepted by a natural person. The circumvention of technical access barriers, including but not limited to robots.txt protocols, CAPTCHA mechanisms, or IP rate limits, may constitute "unauthorized access" under the U.S. Computer Fraud and Abuse Act and the Florida Computer Crimes Act, and shall be considered a material breach of these terms.

3.6 Third-Party Platform Governance

In instances where ZNF Content, listings, or transactions occur through third-party marketplaces, platforms, carriers, processors, or communication tools, these Terms apply as between you and ZNF in addition to any platform-specific rules. To the maximum extent permitted by law and the platform’s own rules, you agree that these Terms control your relationship with ZNF (including arbitration, limitations of liability, and risk allocation). Platform terms may also apply to platform-specific functionality or payment processing, and nothing in these Terms is intended to modify a third party’s mandatory terms where ZNF lacks legal authority to do so.

3.7 Comprehensive Communications Clause

These Terms extend to all forms of communication, including, but not limited to, written, oral, digital, and implied exchanges. This comprehensively encompasses website content, email, chat communications, SMS messages, social media postings, advertisements, direct messages, telephone or VoIP calls (whether recorded or live), webinars, podcasts, printed materials, product packaging, invoices, quotations, and marketing collateral.

3.8 Browse-/Click-Wrap & Notice of Changes

Continued access to the Services by human users or automated processes after the date of an update constitutes renewed acceptance of the modified terms, contingent upon the provision of reasonably conspicuous notice on the interface, in accordance with prevailing U.S. case law on electronic contracts. Operators of Automated Agents are responsible for monitoring the TOU for any amendments.

3.9 Disclaimer of Suitability Outside the U.S.

While ZNF endeavors to present accurate and accessible information for users within the United States, we provide no warranty that the Content is lawful or appropriate for use in other jurisdictions. Access from territories where the publication, download, or utilization of the Services is illegal is prohibited and considered void.

4. MATERIAL TERMS AND CONDITIONS

By utilizing the Site and Services, you hereby acknowledge and consent to the following principal stipulations:

Information Collection and Privacy:

You provide express consent to the collection, utilization, and disclosure of your personal and other information in strict accordance with the ZNF Privacy Policy, which is formally incorporated herein by reference and is accessible on our Legal page at https://www.znaturalfoods.com/pages/legal and at https://www.znaturalfoods.com/pages/legal/privacy-policy.

“As Is” Provision and Limitation of Liability:

The Site, all associated content, and the Products and Services are furnished on an “as is” and “as available” basis, without any express or implied warranties whatsoever, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. ZNF’s total liability to you is explicitly restricted, as further detailed below.

Binding Arbitration:

Any and all disputes, controversies, or claims arising out of or relating to this Agreement or your use of the Site, Products, and Services shall be exclusively and finally resolved through binding arbitration, as further stipulated within the Arbitration Policy in section 16.

Incorporation of Legal Policies and Notices:

All ZNF Legal Policies published on our Legal page are incorporated into this Agreement by reference. For convenience, the Legal page is currently available at https://www.znaturalfoods.com/pages/legal. If there is any conflict, the order of precedence in §1.1 controls, and the versions posted on the Legal page control over any cached or third-party copies to the maximum extent permitted by law.

5. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

5.1 Mandatory Acceptance of Terms

Access to, interaction with, or utilization of the Site or Services, including but not limited to querying, downloading, visiting, or deployment of any automated means such as robots, spiders, crawlers, scrapers, artificial-intelligence agents, agentic systems, or comparable technologies (collectively, "Automated Agents"), constitutes an irrevocable representation, warranty, and covenant by the user and the deploying entity that: 

(a) the user has reviewed, comprehended, and unequivocally accepted this Agreement, including all policies incorporated within the ZNF Terms of Use ("TOU"); 

(b) the TOU establishes a legally enforceable "click-/browse-wrap" contract against both the user and any deployed Automated Agent, regardless of the interface or device utilized to access the Site; and 

(c) all subsequent access, whether human or automated, shall signify renewed acceptance of the then-current TOU, which may be unilaterally amended by ZNF and shall become effective immediately upon its posting.

5.2 Global and Extraterritorial Application. This acceptance is globally binding, notwithstanding:

(i) the geographical location of the user or server;

(ii) local practices regarding data harvesting; or

(iii) any conflicting foreign legal statutes.

Users and Automated Agents hereby submit to the exclusive jurisdiction and choice-of-law provisions detailed in §§ 8 & 16, thereby waiving any objection predicated upon forum non conveniens or extraterritoriality.

5.3 Restriction on Unauthorized Automated Access. Absent express written authorization executed by ZNF:

(a) no Automated Agent is permitted to access, index, copy, cache, harvest, or otherwise process any segment of the Site or its fundamental code, databases, images, text, audio, video, or metadata (“Content”) for any purpose, including data mining, AI model training, machine learning, or commercial analytics;

(b) any effort to evade or disrupt ZNF’s technical safeguards (including, but not limited to, robots.txt directives, CAPTCHAs, IP-rate limits, geo-fencing, authentication barriers, or encryption) shall be deemed “unauthorized access” under the U.S. Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Florida Computer Crimes Act (Fla. Stat. § 815.06), and other pertinent legislation, and constitutes a material breach of this Agreement.

5.4 Monitoring and Enforcement Provisions.

ZNF retains the unrestricted right to:

(i) monitor, identify, and interdict any traffic, human or automated, which ZNF, in its sole discretion, deems harmful, excessive, or unauthorized;

(ii) deploy countermeasures, such as honeypots or digital watermarks, to detect scraping or infringement;

(iii) pursue immediate injunctive relief, statutory damages, liquidated damages, treble damages where permissible, recovery of attorneys’ fees, and all other remedies available at law or in equity against violators; and

(iv) refer violations to appropriate civil or criminal authorities.

5.5 Non-Waiver by Inaction

ZNF’s failure to detect or initiate action concerning a specific instance of unauthorized access shall not be construed as consent or a waiver of its rights with respect to that instance or any subsequent conduct.

5.6 Continued Utilization as Ratification of Amendments

ZNF reserves the right to revise the TOU at any time. Continued access, whether human or automated, subsequent to the “Updated” date displayed above shall constitute conclusive acceptance of all amendments, even in the event a user or Automated Agent fails to review them. Users are responsible for monitoring the TOU for modifications.

6. VALIDITY, ENFORCEABILITY, AND SURVIVAL OF PROVISIONS

Severability and Judicial Reformation

6.1 Judicial Modification of Invalid Provisions

Should any clause of this Agreement or its application to any person, jurisdiction, medium, or Automated Agent be deemed invalid, illegal, or unenforceable by an arbitrator or a court of competent jurisdiction, that clause shall be "blue-penciled" or reformed solely to the limited extent necessary to align with the Parties' original lawful intent, while the remaining provisions shall continue in full force and effect. This principle adheres to the Blue Pencil doctrine, widely utilized in U.S. courts and recognized under Florida law.

6.2 Universal and Technological Applicability

The foregoing provisions are applicable worldwide and extend to all modes of access, whether manual or automated. Consequently, operators of bots, spiders, scrapers, crawlers, AI/ML systems, or other electronic agents are bound to the reformed provision in the same manner as a natural person.

6.3 Perpetual Survival Clause

The following rights, obligations, and risk allocations shall persist notwithstanding any termination, suspension, expiration, de-indexing, denial of service, account deletion, technological block, or legal unenforceability of other provisions:

(a) Dispute Resolution Framework: encompassing mandatory arbitration, class-action waiver, jury-trial waiver, the Mass-Arbitration protocol, choice-of-law, forum-selection, and prescriptive periods (§§ 8, 16).

(b) Intellectual-Property and Content Controls: addressing copyrights, trademarks, trade dress, patents, database rights, licenses granted to or by ZNF, anti-scraping restrictions, prohibitions against robots.txt/CAPTCHA bypass, DMCA procedures, and licenses for user-generated content.

(c) Warranty Disclaimers and Limitations of Liability: including disclaimers of "as-is/as-available" condition, exclusions of consequential damages, and limitations on direct damages.

(d) Idea-Submission and Feedback Terms: specifying the unilateral use license, the absence of confidentiality, and the waiver of claims for equitable relief.

(e) Indemnities and Defense Obligations: pertaining to Intellectual Property (IP) infringement, data-security incidents, misuse by bots/scrapers, Proposition 65 compliance, and the violation of export controls or sanctions.

(f) Data-Protection and Confidentiality: obligations pursuant to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Health Insurance Portability and Accountability Act (HIPAA, if applicable), and the ZNF Information and Security Policy.

(g) Prohibitions against: anti-fraud, anti-circumvention, and unauthorized computer-access as stipulated under the U.S. Computer Fraud and Abuse Act and the Florida Computer Crimes Act.

(h) Miscellaneous Boilerplate Provisions: including severability, survival, assignment, force-majeure, non-waiver, headings, entire-agreement, notices, and counterparts.

6.4 Cumulative Remedies and Injunctive Relief

The survival of the aforementioned provisions is cumulative and non-exclusive. ZNF retains the right to seek damages, statutory penalties, attorney’s fees, equitable relief, and any other remedy available at law or in equity for breaches, whether human or automated, of the surviving obligations.

6.5 Preservation of Statutory Rights

Nothing contained herein shall diminish any statutory right, immunity, or defense available to ZNF under federal or Florida law, including, but not limited to, 47 U.S.C. § 230 (the Communications Decency Act), the Digital Millennium Copyright Act, or Florida trade-secret statutes.

7. CONTINUING OBLIGATIONS POST-TERMINATION

Following the termination or expiration of this Agreement, irrespective of the terminating party, both you and ZNF shall continue to be bound by all ongoing obligations stipulated herein, with the exception of those provisions specifically and exclusively related to the limited license granted to you or modifications to the Service, which shall terminate concurrently with the Agreement.

8. GOVERNING LAW, JURISDICTION, AND ARBITRATION VENUE

8.1 Governing Law

CISG excluded for international sales. To the fullest extent permitted by law, the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) (“CISG”) does not apply to any sale of goods, cross-border shipment, or transaction with ZNF.

This Agreement, encompassing all transactions and interactions (whether human or automated) involving the Site, Products, or Services, shall be governed by the substantive laws of the State of Florida, without regard to Florida conflict-of-law principles, except that the arbitration agreement in §16 is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, to the fullest extent it applies, and where the FAA is held not to apply, Florida’s Arbitration Code (Chapter 682, Florida Statutes) applies. Nothing in this Agreement is intended to waive any non-waivable right or obligation under applicable law.

8.2 Global Applicability and Automated Access

These provisions shall be binding upon every person, entity, bot, crawler, spider, scraper, AI agent, or any other automated mechanism that accesses, indexes, or interacts with the Site, irrespective of the access's geographic origin (whether within or outside the United States) and notwithstanding any contrary local statutes or regulations. Automated access shall constitute affirmative acceptance of the Terms of Use (TOU) with the same force and effect as if executed by a natural person. The act of circumventing, ignoring, or disabling technological barriers (e.g., robots.txt, CAPTCHA, IP-rate limits) may be considered "unauthorized access" under the U.S. Computer Fraud & Abuse Act and the Florida Computer Crimes Act, and shall be deemed a material breach of this contract.

8.3 Exclusive Venue and Forum Selection

With the sole exception of the limited small-claims option articulated in Section 16.9, all disputes, regardless of the user's domicile or the technology utilized, shall be adjudicated exclusively:

Step 1: Through mandatory, binding arbitration, the seat of which shall be Palm Beach County, Florida, conducted in accordance with Section 16 and its attendant procedures (including, in cases of a NAM-defined Mass Filing, NAM’s Supplemental Rules for Mass Arbitration Filings); and

Step 2: Should judicial intervention become necessary (e.g., for the confirmation, vacating, or enforcement of an arbitration award, or to obtain provisional relief), such proceedings shall occur in the state or federal courts situated in Palm Beach County, Florida, to the exclusive jurisdiction and venue of which the parties hereby irrevocably consent.

Forum-selection clauses of this character are customarily upheld pursuant to The Bremen v. Zapata and its derived Florida jurisprudence. Any legal action initiated in a non-designated venue, whether by a human user or the operator of an Automated Agent, may be subject to dismissal, stay, or removal to the designated forum at ZNF's sole discretion, and the non-complying party shall be obligated to reimburse ZNF for all associated fees and costs incurred.

Arbitral awards rendered pursuant to § 16 are intended to be enforceable in many jurisdictions under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) and other applicable enforcement regimes. Nothing in this Agreement is intended as a representation that an award will be enforceable in every jurisdiction in every circumstance; however, you agree not to oppose recognition or enforcement except on grounds permitted under applicable law.

8.4 International Recognition and Enforcement

Arbitral awards rendered pursuant to §16 are intended to be enforceable in many jurisdictions under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) and other applicable enforcement regimes. Nothing in this Agreement is intended as a representation that an award will be enforceable in every jurisdiction in every circumstance; however, you agree not to oppose recognition or enforcement except on grounds permitted under applicable law.

8.5 Notice and Click/Browse-Wrap Assent

The Terms and Conditions of ZNF are presented in a manner designed to afford "reasonably conspicuous" notice and to secure user assent, consistent with prevailing U.S. jurisprudence concerning click-wrap, sign-in-wrap, and browse-wrap agreements. Continued access, whether manual or automated, after any update date shall constitute a renewed affirmation of acceptance. Operators of Automated Agents are solely responsible for monitoring updates and ensuring compliance with the updated terms.

8.6 Absence of Conflict with Section 16

The stipulations contained within this Section 8 shall neither limit nor supersede the mandatory arbitration framework established in Section 16. Instead, this Section 8 serves to complement Section 16 by: (i) confirming Florida law as the substantive law governing decisions; (ii) designating Palm Beach County as the exclusive arbitral seat and judicial forum; and (iii) extending these obligations to encompass all global users and automated processes. Should any interpretive tension arise, the provisions set forth in Section 16 shall prevail.

8.7 Technological Circumvention Constitutes Irreparable Harm Subject to Injunctive Relief

The act of circumventing ZNF’s access controls, which includes, but is not limited to, the bypassing of robots.txt, CAPTCHA, geo-blocking, or authentication mechanisms, shall be definitively construed as constituting irreparable harm. ZNF reserves the unqualified right to seek immediate injunctive relief in any court of competent jurisdiction, without the prerequisite of posting a surety bond to effectively cease such activity and preserve relevant evidence, in addition to pursuing arbitration for the recovery of resultant damages.

9. NO ESTABLISHMENT OF JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP

This Agreement shall not be interpreted as establishing a joint venture, partnership, employment, or agency relationship between the user and ZNF. The obligations of ZNF under this Agreement are expressly contingent upon prevailing laws and legal procedures, and no provision contained herein shall be deemed to restrict ZNF's inherent right to comply with governmental, judicial, or law enforcement requests, orders, or requirements pertaining to the user's utilization of the Site, Products, or Services, or any information furnished by the user.

10. COMPREHENSIVE LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

10.1 ACCEPTANCE OF TERMS OF USE

BY ACCESSING OR UTILIZING THE Z NATURAL FOODS (“ZNF”) WEBSITE, ALL ASSOCIATED DIGITAL CONTENT, MOBILE OR OTHER DIGITAL APPLICATIONS AND SERVICES, CUSTOMER SUPPORT CHANNELS (WHICH INCLUDE, BUT ARE NOT LIMITED TO, ELECTRONIC MAIL, LIVE CHAT FUNCTIONALITY, SOCIAL MEDIA PLATFORM INTERACTIONS, TELEPHONE COMMUNICATIONS, SHORT MESSAGE SERVICE (SMS)), THIRD-PARTY MARKETPLACE LISTINGS (SUCH AS AMAZON OR EBAY), AGENTIC STOREFRONT, OR BY SUBMITTING ANY ORDER FOR ANY PRODUCT (WHETHER PLACED DIRECTLY ONLINE THROUGH THE ZNF WEBSITE, BY TELEPHONE, FACSIMILE, VIA A THIRD-PARTY MARKETPLACE, AGENTIC STOREFRONT, OR THROUGH ANY OTHER MEANS) (COLLECTIVELY REFERRED TO HEREINAFTER AS, THE “SERVICES”), YOU, THE USER, CUSTOMER, OR PURCHASER, HEREBY UNCONDITIONALLY AGREE TO BE BOUND BY, AND ARE DEEMED TO HAVE ACCEPTED, ALL THE TERMS AND CONDITIONS, COVENANTS, AGREEMENTS, AND DISCLOSURES SET FORTH IN THIS ENTIRE LEGAL AGREEMENT, EFFECTIVE IMMEDIATELY. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND Z NATURAL FOODS.

SHOULD YOU DISAGREE WITH ANY PROVISION OR CONDITION WITHIN THESE TERMS, OR IF YOU ARE UNWILLING TO ACCEPT THE OBLIGATIONS SET FORTH HEREIN, YOU MUST IMMEDIATELY CEASE AND REFRAIN FROM ACCESSING OR UTILIZING THE SERVICES IN ANY MANNER WHATSOEVER. CONTINUED USE OF THE SERVICES SIGNIFIES YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS.

10.2 “AS IS” / “AS AVAILABLE”; OPERATION; SECURITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICES, INCLUDING ALL DATA, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, AND ANY OTHER ITEMS PROVIDED THROUGH THE SERVICES ARE FURNISHED BY ZNF ON AN “AS IS” AND “AS AVAILABLE” BASIS, ENTIRELY WITHOUT WARRANTIES OF ANY NATURE WHATSOEVER, UNLESS EXPLICITLY STIPULATED OTHERWISE IN A SEPARATE WRITTEN AGREEMENT DULY EXECUTED BY ZNF. YOU HEREBY AFFIRM AND ACKNOWLEDGE THAT YOUR UTILIZATION OF THE SERVICES IS SOLELY AT YOUR OWN RISK, AND FURTHER, THAT ZNF DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, ZNF’S SERVERS, OR ELECTRONIC COMMUNICATIONS ORIGINATING FROM ZNF ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

10.3 DISCLAIMER OF WARRANTIES (EXPRESS, IMPLIED, AND STATUTORY)

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ZNF EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTY OF MERCHANTABILITY, (B) FITNESS FOR A PARTICULAR PURPOSE, (C) NON-INFRINGEMENT, (D) TITLE, (E) QUIET ENJOYMENT, AND (F) ANY WARRANTIES DERIVED FROM A COURSE OF DEALING OR USAGE OF TRADE. THIS DISCLAIMER IS PRESENTED CONSPICUOUSLY AND IN WRITING TO COMPLY WITH FLORIDA UNIFORM COMMERCIAL CODE § 672.316 AND SIMILAR STATUTES. NO WARRANTIES EXTEND BEYOND THE DESCRIPTION PROVIDED WITHIN THIS AGREEMENT.

10.4 INFORMATION ACCURACY; THIRD-PARTY CONTENT; AUTOMATED ACCESS

ZNF MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF ANY INFORMATION OR MATERIALS, INCLUDING WITHOUT LIMITATION NUTRITIONAL DATA, LABELS, PHOTOGRAPHS, INGREDIENT LISTS, CLAIMS, OR DESCRIPTIONS, WHETHER PROVIDED BY ZNF OR ANY THIRD PARTY, AND WHETHER ACCESSED DIRECTLY BY A HUMAN OR INDIRECTLY THROUGH ANY AUTOMATED OR PROGRAMMATIC MEANS (INCLUDING, WITHOUT LIMITATION, BOTS, CRAWLERS, SPIDERS, SCRAPERS, OR ARTIFICIAL INTELLIGENCE / MACHINE LEARNING (AI/ML) SYSTEMS). TO THE FULLEST EXTENT PERMITTED BY LAW, ZNF AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, ANY COPYING, DOWNLOADING, CACHING, DATA MINING, WEB OR SCREEN SCRAPING, BULK EXTRACTION, INGESTION, TRAINING, FINE-TUNING, OR OTHER DERIVATIVE UTILIZATION OF THE SERVICES OR CONTENT, INCLUDING ANY DIRECT OR INDIRECT USE TO DEVELOP, TRAIN, OR IMPROVE AI/ML MODELS OR RELATED TECHNOLOGY, IS AT YOUR SOLE RISK AND IS SUBJECT TO ALL DISCLAIMERS, LIMITATIONS OF LIABILITY, REMEDIES, AND USE RESTRICTIONS IN THIS AGREEMENT. NO LICENSE IS GRANTED, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, to USE ANY SERVICES OR CONTENT FOR DATA MINING, SCRAPING, OR AI/ML TRAINING OR IMPROVEMENT. YOU SHALL NOT CIRCUMVENT OR ATTEMPT TO CIRCUMVENT ANY TECHNICAL, CONTRACTUAL, OR ORGANIZATIONAL MEASURES CONTROLLING ACCESS OR RATE OF ACCESS (INCLUDING ROBOTS.TXT, RATE LIMITS, CAPTCHA, AUTHENTICATION, OR OTHER ACCESS CONTROLS). ZNF MAY, IN ITS SOLE DISCRETION AND WITHOUT NOTICE, SUSPEND OR TERMINATE ACCESS, IMPLEMENT TECHNICAL BLOCKING, AND PURSUE ALL AVAILABLE LEGAL AND EQUITABLE REMEDIES FOR ANY BREACH OR UNAUTHORIZED USE.

ANY RELIANCE ON THE SERVICES OR CONTENT, HOWSOEVER OBTAINED, IS AT YOUR SOLE RISK AND SUBJECT TO THE LIMITATIONS AND DISCLAIMERS SET FORTH IN THIS AGREEMENT. ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED.

10.5 GENERAL INFORMATIONAL AND HEALTHCARE DISCLAIMER

ALL HEALTH OR NUTRITION-RELATED INFORMATION MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES AND DOES NOT CONSTITUTE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ZNF DOES NOT ENDORSE THE PRACTICE OF SELF-MANAGEMENT OF HEALTH CONDITIONS AND DOES NOT PROVIDE COMPREHENSIVE COVERAGE OF EVERY POSSIBLE DISEASE, AILMENT, SYMPTOM, REACTION, ALLERGY, OR TREATMENT. USERS ARE ADVISED TO ALWAYS SEEK THE GUIDANCE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY INQUIRIES REGARDING A MEDICAL CONDITION; PROFESSIONAL MEDICAL ADVICE SHOULD NEVER BE DISREGARDED OR DELAYED DUE TO INFORMATION PROVIDED VIA THE SERVICES. STATEMENTS REGARDING DIETARY SUPPLEMENTS MAY CONSTITUTE “STRUCTURE/FUNCTION” CLAIMS AND HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION; SUCH PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

10.6 SPECIFIC EXCLUSIONS AND OPERATIONAL RISKS

ZNF HEREBY DISCLAIMS ALL LIABILITY FOR, AND YOU SHALL ASSUME ALL RISKS RELATED TO, INCLUDING BUT NOT LIMITED TO: (A) FAILURES OF PERFORMANCE; (B) ERRORS OR OMISSIONS; (C) INTERRUPTIONS OR DOWNTIME; (D) BUGS, VIRUSES, OR OTHER MALICIOUS CODE; (E) UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR SERVERS; (F) DATA LOSS OR CORRUPTION; (G) NETWORK OR CARRIER SERVICE FAILURES; (H) DELAYS IN SHIPPING OR CARRIER-RELATED ERRORS; (I) CACHING OR THE PRESENCE OF OUT-OF-DATE INFORMATION ON THIRD-PARTY WEBSITES; (J) USER-GENERATED CONTENT OR THIRD-PARTY CONTENT AND/OR WEBSITES; (K) AUTOMATED OR HIGH-VOLUME ACCESS (INCLUDING, WITHOUT LIMITATION, BOTS AND WEB CRAWLERS) THAT INTERACTS WITH OR EXPLOITS THE SERVICES; AND (L) ANY ALLEGED STATUTORY OBLIGATIONS, INCLUDING CLAIMS PERTAINING TO ADA ACCESSIBILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10.7 LIMITATION OF LIABILITY (EXCLUSION OF DAMAGES)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZNF, ITS PARENT/AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE HELD LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE PRODUCTS OR SERVICES OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, STATUTORY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, DATA LOSS, OR SUBSTITUTE PRODUCTS/SERVICES), REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS ADVISED OR WHETHER A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITATION APPLIES TO ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

10.8 OVERALL LIABILITY CAP (AGGREGATE LIMIT)

TO THE EXTENT ANY LIABILITY IS NOT EFFECTIVELY DISCLAIMED, THE AGGREGATE LIABILITY OF ZNF AND ITS PARENT/AFFILIATES/SUPPLIERS/LICENSORS/SERVICE PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PRODUCTS OR SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO ZNF FOR THE PRODUCT(S) OR SERVICE(S) AT ISSUE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). THIS FOREGOING CAP REPRESENTS A CORE ALLOCATION OF RISK AND AN ESSENTIAL BASIS OF THE BARGAIN.

10.9 ENFORCEABILITY UNDER FLORIDA LAW; CONSPICUOUSNESS

THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION ARE INTENDED TO BE CLEAR, UNEQUIVOCAL, AND CONSPICUOUS AND SHALL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, INCLUDING THE U.C.C. (AS ADOPTED IN FLA. STAT. § 672.316) AND FLORIDA CASE LAW UPHOLDING EXCULPATORY CLAUSES THAT ARE CLEAR AND UNAMBIGUOUS.

10.10 JURISDICTIONAL CARVE-OUTS

CERTAIN STATES OR JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF SPECIFIC IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF PARTICULAR DAMAGES. WHERE SUCH LAWS ARE APPLICABLE, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL BE APPLIED SOLELY TO THE FULLEST EXTENT ALLOWABLE BY LAW. THEREFORE, SOME PROVISIONS MAY NOT BE APPLICABLE TO YOU.

10.11 EXCLUSIVE REMEDY; FAILURE OF ESSENTIAL PURPOSE

NOTWITHSTANDING THE FOREGOING, SHOULD A COURT OR ARBITRATOR DETERMINE THAT YOU ARE ENTITLED TO ANY REMEDY, YOUR SOLE AND EXCLUSIVE REMEDY (SUBJECT TO THE ABOVE CAP) SHALL BE, AT ZNF’S OPTION, EITHER (A) THE REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT, OR (B) A REFUND OR CREDIT OF THE AMOUNTS YOU PAID FOR THE AFFECTED PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.12 THIRD-PARTY SERVICES, LINKS, CARRIERS, AND MARKETPLACES

ZNF HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY WEBSITES, MARKETPLACES, SERVICES, AGENTIC STOREFRONTS, PLATFORMS, CARRIERS, PAYMENT PROCESSORS, OR CONTENT, EVEN IF ACCESSED VIA LINKS ON OR FROM THE SERVICES OR IF BEARING OUR BRANDING, AND ASSUMES NO OBLIGATION TO MONITOR OR POLICE SUCH THIRD-PARTY ENTITIES.

10.13 FORCE MAJEURE

ZNF SHALL NOT BE HELD LIABLE FOR ANY DELAY IN PERFORMANCE OR FAILURE TO PERFORM DUE TO EVENTS BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, EXTREME WEATHER, NATURAL DISASTERS, EPIDEMICS/PANDEMICS, WAR, TERRORISM, LABOR DISPUTES, EMBARGOS, GOVERNMENTAL ORDERS, POWER/INTERNET/CARRIER FAILURES, OR OTHER FORCE-MAJEURE EVENTS.

10.14 RELATION TO DISPUTE RESOLUTION; SURVIVAL

ALL CLAIMS ARE MANDATORILY SUBJECT TO BINDING ARBITRATION PURSUANT TO SECTION 16 (DISPUTE RESOLUTION; BINDING ARBITRATION; WAIVER OF CLASS ACTION RIGHTS). THE DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND CAPS SET FORTH IN THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE PRODUCTS AND SERVICES.

11. INDEMNIFICATION AND DEFENSE

The undersigned hereby agrees to indemnify, defend, and hold harmless Z Natural Foods, including its subsidiaries, affiliates, officers, directors, employees, agents, and service providers, from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees and legal costs, arising from or in any way related to:

• The undersigned's utilization of the Site, Products, or Services;

• Any breach or violation of this Agreement by the undersigned, or

• Any infringement or misappropriation of any intellectual property or other rights of any third party perpetrated by the undersigned.

This indemnification obligation shall survive the termination or expiration of this Agreement.

By accessing or using the Z Natural Foods website, Services, or any associated communication channels, the user acknowledges having read, understood, and unconditionally accepted all terms and conditions set forth herein. Should the user not agree to be bound by these Terms, the user is expressly prohibited from accessing or using the Site and its Services.

12. DISCLAIMERS, REPRESENTATIONS, WARRANTIES, AND LIMITATION OF LIABILITY

Note: This Section 12 provides additional disclosures and is intended to be read together with §10 (Comprehensive Limitation of Liability and Disclaimer of Warranties). If there is a direct conflict, §10 controls to the maximum extent permitted by law.

12.1 Comprehensive Product Warranty Disclaimers and Limitations on Liability

Z Natural Foods (ZNF) operates with a fundamental principle of expressly disclaiming all warranties and liability associated with its products, except for those specific guarantees or terms that are unequivocally and explicitly set forth within this overarching Agreement or within any other formal, referenced policy published on the ZNF website.

This comprehensive and unambiguous disclaimer is designed to be as broad as permissible by law and specifically includes, but is not limited to, the exclusion of all implied warranties. These implied warranties are understood to encompass the implied warranty of merchantability (meaning the products are fit for the ordinary purposes for which such goods are used), the implied warranty of non-infringement (meaning the use of the products does not violate the intellectual property rights of a third party), and the implied warranty of fitness for a particular purpose (meaning the products are suitable for a specific use known to the seller). This disclaimer applies universally to all content, products, and services that ZNF offers, sells, or provides access to.

Crucially, under no legal theory or set of circumstances whatsoever shall ZNF be held liable or incur responsibility for any form of damages, including but not limited to:

• Direct Damages: Actual, quantifiable losses that arise immediately and naturally from the cause.

• Indirect Damages: Secondary losses that do not flow directly from the act but result from the consequences of the act.

• Incidental Damages: Costs incurred in dealing with the aftermath of a breach (e.g., inspection, transportation).

• Special Damages: Damages that are unique to the circumstances of the parties involved.

• Consequential Damages: Losses such as lost profits, injury to reputation, or loss of use that arise as a consequence of the utilization or, conversely, the inability to utilize any product, service, or content offered by ZNF.

• Punitive Damages: Damages awarded to punish ZNF for gross negligence or willful misconduct.

This limitation of liability remains in full force and effect even if ZNF has been previously formally advised or otherwise apprised of the genuine potential for such damages to occur.

12.2 Affirmative Representations and Warranties Made by You, the User.

By proceeding with the utilization of the ZNF Site, Products, or Services, you, the user, actively and affirmatively represent and warrant the following:

1. Legal Authority and Capacity: You possess the full, necessary legal authority and mental capacity to legally assent to and be formally bound by all the stipulations, terms, and conditions articulated in this comprehensive Agreement.

2. Parental/Guardian Consent (for Minors): If you are a minor, defined herein as being under the age of eighteen (18) years, you affirm and warrant that a parent or qualified legal guardian has actively and fully reviewed these Terms of Use and has provided their explicit consent to be bound by these Terms on your behalf.

3. Accuracy of Information: You warrant that all personal, financial, and other information you furnish to ZNF, through any medium, is demonstrably accurate, entirely current, and complete as of the time of submission.

4. Rights to Fulfill Obligations: You warrant that you either own or possess all sufficient legal rights, licenses, and permissions necessary to fulfill all of your obligations as detailed within this Agreement.

5. Lawful Use: You expressly affirm and warrant that your individual use of the ZNF website, as well as its Products and Services, is and will remain in full compliance with the law in every jurisdiction from which you access or utilize the Site.

12.3 Explicit Disclaimer of Warranties Regarding Site Performance and Products

1. You hereby acknowledge and explicitly accept that any and all reliance you place upon ZNF’s Services, the associated content, and the products offered is undertaken entirely at your own solitary risk.

2. The Products and Services are provided by ZNF on a strict "as is" and "as available" basis. This fundamental nature dictates that they are offered without any warranties of any kind whatsoever, whether these warranties are express (stated) or implied (arising by law).

3. ZNF hereby expressly and unequivocally disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as previously detailed.

ZNF offers no guarantee and makes no warranty that:

• The Products and Services will specifically satisfy your unique requirements or expectations.

• The operation of the Site or Services will be uninterrupted, continuous, timely, secure, and free from errors or defects.

• The outcomes or results derived from the utilization of the Products and Services will be effective, entirely accurate, or absolutely dependable.

• Any defects or errors in the Site or Services will be corrected.

Furthermore, ZNF extends no warranty concerning:

• The quality, absolute accuracy, timeliness, practical usefulness, completeness, or overall reliability of any materials, articles, or information presented on ZNF sites or within its products.

• That its websites, servers, or email communications are entirely devoid of computer viruses, malware, or other potentially harmful or deleterious components.

A note on guidance and instructions: Any instructions, guidance, recipes, or advice provided by ZNF are offered strictly for informational purposes and are presented without any assurance, guarantee, or warranty of successful or satisfactory results.12.4 Enforceability and Scope of Third-Party Indemnification Rights

The specific indemnification provisions (the promise to compensate for loss or damage) that are clearly articulated and defined within the body of this Agreement are not limited in application solely to ZNF itself. These protections are explicitly extended to and may be formally enforced by ZNF's entire organizational structure, including its officers, directors, employees, agents, licensors, suppliers, and any associated third-party information providers. Each such enumerated entity or individual is granted the clear right to assert these indemnification rights directly against you in the event of a breach of your warranties or obligations under this Agreement.12.5 Severe Limitation of Liability and Health Information Disclaimer

ZNF hereby explicitly and comprehensively disclaims any and all warranties and liability concerning information that is disseminated through its official website or via any form of communication medium, which includes, but is not limited to, email correspondence, online chat services, telephone communications, and social media platforms. This disclaimer is particularly relevant to all information related to health and nutrition supplements, ingredients, and usage.

The information furnished by ZNF is strictly intended for educational and informational purposes only. It is provided with the explicit understanding that it must be considered in consultation with qualified, licensed healthcare professionals and shall under no circumstances be construed, interpreted, or relied upon as constituting medical advice, diagnosis, or treatment recommendations.

ZNF offers no assurances or guarantees whatsoever regarding the efficacy, safety profile, nutritional potency, or general suitability of any products offered for sale.

Crucial Regulatory Notice: You acknowledge that these products offered by ZNF have not been evaluated or approved by the U.S. Food and Drug Administration (FDA) or the United States Department of Agriculture (USDA) and are therefore not intended to diagnose, treat, cure, or prevent any specific disease, ailment, or medical condition.

Under no legal circumstances shall ZNF be held liable or responsible for any form of damages arising directly or indirectly from your utilization of the Site, the Products, the Services, the content, or any information furnished by ZNF. This broad limitation encompasses, without limitation, economic losses such as lost profits, business interruption, expenditures for medical care or treatment, or accrued legal costs, regardless of the precise legal theory upon which any claim is predicated (e.g., claim based on breach of warranty, contract law, tort law, or strict liability), and this limitation remains effective even if ZNF has been previously advised or notified of the potential for such damages to occur.

12.6 Medical Disclaimer and Health Information Guidance

12.6.1 General Information Disclaimer

The content disseminated on the Z Natural Foods website is provided strictly for general informational purposes and shall not be construed as professional medical advice, diagnosis, or treatment. ZNF explicitly disclaims all representations and warranties concerning the efficacy, safety, potency, or suitability of any specific nutrient or product for any individual or circumstance. The applicability of such information may vary, and it must never be used as a substitute for professional medical consultation. For comprehensive details, please refer to our Legal Notice Disclaimer.

12.6.2 Consultation Requirement

Individuals are strongly advised to consult with a qualified healthcare professional prior to initiating any dietary, nutritional, herbal, or homeopathic supplement regimen, or before commencing any new diet, exercise, or supplementation program. This recommendation is particularly crucial for individuals under the age of 18, those who are pregnant or nursing, or those with preexisting health conditions. Your healthcare provider is best positioned to determine the appropriateness of any regimen for your specific needs.

12.6.3 Caution Against Disregarding Professional Advice

Under no circumstances should you disregard or postpone seeking professional medical advice based upon information presented on the ZNF website or through communication with ZNF. Should you have a medical concern or suspect one, immediate consultation with your healthcare provider is imperative. ZNF does not endorse or validate any specific tests, studies, physicians, products, procedures, or opinions that may be referenced on the Site; all such utilization is undertaken solely at your own risk.

12.6.4 FDA Disclaimer and Product Information

All information, products, descriptions, claims, reviews, and testimonials contained within this Site have not been evaluated by ZNF or the U.S. Food and Drug Administration (FDA) and are furnished exclusively for informational purposes. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Professional consultation with a healthcare practitioner is always required before using any product or initiating any dietary, exercise, or supplementation program.

12.6.5 Safety and Well-Being Emphasis

Z Natural Foods places paramount importance on your safety and well-being. We recommend consulting a qualified professional for any health concerns that persist for more than 2 weeks. Please ensure your healthcare provider is informed of any supplemental nutrition being used, and refrain from discontinuing any prescribed medication without your physician's prior consultation and approval. Individual results may differ, and any assertions of guaranteed health improvements should be considered with appropriate circumspection. The information provided is intended to support, not supplant, the professional relationship established between you and your healthcare providers.

13. PRODUCT TERMS AND CONDITIONS, PAYMENT TERMS, AND PROMOTIONS

13.1 Product Terms and Conditions

(a) Product Information; Updates; No Reliance:

Z Natural Foods (ZNF) regularly reviews and updates product information and related policies, including our Foods Policy and any product-specific disclosures. Despite reasonable efforts to maintain accuracy, the Site, Services, and any related communications may contain typographical errors, technical inaccuracies, omissions, outdated information, or other mistakes, including regarding product descriptions, photographs, labeling, allergen statements, ingredient lists, origin, specifications, nutrition facts, nutritional potency, certifications, test results, availability, promotions, or claims. You agree that you will not rely on any such information as a guarantee, and you assume all responsibility for verifying suitability before purchase and use. ZNF reserves the right (without notice) to correct any errors, update information, change content, and modify or discontinue products, prices, promotions, offers, and Services at any time.

(b) Product Availability; Pricing; Errors & Corrections (Including Reference Prices):

All products are offered subject to availability. ZNF reserves the right to refuse, cancel, limit, or modify any order (including after submission) if any error, inaccuracy, or omission is identified relating to product quantity, price, discount, promotion, coupon, tax, shipping charge, description, labeling, eligibility, inventory, or other information, or if ZNF determines (in its sole discretion) that fulfillment would be impractical, unlawful, commercially unreasonable, or inconsistent with fraud-prevention or compliance controls. If an order is canceled after your payment method has been charged, ZNF will issue a credit or refund for the charged amount (subject to payment processor and financial institution processing times). Products may display “reference prices” or comparative pricing for informational purposes; such references do not guarantee prevailing market prices, former prices, list prices, or regular prices.

To provide additional clarity and protection, the following terms apply:

1. Availability; No Obligation to Fulfill Until Acceptance

Submission of an order constitutes an offer to purchase; ZNF's acceptance is effectuated solely upon the dispatch of the product or via express written approval. An authorization hold, display during the cart/checkout process, or an order-confirmation email does not constitute acceptance. ZNF reserves the right to decline or cancel any order prior to approval, including due to pricing discrepancies, unavailability, or information errors. Should cancellation occur after your payment method is charged, a credit will be issued for the amount charged; your issuer/card network governs the posting timeframe.

2. Pricing Components; Changes; Dynamic Pricing

Prices, promotions, discounts, fees, taxes, shipping/handling, and surcharges are subject to change at any time before acceptance and without prior notice. We do not honor price matches for historical prices, third-party prices, or prices presented in cached or screenshot formats.

3. Misprints, System/Algorithm Errors, and “Obvious” Errors

Notwithstanding our diligent efforts, a limited number of product listings may contain inaccuracies in pricing or include typographical, rounding, currency conversion, data feed, or promotional stacking errors. Should the correct price exceed the displayed price, ZNF reserves the right (at its sole discretion) to either (i) contact the purchaser for instructions prior to shipment, (ii) cancel the order and provide notification, or (iii) propose an alternative. Conversely, if the correct price is lower, we may elect to charge the lower price or cancel and reissue options. Prior to acceptance, we reserve the right to cancel any order where the price is clearly erroneous.

4. Reference (“Compare-At”) Prices and Strikethroughs

Any reference price, such as “compare-at,” “reference,” “list,” “MSRP,” “was,” or “manufacturer’s suggested,” is provided strictly for comparison. These values may be derived from brand/supplier data or ZNF’s historical pricing and may not reflect prevailing market prices across all trade areas at all times. ZNF is committed to presenting accurate and non-misleading reference prices, in full compliance with applicable legislation, including the FTC Guides Against Deceptive Pricing.

5. Coupons, Promo Codes, and Stacking

Promotional offers, which encompass, but are not limited to, coupons, promotional codes, subscription or bulk price reductions, and temporary promotions, are subject to modification or complete withdrawal without prior notification. The eligibility for these offers may be restricted by conditions related to Stock Keeping Unit (SKU), purchase volume, account standing, sales channel, geographic area, or restrictions on combining discounts. Should a price reduction be applied in error or in contravention of the explicitly stated terms and conditions of the offer, ZNF retains the prerogative to rescind, adjust, or annul the pertinent order(s) prior to the finalization of acceptance.

6. Marketplace, Syndication, and Caching Variance

Prices listed on third-party websites, shopping engines, cached pages, or in screenshots may be outdated or inaccurate; therefore, only the prices displayed on ZNF at the time of order acceptance shall be deemed valid.

7. Contract-Formation Clarification

Product pages and the cart/checkout displays constitute invitations to make an offer; a contract is not formed until ZNF provides its acceptance (e.g., through a shipment notice or explicit confirmation). We reserve the right to reject or cancel offers that cannot be fulfilled or were based on pricing or information errors discovered prior to acceptance (see also Sections 13.2(c)–(d)).

8. Compliance With Deceptive-Pricing And UDAP Laws (Florida And Federal)

This Section does not authorize deceptive or unfair pricing practices. ZNF strives to comply with the Federal Trade Commission's Guides Against Deceptive Pricing and the Florida Deceptive and Unfair Trade Practices Act (FDUTPA); this clause is intended to clarify the process of contract formation and ZNF's right to correct inadvertent errors while maintaining compliance with applicable law.

9. Limitation Of Liability For Pricing/Information Errors

To the fullest extent permissible by applicable law, ZNF disclaims liability for any indirect, incidental, special, consequential, or punitive damages stemming from inaccuracies in pricing or information; your exclusive recourse for an order cancellation resulting from such an error prior to acceptance is a refund or credit of payments rendered for the impacted order (refer to Section 10 – Limitation of Liability and Section 16 – Arbitration).

10. Subscriptions & Auto-Ship Pricing (Promotions, Renewals, and Changes)

(i) Scope and Distinction from One-Time Purchases. Purchases, Subscriptions & Pre-Orders Policy and auto-ship enrollments, encompassing any plans that incorporate a negative-option or auto-renewal mechanism, constitute transactions separate and distinct from singular product purchases. Initial enrollment reflects an estimated price for the first shipment; subsequent renewals shall be invoiced at the then-current subscription price for the respective item, plus any applicable taxes, shipping and handling charges, and associated fees, all of which are calculated at the time each renewal is processed, unless an explicit stipulation dictates otherwise.

(ii) Introductory and Promotional Rates Limited to Initial Shipment (Unless Otherwise Specified). Any discount designated as introductory, promotional, or "first-box only" shall apply exclusively to the initial shipment unless the specific offer explicitly provides for its continuance. Renewal shipments will not automatically incorporate coupon codes or promotional offers applied to the first shipment, unless an express statement to that effect is included in the terms of the specific offer. Discounts applied to subscription orders that are deemed erroneous or ineligible may be reversed or canceled prior to acceptance.

(iii) Coupon Usage and Stacking on Subscriptions.

(iv) Price Adjustments for Renewals; Advance Notification and Right to Cancel. ZNF reserves the right to modify subscription pricing (e.g., due to fluctuations in supplier costs, changes in ingredient/commodity markets, packaging expenses, carrier surcharges, or general market conditions). Prior to the effective date of any price increase, we shall furnish advance notification via your selected contact method and/or within your account dashboard, affording sufficient time for cancellation before the next renewal is processed. Your continued subscription following the effective date constitutes acceptance of the revised price; should you disagree, cancellation must be executed before the subsequent billing or ship date. This procedure aligns with the notification and consent principles of ROSCA/ARL and with card network transparency expectations.

(v) Trials and Complimentary/Introductory Offers Converting to Paid Subscriptions.

(vi) Compliance Statement (ROSCA, State ARLs, and Evolving FTC Regulations). ZNF is committed to compliance with the Restore Online Shoppers' Confidence Act (ROSCA) and applicable state Automatic Renewal Laws (ARLs), such as California Business and Professions Code § 17600 et seq. This commitment includes providing clear material terms, obtaining express informed consent, and establishing simple, timely cancellation mechanisms. Portions of the Federal Trade Commission’s negative-option rule remain subject to change; to the extent such requirements become applicable and enforceable, ZNF shall adhere to all final stipulations.

(vii) Payment Method, Authorization Holds, and Transaction Failures. For each renewal transaction, you authorize ZNF to first place an authorization hold on the payment method and subsequently capture the charge upon acceptance and dispatch of the order. Should a payment fail (due to an expired card, insufficient funds, or an issuer decline), ZNF may attempt to reprocess the payment, request a new payment method, temporarily suspend or cancel the subscription, or adjust the scheduled ship date. (The time required for refunds or credits to post is dependent upon your issuing institution or card network.)

(viii) Out-of-Stock Items, Discontinuation, and Substitutions. If an item included in your subscription is temporarily out of stock or has been discontinued, ZNF may elect to bypass that item, cancel the renewal specifically for that item, or, with your express consent, substitute a comparable item at the then-current subscription price. ZNF will notify you should a material change impact your order, affording you the opportunity to review or cancel the subscription.

(ix) Contract Formation and Acceptance for Renewals. Each renewal request constitutes your offer to purchase the subscribed item(s) at the then-current subscription price; acceptance is finalized only upon dispatch of the item (s) or through explicit written confirmation. ZNF retains the right to decline or cancel a renewal prior to acceptance, including in cases involving pricing or information errors. Should cancellation occur after a charge has been posted, ZNF shall credit the charged amount. The posting time is dependent on your issuing institution or card network.

(x) Mispricing Safeguard for Subscriptions.

(xi) Authorized Distributor and Warranty Policy. To preserve product quality and guarantee reliability, ZNF maintains a meticulously managed network of authorized dealers. Product warranties shall be honored exclusively for items procured directly from ZNF or an authorized ZNF dealer and require presentation of valid receipts or proof of purchase. Products acquired from unauthorized dealers, or those where the original product label has been removed or visibly altered, shall void any and all applicable warranties. Customers are strongly advised to verify the authenticity of dealers to ensure both product quality and the validity of their warranty.

(c) Subscriptions & Auto-Ship Pricing (Promotions, Renewals, and Changes):

If you enroll in any subscription, auto-ship, or recurring delivery program (see our Purchases, Subscriptions & Pre-Orders Policy for full terms), you acknowledge and agree that: (i) promotional pricing, coupons, credits, or discounts may apply only to the first shipment or only to qualifying cycles, items, accounts, minimums, or time periods; (ii) subscription pricing may differ from one-time purchase pricing; (iii) subscription prices, shipping charges, taxes, and other amounts may change due to cost changes, supply constraints, vendor pricing, product reformulation, compliance requirements, or other business reasons; (iv) certain coupons or discounts may be ineligible for subscriptions or may not apply to each renewal; and (v) your renewal constitutes authorization to charge the then-current subscription price and applicable fees unless you cancel in accordance with the Purchases, Subscriptions & Pre-Orders Policy. ZNF may modify, pause, substitute, or discontinue subscription items, intervals, promotions, or benefits as permitted by law and the Purchases, Subscriptions & Pre-Orders Policy.

(d) Authorized Distribution; Warranty Limitations; Warranty Voidance.

ZNF maintains a network of authorized dealers to help ensure product integrity. Any warranties, guarantees, or satisfaction assurances, if offered, apply only to items purchased directly from ZNF or an authorized ZNF dealer and require valid proof of purchase. Any warranty or satisfaction assurance is void if the product was purchased from an unauthorized seller, diverted channel, marketplace listing not authorized by ZNF, or if the original label/packaging has been removed, altered, relabeled, repackaged, or tampered with, including removal or alteration of batch/lot codes, UPCs, SKUs, tamper seals, or other identifiers. ZNF may require returns, photographs, declarations, or other verification before providing any remedy.

(e) Food Safety; Handling; Storage; Allergen/Cross-Contact Notice; Natural Variation.

You are responsible for proper handling, storage, preparation, and use of products after delivery, including maintaining conditions appropriate to the item (e.g., cool, dry, sealed, protected from heat, humidity, pests, odors, and contamination). Natural variation in color, aroma, taste, texture, flowability, clumping, particle size, and other attributes may occur between lots and does not necessarily indicate a defect. Where applicable, allergen statements are provided for convenience and may not capture all forms of cross-contact risk; you are responsible for reviewing labels and making your own suitability determination, particularly if you have allergies or sensitivities.

(f) PRODUCT QUALITY, DEFECTS, CONTAMINATION, FOREIGN MATERIAL, MISLABELING, OR WRONG-PRODUCT CLAIMS (MANDATORY PROCESS; LIMITED REMEDIES):

ZNF takes product quality seriously, but you acknowledge that consistent with the nature of agricultural and food supply chains products may be subject to risks including, without limitation, foreign material, packaging defects, sealing issues, transit damage, infestation, spoilage, rancidity, oxidation, moisture intrusion, off-odors, clumping, microbial contamination, cross-contact, chemical residues, heavy metals, or mispicks/mislabeled shipments. To the fullest extent permitted by law:

1. Immediate Inspection; Stop-Use Requirement. You must inspect products promptly upon delivery and immediately stop using/consuming any product you believe is defective, contaminated, tampered with, mislabeled, or incorrect.

2. Preservation of Evidence. You must retain the product, original packaging, labels, and all identifiers (including lot/batch codes) and, upon request, provide photographs, written descriptions, and reasonable cooperation to allow ZNF to investigate, trace, or remediate.

3. Notice Deadline. You must notify ZNF within 30 days of delivery (or sooner if required by the Cancelations, Returns, Refunds & Title Policy) of any alleged defect, contamination, foreign material, labeling mismatch, or wrong-product issue. Failure to provide timely notice, preserve evidence, or reasonably cooperate may void any remedy.

4. Exclusive Remedies. Your sole and exclusive remedy for any verified product defect, contamination, foreign material, mislabeling, or wrong-product shipment is, at ZNF’s sole discretion and subject to applicable law: (i) replacement of the product, (ii) store credit, or (iii) refund of the purchase price actually paid for the affected item (excluding, to the maximum extent permitted by law, any incidental or consequential damages).

5. No Liability for Downstream Handling/Use. ZNF is not responsible for product degradation or contamination arising from improper storage, mishandling, repackaging, relabeling, commingling, preparation, use contrary to instructions, or exposure to heat, humidity, pests, or unsanitary conditions after delivery.

6. Medical Events; No Medical Advice. If you believe you have experienced an adverse reaction or illness, seek medical attention immediately. Product information is not medical advice and is governed by the Legal Notice Disclaimer.

7. Recalls/Corrective Actions. ZNF may conduct recalls, safety notices, substitutions, refunds, credits, or corrective actions as it deems appropriate, and you agree to comply with reasonable recall instructions.

8. Dispute Path. Any dispute regarding alleged defects, contamination, foreign material, mislabeling, wrong-product shipment, injury claims, or related theories must be resolved under § 16 (DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS WAIVER) to the fullest extent permitted by law.

(g) Limitation of Damages for Product Claims: The limitations of liability, disclaimers of warranties, and damages caps in §10 apply to all product-related claims and disputes (including alleged defect, contamination, foreign material, mislabeling, wrong-item shipment, adverse reaction, and related theories) to the maximum extent permitted by law.

(h) Returns and Shipping - Policy Controls:

Returns, refunds, RMAs, restocking, and related logistics are governed by ZNF’s Cancelations, Returns, Refunds & Title Policy and Shipping & Delivery Policy (each as posted on our Legal page and incorporated by reference). If there is a conflict between this §13 and those policies regarding operational procedures (e.g., timing, RMA process), the topic-specific policy governs, while the dispute-resolution and limitation-of-liability provisions of this Agreement remain fully applicable.

(i) Marketplace/Third-Party Sales; No Responsibility for Unauthorized Listings:

If you purchase from outside the United States, you are the importer of record unless ZNF expressly agrees otherwise in writing. You are solely responsible for all import requirements, permits, registrations, labeling/local-language rules, VAT/GST, customs duties, brokerage fees, taxes, compliance filings, and any restrictions applicable to your jurisdiction. ZNF may refuse, cancel, hold, or geoblock transactions where shipment, customs clearance, payment processing, export/import compliance, sanctions risk, or operational feasibility is uncertain or commercially unreasonable, and any timeframes are estimates only.

Export controls and sanctions. You represent and warrant that (i) you are not located in, ordinarily resident in, or ordering for delivery to any jurisdiction subject to comprehensive U.S. embargoes or other prohibitions, and (ii) you are not a person or entity, and are not acting on behalf of a person or entity, that is restricted or listed by the U.S. government (including under OFAC or BIS restricted-party lists). ZNF may screen orders, payments, names, addresses, IPs, and counterparties against sanctions and export-control lists; may request additional information; and may cancel or block any transaction at any time to comply with U.S. law or risk controls. If an order is rejected or canceled for sanctions/export reasons, ZNF’s liability is limited to refunding amounts actually received for the canceled order, subject to processor/bank timelines. You agree to indemnify and defend ZNF against any losses, penalties, fees, investigations, seizures, forfeitures, or claims arising from your breach of this subsection or your import/export noncompliance.

(j) Global Sales; Import/Local Compliance Responsibility:

If you purchase from outside the United States, you are responsible for compliance with all local laws, import rules, labeling requirements, customs duties, taxes, and restrictions applicable to your jurisdiction. ZNF may refuse or cancel orders where shipment or compliance is uncertain or commercially unreasonable.

13.2 Terms of Payment and Account Responsibilities

(a) Purchasing Terms:

All e-commerce transactions facilitated by ZNF, or its authorized service provider, are subject to the stipulations of this Agreement. ZNF expressly disclaims responsibility for goods or services procured via external websites or pages, including those linked from our Site. Issues concerning a product must be reported for support within a period of thirty (30) days from the date of receipt. The sole and exclusive remedy for product issues, and the maximum liability of ZNF, shall be strictly limited to the amount paid by you for the product.

(b) Acknowledgment of Payment Terms:

You hereby acknowledge that ZNF reserves the right to levy charges for its services and may modify its fee structure at its sole discretion. Should your account or membership be terminated due to a material breach of this Agreement, no refund of prepaid fees or payments shall be issued. By purchasing or utilizing ZNF credits or submitting direct payments, you formally assent to adhere to the applicable payment terms.

(c) Payment Procedures:

Payment is mandatory prior to acceptance or shipment, unless an alternative arrangement has been formally agreed upon in writing by an authorized representative of ZNF. Acceptable payment methods encompass credit card, money order, wire transfer, or other prearranged methods, all of which are subject to requisite credit approval. ZNF reserves the prerogative to invoice certain items within a single order separately. Price quotations shall remain valid for the specified duration, and orders shall become legally binding only upon ZNF’s formal, written acceptance.

(d) Order Acceptance and Limitations:

The mere issuance of an order confirmation shall not constitute acceptance or a binding offer to sell. ZNF reserves the exclusive prerogative to accept or decline any order up to the point of delivery. ZNF may impose quantity limitations and shall provide the requisite notification should such limits be applied to your order. Orders exceeding the value of $500.00 necessitate pre-approval pursuant to our established credit and fraud-prevention policy. ZNF reserves the right to refuse, cancel, or mandate the return of products that fail to satisfy these stipulated conditions (or for any other legitimate reason), consistent with the stipulations set forth in § 16 (Arbitration).

(e) Taxes and Shipping Charges:

The purchaser shall bear sole responsibility for all taxes associated with the sale or use of our products. Taxes and shipping charges shall be itemized separately on the invoice. Absent the presentation of a valid tax-exemption certificate, the purchaser is liable for all applicable sales and other taxes, with the exception of ZNF’s franchise or net-income taxes. Depending upon product availability, items comprising a single order may be shipped in multiple packages.

ZNF uses commercially reasonable efforts to improve accessibility of ZNF-controlled digital content and customer-facing interactions over time. Where helpful, ZNF may use WCAG 2.2 Level AA as a benchmark for ZNF-controlled content, but nothing in this Agreement is intended as an admission that any specific accessibility standard applies in every circumstance or as a warranty of uninterrupted conformance. Please refer to our Accessibility Statement (incorporated by reference) for details and contact paths for assistance requests.

Subsequent to registration, the user shall select a password. The user is obligated to maintain the confidentiality of this password and is strictly prohibited from utilizing the credentials of another member or disclosing their own. The user must immediately furnish ZNF with notice of any unauthorized use or security breach. The user is solely and exclusively accountable for all activities conducted through their respective account.

(g) Accessibility Commitment:

ZNF is resolutely committed to accessibility and adheres to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA in the design and development of our products and digital services. ZNF conducts both internal and third-party audits employing assistive technologies (e.g., JAWS, NVDA, VoiceOver, TalkBack). Kindly refer to our Accessibility Statement for comprehensive details.

(h) Title and Risk of Loss:

Title to products (and any associated software) shall remain vested in ZNF or the applicable licensor(s). The risk of loss transfers from ZNF to the purchaser upon shipment from our facility. Should ZNF select the carrier, ZNF assumes responsibility for transit loss or damage; conversely, should the purchaser designate the carrier, the responsibility for transit loss or damage shall be exclusively borne by the purchaser.

13.3 Terms and Conditions for Promotions at Z Natural Foods

(a) Promotion Overview:

ZNF may offer various promotions, including, but not limited to, coupons, contests, sweepstakes, sales, auctions, discounts, and special offers (collectively, “Promotions”), which shall be accessible through our Site or affiliated community sites.

(b) Additional Terms for Promotions:

Each individual Promotion shall be governed by its own set of Additional Terms, which are hereby incorporated into this Agreement by reference. Participation in any Promotion signifies the participant's unconditional acceptance of such terms.

(c) Reservation of Rights:

ZNF reserves the unilateral right to modify, cancel, or otherwise amend any Promotion at any time and for any reason without prior notification. Furthermore, ZNF may, at its sole discretion, disqualify any participant or withdraw any offer.

(d) Eligibility:

Participation is restricted to individuals who possess the legal capacity to enter into binding contracts. Employees of ZNF and their immediate family members may be explicitly excluded. The specific eligibility criteria applicable to each Promotion shall be detailed within its respective terms.

(e) Promotion Period:

Each Promotion shall run for the duration specified in its Additional Terms. ZNF retains the right to modify this duration at its discretion.

(f) Participation and Entry:

Entrants must strictly adhere to the instructions set forth in the Promotion details. Incomplete entries, submitted late, or otherwise non-compliant with the requirements may be subject to disqualification.

(g) Prizes and Redemption:

The particulars of the prizes, including their nature, approximate value, and terms of redemption, shall be provided for each Promotion. Prizes are strictly non-transferable and must be accepted in the form awarded. The recipient shall be solely responsible for all applicable taxes and fees.

(h) Winner Selection and Notification:

Winners shall be selected in accordance with the method stipulated in the Promotion’s terms and notified accordingly. Any failure to timely respond, claim the prize, or comply with the requisite conditions may result in the forfeiture of the prize.

(i) General Conditions:

All participants are required to comply with all applicable laws and regulations. ZNF reserves the right to disqualify any participant found to be engaging in fraudulent or unfair practices.

(j) Limitation of Liability (Promotions):

ZNF shall not be held liable for any errors, omissions, interruptions, deletions, defects, delays, or failures in the execution or administration of the Promotions. ZNF reserves the right to cancel or modify Promotions as a result of unforeseen circumstances.

(k) Privacy for Promotions:

Participation constitutes an explicit agreement to the collection and utilization of personal information in accordance with ZNF’s established Privacy Policy and any supplementary Promotion-specific terms.

14. ENTIRE AGREEMENT; GOVERNING LANGUAGE; ASSIGNMENT; NOTICES

14.1 Entire Agreement Clause

This Agreement (including the ZNF Legal Policies incorporated herein by reference and posted on ZNF’s Legal page at https://www.znaturalfoods.com/pages/legal) constitutes the complete and exclusive agreement between you and ZNF concerning your access to and use of the Site, Products, and Services, and it supersedes all prior or contemporaneous agreements, communications, or proposals, whether written or oral, regarding the same subject matter. A printed version of this Agreement and any electronic notices shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business records. The parties expressly agree that the English-language version controls for interpretation and enforcement; any translations are provided for convenience only unless non-waivable law requires otherwise for a specific consumer transaction.

14.2 Governing Language; CISG Exclusion; Interpretation

English controls. The parties agree that the English-language version of this Agreement and the ZNF Legal Policies governs interpretation and enforcement, and any translation is for convenience only unless non-waivable law requires otherwise for a particular consumer transaction. CISG excluded. To the fullest extent permitted by law, the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. Governing law/venue. Substantive governing law, forum-selection, and venue are addressed in §8, and binding arbitration is addressed in §16; this §14 is not intended to create a conflict with those provisions. Assignment. ZNF may assign this Agreement and any related rights or obligations to affiliates or successors without notice; any assignment by you requires ZNF’s prior written consent to the fullest extent permitted by law.

15. MISCELLANEOUS PROVISIONS

15.1 Force Majeure

ZNF shall be excused from liability for any failure to perform or delay in the performance of any obligation under this Agreement that results from events beyond its reasonable control, including, but not limited to, acts of God, labor disputes, governmental regulations, war, terrorism, or any other unforeseen occurrences (collectively, "Force Majeure"). In such circumstances, the performance obligation shall be suspended for the duration of the Force Majeure event.

15.2 User Feedback and Submissions

Any feedback, suggestions, or other information provided by you concerning the Site, products, or Promotions shall become the exclusive property of ZNF. By tendering such information, you hereby grant ZNF a perpetual, worldwide, royalty-free license to utilize, reproduce, modify, distribute, and disclose said information without any concomitant obligation for compensation or attribution.

15.3 Third-Party Content and Links

The Site may incorporate links to external websites or display content originating from third-party sources. ZNF does not govern, endorse, or accept any responsibility for the veracity, dependability, or lawful nature of such third-party content or external websites. Your access to any third-party content is undertaken at your sole risk, and ZNF shall bear no liability for any detriment or loss arising from your engagement with such content.

15.4 Electronic Communications and Consent

By utilizing the Site and Services, you grant your consent to receive electronic communications from ZNF. Such communications, including all notices and supplementary information, shall be deemed to have been properly served if transmitted to the email address you have furnished, and these electronic communications shall possess the identical legal force and effect as written notifications.

15.5 Modifications to Product or Promotional Terms

ZNF retains the prerogative to amend, update, or discontinue any product specifications, pricing, promotions, or associated terms at any time. Any such amendments shall be posted on the Site and shall become effective immediately upon posting. It is incumbent upon you to review the applicable terms periodically.

16. DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION; CLASS-ACTION WAIVER; DELEGATION; PUBLIC-INJUNCTIVE RELIEF SAVINGS; REGULATORY CARVE-OUT; MASS-ARBITRATION PROTOCOL; SPECIAL NOTICE-AND-CURE FOR PROP 65 AND ADA; INTERNATIONAL PRIVACY CLAIMS; FEES; CONFIDENTIALITY; OPT-OUT; SURVIVAL

PLEASE READ CAREFULLY. THIS SECTION SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

This § 16 is intended to be interpreted to the maximum extent permitted by law, and except where prohibited, governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, and, where FAA does not apply, the laws of Florida.

16.1 Mandatory Pre-Arbitration Informal Resolution (90 Days); Required Notice

(a) Activation of 90-Day Resolution Period. Before either party may commence arbitration (or, where permitted by this § 16, litigation), the aggrieved party must send a written “Notice of Dispute” to legal@znaturalfoods.com and, if you are the consumer, by certified U.S. mail to:

Z Natural Foods, LLC

Attn: Legal Department

5407 N Haverhill Rd Unit 336

West Palm Beach, FL 33407

The Notice (personally signed, under penalty of perjury) must state:

1. “Notice of Dispute” in the subject line;

2. claimant’s name, phone, email, and physical address;

3. the date the claim first arose;

4. a detailed statement of facts and legal theories with supporting documents;

5. the specific relief sought and dollar computation;

6. proof of purchase or an account relationship with ZNF.

(b) Individualized Conference. Within 30 days of a valid Notice, the parties (and counsel, if any) shall participate in a live video or in-person conference. Each Notice may address only one account or transaction. Conferences are individual unless all parties agree otherwise.

(c) Good-Faith Requirement; Tolling; Enforcement. Statutes of limitations and filing deadlines are tolled for 90 days. Any court of competent jurisdiction may compel compliance or stay proceedings pending completion. Arbitration administrators shall refuse to accept filings that facially bypass this step (unless prohibited by law).

(d) Coordinated Notices / Potential Mass Filing. If twenty-five (25) or more substantially similar Notices of Dispute are received from the same or coordinated counsel, organization, or group of cooperating counsel, the parties agree that: (i) each Notice must remain individualized (one claimant, one account/transaction) and must satisfy §16.1(a); (ii) no arbitration demand shall be filed until the 90-day informal resolution process has been completed for that claimant (unless non-waivable law prohibits that prerequisite); and (iii) any subsequent arbitration demands that meet NAM’s definition of a Mass Filing will be administered under §§16.13–16.14 and §16.35, including any procedural-arbitrator process and fee administration under NAM’s Supplemental Rules for Mass Arbitration Filings. Any filing party that bypasses §16.1 may be required to bear resulting fees and costs to the maximum extent permitted by law and the administrator’s rules.

(e) Confidential Settlement Communications. All statements made during these 90 days are confidential settlement communications inadmissible under Fed. R. Evid. 408 and Fla. Stat. § 90.408.

16.2 Acknowledgment of Interstate Commerce and Governing Law

The Parties acknowledge that these Terms involve interstate commerce. Any arbitration conducted under these Terms of Use is governed by the FAA (9 U.S.C. §§ 1–16). All disputes, claims, or controversies arising after the effective date of these Terms, including those stemming from the TOU or your use of the Products and Services (“Dispute”) shall be resolved exclusively through binding arbitration, except as expressly provided in §16.21 (provisional remedies & IP/confidentiality) and §16.27 (government-led Prop 65 enforcement carve-out).

16.3 Initiation of Binding Arbitration

If a Dispute persists beyond the Initial Dispute Resolution Period and any subsequent discussion or negotiation, either party may initiate binding arbitration. Unless the matter qualifies as a “Mass Filing” (see §§16.13–16.14 and §16.35), arbitration shall be administered by National Arbitration and Mediation (“NAM”) under NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the claim is filed, together with any applicable NAM consumer-procedural fairness standards and fee schedules for consumer transactions. For Mass Filings, the arbitration shall be administered by NAM under its Supplemental Rules for Mass Arbitration Filings (as in effect when the Mass Filing is initiated) and the applicable NAM fee schedule for the case type. If NAM is unavailable for any reason, the arbitration shall be administered by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures; if JAMS is also unavailable, by AAA under its applicable rules. If any administrator’s rules conflict with this Arbitration Agreement, this Arbitration Agreement controls. Arbitrators must be duly licensed attorneys or retired judicial officers in the jurisdiction of the seat, with relevant experience in the governing substantive law.

16.4 Finality and Confidentiality of Arbitral Award

The arbitrator’s decision is final and binding and may be entered as a judgment in any court of competent jurisdiction. The Parties shall maintain strict confidentiality of the arbitration (including its existence, submissions, hearings, and award), except where disclosure is required by law or necessary to implement or enforce the award.

16.5 Arbitration Rights and Obligations

The Parties “Customer” (including Reseller, Wholesaler, Consumer, and/or Website Visitor) and “Z Natural Foods” (including its Service Providers as defined in the TOU), may require any Dispute of any kind (contract, tort, statute, equity) to be resolved exclusively through arbitration once the prerequisites herein are satisfied.

16.6 Commencing Arbitration

After the Initial Dispute Resolution Period ends, a party electing arbitration shall serve a written arbitration demand on the other party and the chosen administrator. Demands against ZNF must be addressed to Z Natural Foods, LLC, Attn: General Counsel, at the address above. By filing, the party and counsel certify that:

(i) the arbitration is commenced in good faith and not for harassment or undue delay; (ii) the claims are supported by existing law or a well-founded, non-frivolous argument for establishing or modifying existing legal principles; (iii) factual assertions are, or upon reasonable investigation will be, supported by credible evidence; and (iv) all conditions precedent have been satisfied. The arbitrator may decide dispositive motions (e.g., judgment on the pleadings, summary judgment).

Both parties agree to participate in the required procedures fully and to execute all documentation to effectuate the arbitration. The arbitrator may issue definitive rulings on dispositive motions, including judgment on the pleadings, summary judgment, or partial summary judgment.

16.7 Timeliness and Confidentiality of Proceedings

All participants (administrator, arbitrator(s), parties) shall endeavor to conclude the proceedings within 180 days from the claim’s initiation, where feasible. Confidentiality of all arbitral proceedings is paramount and must be maintained, except for disclosures mandated by law or necessary for routine business operations. The FAA governs; where inapplicable, Florida law applies.

16.8 Designation of Venue; Hearing Location; Language

For all residents (U.S. and non-U.S.), hearings are held in Palm Beach County, Florida. Claims ≤ $25,000 may be decided on documents unless the arbitrator requires a hearing. Parties may appear remotely unless the arbitrator orders otherwise. Proceedings are in English. Disputes not subject to arbitration (e.g., qualifying small-claims actions you elect to file in your local small-claims court) may be brought in state or federal courts in Palm Beach County, Florida, to which both parties consent and waive objections to venue or forum non conveniens.

16.9 Small Claims Court Alternative

Either party may elect to proceed in small-claims court where jurisdictional limits allow. If arbitration is initiated before an arbitrator is appointed, either party may elect small-claims by written notice to the other party and the administrator; the administrator may close the arbitration, and no filing fees shall be owed. Any dispute over small-claims suitability is decided by the small-claims court (or another court of competent jurisdiction), not the arbitrator.

16.10 Authority and Resolution of Arbitrator

The arbitrator shall issue a written, final, and binding decision. Upon request, the arbitrator will provide a reasoned award. The arbitrator must follow applicable law; any award may be entered in any court with jurisdiction.

16.11 Delegation of Arbitrability and Scope

The arbitrator has exclusive authority to determine the scope, validity, enforceability, and applicability of this arbitration agreement (including gateway questions of arbitrability) and may grant any legal or equitable relief available in court.

16.12 Cost and Fee Allocation

Allocation of attorneys’ fees, costs, and arbitration expenses is governed by applicable law and the administrator’s rules and fee schedules. For consumer disputes administered by NAM, you will not be required to pay more than the consumer filing fee specified in NAM’s consumer fee schedule (as in effect at the time you file), and ZNF will pay the remaining NAM administrative, case-management, hearing/scheduling, and arbitrator fees required by that schedule, unless non-waivable law provides otherwise. Each party typically bears its own attorneys’, experts’, and witness fees, unless a statute, rule, or the arbitrator’s authority permits fee-shifting. If a party’s claims, defenses, or procedures are unsubstantiated, vexatious, harassing, or frivolous, the opposing party may seek fee-shifting to the maximum extent permitted by applicable law and the administrator’s rules.

16.13 Configuration of Mass Arbitration with NAM

If twenty-five (25) or more similar Demands for Arbitration are filed against the same party or related parties and representation is consistent or coordinated across cases (a “Mass Filing”), the parties agree that NAM will administer the matters under NAM’s Supplemental Rules for Mass Arbitration Filings and the applicable NAM fee schedule. The twenty-five (25) or more Demands need not be filed simultaneously. NAM may determine whether a set of Demands constitutes a Mass Filing in its administrative discretion, and either party may request appointment of a Procedural Arbitrator under the NAM Supplemental Rules to address procedural disputes. Each Demand remains an individual arbitration; nothing in this Agreement authorizes class-wide, collective, consolidated, or representative arbitration.

16.14 Management and Efficiency in Mass Arbitration

The parties shall cooperate to ensure efficiency and cost-effectiveness, including: (1) appointing a Procedural Arbitrator with authority to sequence batching/bellwethers and process-streamlining proposals; and (2) adopting an expedited schedule.

16.15 Class and Collective Action Waiver

To the maximum extent permitted by law, you and ZNF agree to resolve all Disputes solely on an individual basis. YOU AND ZNF WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION (INCLUDING CLASS ARBITRATION). No consolidation of multiple individual claims is permitted without both parties’ express written consent. If any claim is asserted in a purported class, collective, consolidated, or representative capacity, the court or arbitrator (as applicable) shall dismiss or sever those portions and compel the parties to proceed on an individual basis to the maximum extent permitted by law. In addition, the prevailing party may seek recovery of fees and costs incurred to enforce this waiver to the extent permitted by applicable law and the administrator’s rules.

16.16 Jury Trial Waiver

By accepting the TOU, both parties waive the right to a jury trial. Either party may still pursue small-claims court where eligible. A party that refuses to arbitrate after a proper demand shall bear the other party’s costs/fees incurred to enforce this clause.

16.17 Prescriptive Period for Commencement of Actions

Any claim or cause of action arising from or related to the Products and Services or these Terms must be commenced within one (1) year of accrual, or it is permanently waived, applies equally in arbitration.

16.18 Severability; Anti-Consolidation

If any provision of §16 is found unenforceable, that provision is severed; the remainder remains in effect. The class/collective/representative waiver is material; if a final court finds that waiver unenforceable for a particular claim, that claim is stayed and proceeds in court while all other claims continue in individual arbitration.

16.19 Right to Opt-Out of Arbitration and Class-Action Waiver

You may opt out of §16 (including the class/representative-action waiver in §16.15) within 30 days of the later of (a) your first use of the Site/Services after the Effective Date or (b) any material change to §16. To opt out, you must (1) email legal@znaturalfoods.com and (2) send certified U.S. mail to the address in §16.1 with subject line “ARBITRATION OPT-OUT,” including: (i) your full legal name, (ii) mailing address, (iii) account/order email (and order number(s), if any), (iv) phone number, and (v) a clear statement that you are opting out of arbitration. An opt-out affects only §16; all other provisions of this Agreement remain in full force. If your opt-out is timely and valid, neither party may compel arbitration of Disputes covered by §16, and both parties consent to exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida, for such Disputes.

16.20 Scope and Survival

SCOPE. THIS AGREEMENT COVERS ALL DISPUTES BETWEEN YOU AND ZNF (INCLUDING PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) ARISING OUT OF OR RELATING TO THE SITE, PRODUCTS, SERVICES, CONTENT, COMMUNICATIONS (EMAIL, SMS, CHAT, PHONE, SOCIAL MEDIA), TRANSACTIONS, OR THIS TOU, REGARDLESS OF THEORY (CONTRACT, TORT, STATUTE, REGULATION, OR EQUITY), INCLUDING: BREACH OF EXPRESS/IMPLIED WARRANTY; UNFULFILLED CONTRACTUAL OBLIGATIONS; FRAUD/FRAUDULENT INDUCEMENT; MISTAKE; MISREPRESENTATION/OMISSIONS; UNFAIR OR DECEPTIVE ACTS/ PRACTICES; COMMUNICATIONS-BASED OR NOTICE-BASED THEORIES; PRIVACY/DATA-PROTECTION THEORIES; AND IP DISPUTES (PATENT, COPYRIGHT, TRADEMARK, TRADE-SECRET). THIS ALSO COVERS DISPUTES ARISING FROM AUTOMATED OR PROGRAMMATIC ACCESS (BOTS, CRAWLERS, SCRAPERS, AI/ML SYSTEMS, AGENTIC SYSTEMS) AND CROSS-BORDER USE BY NON-U.S. USERS.

Government/Institutional Buyers. If you are a Government/Institutional Buyer and non-waivable law prohibits binding arbitration or a class-action waiver in this Agreement, then the parties agree that (i) arbitration does not apply solely to the extent prohibited, and (ii) any permitted dispute must be brought exclusively in the state or federal courts located in Palm Beach County, Florida, and each party waives objections to venue and forum non conveniens to the maximum extent permitted by law, unless a separate signed agreement expressly provides otherwise.

SURVIVAL. THIS AGREEMENT SURVIVES ANY TERMINATION, EXPIRATION, ACCOUNT CLOSURE, ORDER FULFILLMENT/CANCELLATION, ASSIGNMENT, OR MODIFICATION OF THE TOU; APPLIES RETROACTIVELY/PROSPECTIVELY AS STATED; AND CONFIRMS NO CLASS/COLLECTIVE/REPRESENTATIVE PROCEEDINGS (SEE §16.15). DELEGATION: THRESHOLD ARBITRABILITY QUESTIONS GO TO THE ARBITRATOR (§16.11). THE FAA GOVERNS; WHERE NOT APPLICABLE, FLORIDA LAW APPLIES, CONSISTENT WITH §8 (GOVERNING LAW; VENUE).

16.21 Exceptions for Provisional Remedies & IP/Confidentiality

Either party may seek temporary or preliminary injunctive relief in court to preserve the status quo pending arbitration. Disputes seeking remedies for alleged intellectual-property infringement or misappropriation (patent, copyright, trademark, trade secret) may be filed in court, subject to §16.8.

16.22 Non-Waiver

No failure or delay by ZNF in exercising any right/remedy is a waiver, nor does a partial exercise preclude further exercise.

16.23 Limited Discovery

Discovery is limited to what is reasonably necessary and conducted in accordance with the administrator’s rules to prevent undue burden/expense.

16.24 Interim Relief

Either party may seek temporary, preliminary, or injunctive relief from a court to maintain the status quo or protect rights pending arbitration.

16.25 Survival of Arbitration Provisions

All provisions in §16 survive termination/modification/expiration of your use of the PRODUCTS or Services or this Agreement and remain enforceable for any pre-termination claims.

16.26 Application to Accessibility (ADA/Unruh/State Equivalents)

To the fullest extent permitted by law, all disputes concerning digital/physical accessibility of our websites, mobile apps, digital content, communications, or point-of-sale interfaces, including Title III ADA, Unruh Civil Rights Act, New York Human Rights Law, or similar statutes, shall be resolved exclusively by individual arbitration under §16. Nothing limits ZNF’s voluntary accessibility-improvement programs or remediation undertakings. See the Accessibility Statement (incorporated by reference).

16.27 Application to California Proposition 65 (Prop 65)

Except for enforcement actions brought directly by governmental authorities or authorized private enforcers under Cal. Health & Safety Code § 25249.7 (which are not “Disputes” between you and ZNF), any dispute between you and ZNF relating to Proposition 65 disclosures, warnings, labeling, or online notices, including adequacy of warnings or reliance/misrepresentation theories, shall be resolved exclusively by individual arbitration under §16. See the California Proposition 65 Notice & Disclaimer (incorporated by reference).

16.28 Application to GDPR/International Privacy Disputes and CCPA/CPRA

(a) Individual monetary claims. To the extent permitted by applicable law, individual disputes between you and ZNF seeking monetary relief related to personal-data processing (including compensation claims under GDPR Art. 82, UK-GDPR/UK-DPA 2018, or comparable laws, and California CCPA/CPRA private claims where permitted) shall be arbitrated on an individual basis under §16.

(b) Regulatory complaints preserved. Nothing limits your right to file a complaint with a data-protection authority or seek non-monetary regulatory relief (e.g., under GDPR Arts. 77–79). Any private claim for damages, fees, or individual injunctive relief between you and ZNF remains subject to this arbitration agreement. See our Privacy Policy (incorporated by reference).

16.29 Regulatory Cooperation; No Backdoor to Court

This Agreement does not prevent either party from (i) cooperating with or responding to subpoenas, CIDs, or lawful regulator requests; or (ii) seeking interim judicial relief under §16.24. Any remaining private disputes between you and ZNF remain subject to individual arbitration and may not be repurposed as class, collective, representative, or private-attorney-general claims.

16.30 FAA Preemption; Class-Waiver Confirmation

This Agreement is governed by the FAA, which preempts state rules conditioning enforcement on class/collective procedures. Class, collective, and representative proceedings (including class arbitration) are waived as set forth in §16.15.

16.31 Delegation, Threshold Questions to the Arbitrator

The Parties clearly and unmistakably delegate to the arbitrator (not any court) all threshold questions of scope, validity, enforceability, and arbitrability. Courts shall enforce this delegation.

16.32 Timely Invocation; Litigation Waiver

The Parties agree to timely invoke arbitration and not litigate inconsistently with this Agreement. A party can waive arbitration through litigation conduct, and no showing of prejudice is required.

16.33 Online Assent; Agents, Bots, and Automated Access

Assent to §16 (and the TOU) is obtained via click-through, signed order forms, or continued use after reasonable notice, and is further evidenced by transactional logs/technical records. Any access, human or automated (including bots, crawlers, scrapers, AI/ML systems, or Agentic systems), is conditioned on acceptance of the TOU. Automated agents act with authority to bind their principal; if not, the user and the requesting entity agree to joint and several liability for any breach. Where click-wrap is offered for orders/accounts, it supersedes browse-wrap.

16.34 E-Signatures and Record Authentication

The Parties consent to electronic signatures and business records (including server logs, payment-processor records, and third-party security logs) to establish contract formation, notice, and performance, and waive objections to admissibility based on electronic form.

16.35 Mass-Arbitration Cost and Process Management

The mass-arbitration protocols in §§16.13–16.14 apply to all consumer, privacy, accessibility, and Prop 65-related claims between you and ZNF. The administrator/arbitrator may, consistent with the FAA and administrator rules, order reasonable batching and bellwethers; stay or sequence filings; and impose fair cost-sharing or fee-shifting for frivolous/bad-faith filings while preserving individualized adjudication.

16.36 California PAGA (Representative) Claims

To the fullest extent permitted by law, individual PAGA claims (seeking civil penalties based on alleged Labor Code violations affecting the claimant) shall be arbitrated on an individual basis under §16. Representative PAGA claims (seeking penalties on behalf of other aggrieved employees) are severed and, if not arbitrable, stayed pending resolution of the individual arbitration. The Parties agree to cooperate to stay or coordinate any non-arbitrable PAGA remainder to avoid duplicative proceedings.

16.37 Public-Injunctive Relief Savings (McGill-Compliant)

Nothing in §16 precludes either party from seeking public-injunctive relief (relief primarily benefiting the general public) in arbitration to the extent such relief is available under applicable law. Any waiver of the right to seek public-injunctive relief in any forum is not required and shall be severed to the minimum extent necessary to comply with governing law, while the remainder of §16 continues in full force.

16.38 Covered Parties as Third-Party Beneficiaries

Without limiting §16.20, ZNF’s parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers, licensors, and service providers are intended third-party beneficiaries of §16 and may invoke and enforce this arbitration agreement to the same extent as ZNF.

16.39 Policy Cross-References (Notice of Incorporation)

For avoidance of doubt, disputes “arising out of or relating to” any ZNF Legal Policy incorporated by reference and posted on our Legal page—including, without limitation, the Privacy Policy; Cookie Policy; Digital Advertising & Analytics Policy; Information Security Policy & Responsible Vulnerability Disclosure Policy; Legal Notice, Disclaimers, Risk Allocation, & Important Consumer / Commercial Disclosures Policy; Cancelations, Returns, Refunds & Title Policy; Purchases, Subscriptions & Pre-Orders Policy; Shipping & Delivery Policy; Mobile Terms of Service; Content Policy; Product Review Guidelines; Agent Terms & Automated Access / Bot Policy; California Proposition 65 Notice & Disclaimer; Accessibility Statement; DMCA Compliance Statement & Copyright Infringement Policy; GDPR Statement / EEA-UK-Switzerland Privacy Notice; Your Privacy Choices / Data Sharing Opt-out Notice; U.S. State Privacy Addendum; and International Privacy Addendum—are within §16’s scope and shall be arbitrated individually, except where §16.21, §16.26–§16.27, §16.36–§16.37, or non-waivable law expressly provides otherwise.

16.40 Governing Language; No Conflict

For arbitration administration and hearings, the English-language version of the TOU (including §16) controls. Translations are for convenience only. In the event of a conflict, the English version governs.

16.41 Modification of Arbitration Procedures

ZNF may reasonably modify administrators or procedural selections in §16 to reflect changes in market availability (e.g., if JAMS/NAM/AAA revise, suspend, or discontinue rules) provided such modifications do not expand class/representative proceedings, restrict your ability to bring individual claims, or increase your fee burden beyond the applicable administrator rules.

17. PRODUCT DIVERSION, CONTROLLED RESALE, LICENSE & CONTENT USE

17.1 Compliance and Personal-Use Representation

You agree to comply with all applicable federal, state, and local laws. By purchasing products from Z Natural Foods (“ZNF”), you hereby represent and warrant that all such purchases are exclusively for personal, non-commercial use and are not intended for resale or redistribution, unless you operate as an expressly authorized retail partner pursuant to a written authorization granted by ZNF.

17.2 Authorized Resale Restrictions

Resale of ZNF products is strictly limited to retail partners formally designated and authorized by ZNF. No individual or entity may acquire products from ZNF or an authorized partner with the intent to resell them without ZNF's express written consent. Without such written consent from ZNF, sales on third-party marketplaces (including, but not limited to, Amazon, eBay, Walmart, or similar platforms) are strictly prohibited. Authorized partners shall not sell to any party known or reasonably suspected of engaging in unauthorized resale. Upon learning of sales directed to an unauthorized reseller or being notified by ZNF of such sales, the authorized partner must immediately cease such transactions. (Refer to § 17.18 for available remedies and § 16 for provisions governing arbitration.)

Note on trademark/“first sale”: Unauthorized resales that fail to satisfy ZNF’s stipulated quality-control standards or that present material differences (e.g., altered identifying codes, expired or improperly handled goods) may fall outside the protections afforded by the first-sale doctrine and may be subject to enforcement action.

17.3 Product Handling and Storage (Authorized Partners)

Authorized partners are required to adhere to ZNF’s specifications (including Material Safety Data Sheets and other written directives), maintain secure, climate-controlled storage facilities, and fully cooperate with product recalls or safety notices. Partners must maintain operational customer service capabilities (via telephone and email) and utilize current images and descriptions to ensure accurate representation of ZNF products. Unauthorized retailers are prohibited from using ZNF copyrights, trademarks, or other intellectual property.

17.4 Packaging and Branding Compliance

Authorized partners are strictly required to sell ZNF products solely in their original, unaltered packaging. This prohibition extends to, but is not limited to, relabeling, repackaging, or any form of alteration to the packaging or accompanying literature. Tampering with or removal of serial numbers, UPCs, batch/lot codes, SKUs, or other identifying marks is expressly forbidden. The utilization of ZNF trademarks, logos, icons, names, taglines, and slogans is permissible only to the extent explicitly authorized by ZNF and must cease immediately upon request. Partners shall not bundle or represent ZNF products with non-ZNF products in a manner that could be construed as implying ZNF endorsement. ZNF reserves the right to grant limited written exceptions for demonstrably valid business purposes.

17.5 Quality Inspection and Reporting

Upon receipt, authorized partners must diligently inspect all products for any evidence of damage, defect, tampering, expiration, or non-conformity. Non-conforming products must not be offered for sale; instead, issues must be promptly reported to ZNF.

17.6 Unauthorized Resale; Warranty Voidance

ZNF unequivocally prohibits unauthorized resale and does not support it. ZNF cannot assure the quality or integrity of products procured and sold through unauthorized channels. ZNF disclaims all warranties and satisfaction guarantees for products acquired from unauthorized sellers and reserves the right to cancel orders, restrict future purchases, or enforce strict quantity limits (including controls applied across multiple accounts) when diversion for unauthorized resale is suspected.

17.7 Headings

The headings incorporated herein are for organizational convenience only and shall have no bearing on the interpretation or scope of the provisions contained within this document.

17.8 License and Access (Limited License; Anti-Scraping/AI)

(a) Ownership & Scope:

All content, data, and materials accessible via the Site and Services, including, without limitation, text, product listings, pricing, graphics, designs, user interfaces, photographs, trademarks, logos, audio, video, music, artwork, source/object code, databases, compilations, page layout and “look and feel,” and derivative works (collectively, “Content”), are the exclusive property of, or licensed to, ZNF and are protected by applicable U.S. and international intellectual property, unfair competition, and database rights laws. ZNF reserves all rights not explicitly granted herein.

(b) Limited License:

Subject to the strict compliance with the terms and conditions outlined in this TOU (and the timely payment of any applicable fees), ZNF hereby grants the user a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and utilize the Site, Services, and Content for personal, non-commercial purposes only. No rights shall be conferred by implication, estoppel, or otherwise.

(c) Prohibited Uses (Illustrative):

The user is strictly prohibited from, and shall not permit, enable, or assist any other person, entity, or Automated Agent (including, but not limited to, a robot, spider, crawler, scraper, AI/ML system, or similar tool) to perform any of the following actions without obtaining ZNF’s express written consent, executed by an authorized officer:

PROHIBITED ACTIVITIES

1. Resale and Commercial Exploitation: Users are prohibited from reselling, licensing, renting, leasing, publishing, syndicating, or otherwise commercially exploiting the Site, Services, or Content. This prohibition extends to the creation of derivative works and the utilization of account data for the benefit of any third party.

2. Data Harvesting and Collection: It is prohibited to collect, copy, aggregate, cache, mirror, or otherwise utilize product listings, descriptions, images, reviews, specifications, or prices (including through text and data mining), or to construct or augment databases, catalogs, or price-comparison feeds.

3. Automated Access and Data Extraction: The use of data-mining, robots, crawlers, scrapers, agentic systems, or similar extraction tools is strictly forbidden. Users shall not circumvent or interfere with robots.txt protocols, crawl-delay settings, rate limits, authentication mechanisms, token gating, geo-fencing, or CAPTCHA, nor shall they otherwise access the Services beyond reasonable, human-scale usage. (Refer to Section 21; the Agent Terms & Automated Access / Agent Terms & Automated Access / Bot Policy & Automated Access / Agent Terms & Automated Access / Bot Policy; and the Information Security Policy & Responsible Vulnerability Disclosure Policy for further details.) Unauthorized access or circumvention may constitute a violation of the Computer Fraud and Abuse Act (CFAA) and the Florida Computer-Related Crimes Act.

4. AI/ML Training or Improvement: The Content, and any output generated via the Services, shall not be used, directly or indirectly, to train, fine-tune, test, benchmark, or improve any large language model (LLM), multimodal model, machine learning (ML) model, foundation model, embedding, dataset, or any related technology.

5. Copying and Reproduction: Users are prohibited from reproducing, duplicating, copying, downloading (beyond ephemeral personal browser cache), mass-screenshotting, archiving, or "bulk exporting" any portion of the Site, Services, or Content.

6. Framing and Hidden Marks: Users shall not frame or employ framing techniques to enclose any ZNF trademark, logo, page layout, or form. The use of meta-tags or hidden text that utilizes ZNF’s name or marks is also prohibited. (Refer to the Content Policy and the Digital Digital Advertising & Analytics Policy Policy.)

7. Reverse Engineering and Interference: It is prohibited to reverse engineer, decompile, disassemble, translate, adapt, or create derivative works from the Services. Users shall not probe, scan, or test the Services for vulnerabilities; introduce malware; or otherwise interfere with or unduly burden the Services or related networks.

8. Rights Infringement and Misuse: The Services shall not be used to infringe, misappropriate, or violate intellectual property rights, privacy rights, publicity rights, or any other rights, or in violation of Export Controls, Sanctions, or any applicable law.

9. Circumvention: Users are prohibited from bypassing technical or contractual access controls; using proxies, VPNs, or rotated devices to evade limits, bans, or blocks (refer to Section 21.9); or continuing access to the Services after the revocation of their license.

17.8 Grant of License (Cont.)

(d) Reservation of Rights:

No license or ownership interest shall be deemed granted, with the sole exception of § 17.8(b). ZNF and its licensors expressly retain all right, title, and interest in the Site, Services, and Content.

(e) Third-Party Platforms & APIs:

In instances where functionality is offered through third-party marketplaces, application stores, or Application Programming Interfaces (APIs), the User's engagement remains subject to the respective platform's terms; provided, however, that the terms most protective of ZNF shall govern. Applicable API Terms shall control any API access; in the absence of a fully executed API license, automated access is strictly prohibited (§ 17.8(c)(3)).

(f) Attribution & Notices:

The User shall be obligated to retain all proprietary notices on permitted copies or excerpts and shall not remove, alter, or obscure any watermark, label, batch/lot code, serial number, Stock Keeping Unit (SKU), or tracking identifier.

(g) Termination & Effect:

This license shall automatically terminate immediately upon any breach of these Terms of Use (TOU) or any incorporated policy. ZNF reserves the right to suspend, throttle, or revoke access with or without prior notice (refer to § 21). Subsequent to termination, the User must immediately cease all use, destroy any downloaded, cached, or stored Content (excluding purely ephemeral cache), and provide written certification of such destruction upon request. ZNF is entitled to seek all available remedies, including injunctive relief, monetary damages, statutory remedies, and the recovery of attorneys’ fees (refer to §§ 6, 8, 16, 21). Any unauthorized circumvention may constitute a violation of the Digital Millennium Copyright Act (DMCA) § 1201.

(h) Non-Waiver:

ZNF’s decision to refrain from enforcing § 17.8 in any particular instance shall not be construed as a waiver of the right to future enforcement.

17.9 Modification and Suspension of Services

ZNF reserves the unqualified right to modify, suspend, or discontinue any portion of the Services or Content at any time, without prior notice and without incurring any liability to the User. ZNF assumes no obligation or duty to update Content or Services; any updates shall be provided solely at ZNF’s discretion. Any use not explicitly authorized by this TOU is prohibited and may result in legal action.

17.10 User Equipment and Services

The User bears sole responsibility for procuring and maintaining, at the User's own expense, all necessary equipment and connectivity (including, but not limited to, telephone and internet access) required to access the Services.

17.11 Copyright and Reproduction Restrictions

No material originating from the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted without the prior written consent of ZNF or that of the applicable copyright owner. ZNF permits the display, copying, distribution, or downloading of materials exclusively for personal, non-commercial utilization, provided that such materials are not modified and all notices are retained. Any violation of this provision shall immediately terminate this permission, and the User must forthwith destroy any downloaded or printed materials. The practice of "Mirroring" on another server necessitates express written consent. Unauthorized usage may violate copyright, trademark, privacy, communications, or computer-access legislation (including the Computer Fraud and Abuse Act (CFAA) or the Florida Computer Crimes Act).

17.12 Reservation of Rights; DMCA

ZNF reserves all rights not explicitly granted herein. ZNF maintains formal procedures for addressing copyright, patent, and trademark infringement notices in accordance with the Digital Millennium Copyright Act. Users should consult the DMCA Compliance Statement & Copyright Infringement Policy for details.

17.13 Responsibility for Third-Party Content

ZNF accepts no responsibility or liability for third-party content posted or uploaded onto the Services. While ZNF may elect to review or monitor such content, ZNF reserves the sole discretion to remove any material deemed abusive, defamatory, obscene, fraudulent, deceptive, or violative of this TOU. (Refer to § 21.)

17.14 Licensing & IP Rights (Platform Controls)

ZNF reserves the sole discretion to control, restrict, or terminate access to its platforms or to delete content, including, but not limited to, content that is: (a) offensive, slanderous, or vulgar; (b) deceptive, misleading, or fraudulent; (c) infringing upon or misappropriating the intellectual property (IP) rights of a third party; or (d) otherwise deemed unacceptable by ZNF. Information or opinions disseminated within discussion forums are not to be construed as professional advice.

17.15 User Content & License Grant

“User Content” comprises all data, information, or materials (including, but not limited to, text, software, music, sound, photographs, graphics, video, and messages) submitted or transmitted by users, whether publicly or privately, excluding genetic or health-related information. By utilizing the Services, you hereby grant ZNF and its affiliates, sublicensees, successors, and assignees an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to host, reproduce, adapt, modify, translate, publish, perform, store, display, distribute, edit, reformat, and create derivative works from your User Content, without requiring additional remuneration and without transferring your underlying ownership of the content. You formally represent and warrant that you possess all requisite rights to grant this license and assume full responsibility for your User Content. ZNF and its designated representatives reserve the right to remove or modify User Content deemed to violate this Terms of Use (TOU) policy.

Reviews Policy: ZNF respects the submission of truthful and legitimate reviews; however, any review determined to be unlawful or deceptive (e.g., fraudulent, compensated, astroturfing, constituting threats, doxxing, or defamation) may be removed, consistent with the provisions of the Consumer Review Fairness Act and guidance issued by the Federal Trade Commission (FTC).

17.16 Third-Party Websites & Hyperlinks

ZNF assumes no responsibility for third-party websites (“Outside Sites”) linked to or from ZNF Sites/Community Sites and does not verify or endorse those sites or their practices. Should an Outside Site collect personal information, ZNF assumes no responsibility for its handling. Refer to the Privacy Policy for detailed information regarding ZNF’s practices.

17.17 Audit & Record-Keeping (Authorized Partners)

Authorized partners are required to maintain complete and accurate records of ZNF product purchases, inventory, and sales for a minimum of two (2) years, which must be made available for inspection upon reasonable notice. Failure to maintain or provide such records may result in the immediate termination of authorized status and the application of legal remedies.

17.18 Enforcement & Remedies (Non-Exhaustive)

Any breach of this Section shall constitute a material breach. ZNF may pursue all available legal and equitable remedies, including, but not limited to, injunctive relief, termination of authorized-reseller status, recovery of actual damages, statutory damages (where applicable), attorneys’ fees, recovery for unauthorized access or circumvention (e.g., under the CFAA, Florida Computer-Related Crimes Act, DMCA § 1201), and relief for unfair or deceptive acts. Disputes are subject to § 16 (Arbitration); where arbitration is unavailable, § 8 (Governing Law/Venue) shall apply.

17.19 Indemnification for Unauthorized Resale/Violations

Any person or entity found to violate this Section shall be obligated to indemnify, defend, and hold harmless ZNF, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising from such violation, including, but not limited to, unauthorized resale, diversion, data scraping, circumvention, or infringement of intellectual property rights.

18. ENFORCEMENT, MODIFICATION, AND TERMINATION OF TERMS

18.1 Enforcement of Terms and Remedial Measures

You hereby acknowledge that Z Natural Foods (ZNF) retains the absolute right to enforce the stipulations of this Agreement. In the event of any breach by you, which ZNF deems to constitute unlawful business practices causing irreparable harm for which monetary damages alone would be insufficient, ZNF may, at its sole discretion, immediately terminate your access to the Services. Under such circumstances, in addition to seeking monetary damages, ZNF is entitled to pursue injunctive or other equitable relief as deemed necessary. These remedies shall be cumulative and shall be in addition to any other legal or equitable remedies available to ZNF.

18.2 Modification and Discontinuation of Services

ZNF reserves the right, at any time and for any reason whatsoever, to modify, suspend, or discontinue, in whole or in part, the Services without prior notification. Furthermore, ZNF retains the right to suspend or terminate your account and to refuse any current or future use of the Services should you violate these Terms or if a breach is reasonably suspected.

18.3 Authority to Terminate and Refuse Service

ZNF may, at its absolute discretion and without prior notice, terminate or suspend your access to the Site and Services for any reason, with or without stated cause. Such termination shall serve to absolve ZNF of any further liability or obligation to you or any third party. Notwithstanding such termination, provisions of this Agreement that by their nature survive termination, including, without limitation, ownership, warranty disclaimers, indemnification, and limitations of liability, shall continue to remain in full force and effect.

18.4 Circumstances for Termination

ZNF may terminate its legal relationship with you under circumstances including, but not limited to, a material breach of these Terms, failure to comply with applicable laws and regulations, discontinuation of service to your jurisdiction, or when the provision of services is no longer commercially viable. Any suspected fraudulent, abusive, or illegal activity shall serve as grounds for immediate termination of your relationship with ZNF, and such instances may be referred to the appropriate law enforcement authorities. ZNF reserves the right to restrict access for any reason, at its sole discretion.

18.5 Continuation and Termination of Agreement

This Agreement shall become effective upon your initial use of the Site or Services and shall remain in effect until terminated by either party. You may terminate this Agreement at any time by providing notification to ZNF. Similarly, ZNF may terminate this Agreement at any time, without notice, and consequently deny you access to the Services should you fail to comply with any provision of this Agreement.

18.6 Preservation and Disclosure of Information

ZNF reserves the right to preserve and disclose any information pertaining to your use of the Services if such action is deemed necessary to comply with applicable laws or if, in good faith, ZNF believes such preservation or disclosure is reasonably necessary to enforce this Agreement, respond to claims that content violates the rights of third parties, or to protect the rights, property, or safety of ZNF, its users, or the general public. Any such disclosure shall be executed in strict accordance with all applicable legal requirements.

18.7 Legal Action and Recovery of Costs

Should ZNF initiate legal proceedings against you as a consequence of your violation of these Terms, you hereby agree that ZNF shall be entitled to recover all reasonable attorneys’ fees and associated costs incurred, in addition to any other relief awarded by law or equity. Furthermore, you acknowledge that ZNF shall not be held liable to you or any third party for terminating your access to the Services due to any breach or suspected breach of these Terms.

18.8 Registration and Membership

Use of Z Natural Foods (ZNF) services and registration for membership (“Membership”) is permitted solely where legally valid. By registering, you affirm that you are at least eighteen (18) years of age, an emancipated minor, or that you have secured the express consent of a parent or legal guardian. You further represent and warrant that you possess the full legal capacity to enter into and comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use (TOU). In connection with your use of ZNF services, you represent and warrant that:

(a) All registration information provided by you is truthful, accurate, and current;

(b) You shall maintain the accuracy of such information;

(c) You shall create only one account, and

(d) Your use of ZNF services does not contravene any applicable law or regulation. A parent or legal guardian must accompany visitors under the age of eighteen (18) at all times.

18.9 ZNF's Rights to Investigate and Terminate

ZNF and its parent companies reserve the right to investigate and verify the eligibility and accuracy of all Membership information. Should it be determined that you do not satisfy the eligibility requirements, ZNF may, at its sole discretion, terminate your membership and access to the Services without prior notice. ZNF also reserves the right to cancel any outstanding orders or restrict access to services upon the occurrence of such termination.

18.10 Corporate Use

Should you access or utilize ZNF services on behalf of a corporation, organization, or other legal entity, you hereby represent and warrant that you possess the requisite authority to bind said entity to these Terms of Use (TOU). In such instances, the term "You" shall be construed as referring to that specific entity.

18.11 Compliance with Terms

You covenant to adhere to all terms, conditions, and notices contained within this Agreement and warrant that you shall not employ ZNF services for any unlawful or prohibited purpose. The use of ZNF services in any manner that could potentially damage, disable, overburden, or impair the Site or impede any other party's proper use and enjoyment thereof is strictly prohibited.

18.12 Registration Requirements

Registration with ZNF requires providing accurate and up-to-date information, including a valid email address, a secure password, and any other required details. Your account is designated as personal and non-transferable, and you bear sole responsibility for all activities transacted under your account. Individuals between the ages of thirteen (13) and seventeen (17) must furnish the explicit consent and login details of their parent or legal guardian. You are required to maintain the strict confidentiality of your login credentials and to promptly notify ZNF of any suspected unauthorized use or security breach.

18.13 Unique Username and Password

Certain functionalities of the Site require the establishment of a unique username and password. You are accountable for preserving the confidentiality of these credentials and for all activities conducted under your account. Immediate notification to ZNF is mandatory upon your becoming aware of any unauthorized use or security breach.

18.14 Display Name and Profile

Upon successful registration with ZNF, you may elect a display name (or utilize your first name) to accompany your profile picture. Display names are not exclusive, and you retain the right to modify your display name at any time. ZNF reserves the authority to alter or delete display names at its exclusive discretion.

18.15 Privacy Policy

Your utilization of ZNF services constitutes an affirmative acknowledgment that you have duly reviewed, comprehensively understood, and unequivocally consented to our Privacy Policy. This policy formally outlines the procedures governing the collection, use, disclosure, and retention of your personal information. The Privacy Policy is hereby incorporated by reference and shall be deemed an integral and indispensable component of this Agreement.

18.16 Assignment

ZNF retains the right to assign, transfer, or delegate this Agreement, whether in whole or in part, to any successor entity, affiliate, or third party without prior notice to or consent from you. You are expressly prohibited from assigning or transferring any rights or obligations arising under this Agreement without the prior written consent of ZNF, and any purported attempt to do so shall be deemed null and void ab initio. This Agreement shall operate for the benefit of and be binding upon the successors and permitted assigns of ZNF.

18.17 Notice of Modifications

ZNF reserves the prerogative to amend or modify these Terms at any time. Any such modifications shall be conspicuously posted on the Site and shall become effective immediately upon their posting. Your continued use of the Services subsequent to the posting of such modifications shall constitute your acceptance of the updated Terms. It remains your sole responsibility to review the Terms for any alterations periodically.

(a) Incorporated policy controls; no expansion of remedies:

Returns, refunds, cancelations, title/risk-of-loss, RMAs, inspection requirements, evidence preservation, claim deadlines, and related procedures are governed exclusively by the Cancelations, Returns, Refunds & Title Policy posted on ZNF’s Legal page (incorporated by reference). This §19.1 is a pointer for convenience only and does not create additional remedies or modify that policy. If there is a direct conflict, the Cancelations, Returns, Refunds & Title Policy controls for operational procedures, while §10 (Limitation of Liability) and §16 (Arbitration) continue to apply to the fullest extent permitted by law.

(b) Product characteristics; natural variation; storage allocation:

Many products are natural agricultural goods and may vary batch-to-batch in color, aroma, taste, texture, granularity, clumping, and moisture response. After delivery or pickup, storage and handling are customer-controlled, and ZNF is not responsible for degradation, pest activity, contamination, or loss arising from post-delivery conditions outside ZNF’s control, to the maximum extent permitted by law.

(a) Commitment to Customer Satisfaction and Return Eligibility:

(c) RMA; return required; evidence preservation:

Unless ZNF approves a no-return remedy in writing, returns generally require an RMA and return of the product in accordance with the Cancelations, Returns, Refunds & Title Policy. You must preserve the product, original packaging, and lot/batch identifiers and provide reasonable documentation (e.g., photos) when requested so ZNF can investigate and, where appropriate, remediate.

(b) Product Quality Assurance:

(d) Restocking, fees, inspection, and final determinations:

Any inspection, eligibility determination, restocking or handling fee assessment, and refund/credit calculation is governed by the Cancelations, Returns, Refunds & Title Policy and is final to the maximum extent permitted by law. ZNF may deny claims where required evidence is not preserved or where the product cannot be returned for inspection (unless a no-return remedy is approved in writing).

(c) Return Process and Conditions:

(e) Shipping damage, missing items, wrong items, or delivery issues:

Report shipping damage, missing items, or wrong-item issues within the time windows stated in the Cancelations, Returns, Refunds & Title Policy and preserve packaging and product for carrier/claim investigation. ZNF may require photographs and preserved materials and may provide replacement, credit, or refund as permitted by the policy and applicable law.

(d) Restocking Fee and Refunds:

(f) Purchases from other sellers / unauthorized channels:

For purchases from third parties, unauthorized sellers, or diverted channels where ZNF is not the seller or merchant of record, ZNF may not control storage, handling, labeling, or chain of custody and may deny warranty, refund, replacement, or authenticity support to the maximum extent permitted by law.

(e) Shipping Damages and Errors:

(g) No waiver; dispute resolution:

Nothing in this §19.1 waives non-waivable rights under applicable law. Any dispute relating to returns, refunds, cancelations, chargebacks, or title/risk-of-loss is subject to §16 (Binding Individual Arbitration) and §10 (Limitations) to the fullest extent permitted by law.

(f) Purchases from Other Retailers:

Return, refund, exchange (if any), title/risk-of-loss, and related procedures for purchases transacted directly with ZNF are governed by ZNF’s Cancelations, Returns, Refunds & Title Policy posted on our Legal page at https://www.znaturalfoods.com/pages/legal (incorporated by reference). For products purchased from other retailers or sales channels, return or redress requests must be directed to the respective seller and may be subject to that seller’s terms. This Agreement (including §16 arbitration and §10 limitation of liability) continues to govern disputes to the maximum extent permitted by law.

(g) Customer Responsibility:

It is the customer's responsibility to review and fully understand all pertinent product information, including the country of origin and constituent ingredients, before placing an order. Should you require additional details or have inquiries concerning our Returns & Refunds Policy, please contact our customer service department directly.

19.2 Miscellaneous Terms and Conditions

(a) Non-Waiver:

The omission or postponement by Z Natural Foods (ZNF) in exercising or enforcing any right or provision of these Terms of Use shall not be construed as a waiver of such right or provision. Any waiver of any term herein shall only be effective if executed in writing and duly signed by an authorized representative of ZNF.

(b) Modification of Agreement:

ZNF reserves the unilateral right to amend this Agreement at any time, and such modifications shall take effect immediately upon their publication on the Site. The User is responsible for diligently reviewing this Agreement regularly to remain aware of any revisions. By continuing to use the Site or Services after amendments are posted, the User accepts and consents to be bound by the modified Agreement.

(c) Assignment and Delegation:

The User shall not assign or delegate any rights or obligations arising under this Agreement without the prior written approval of ZNF. Any attempted assignment or delegation without ZNF's express consent shall be null and void. Conversely, ZNF retains the discretion to assign or delegate, in whole or in part, its rights and obligations under this Agreement to any third party without prior notification or consent from the User. This prerogative ensures the necessary transferability and management of ZNF's contractual rights and responsibilities for the efficient conduct of its business operations.

19.3 California Proposition 65 Notice, Warnings, and Client Compliance Obligations

(a) Notice and Compliance with California Proposition 65:

The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) requires businesses to provide certain warnings to California consumers regarding exposures to chemicals listed by the State of California as causing cancer, birth defects, or other reproductive harm, unless an exemption applies. As a California resident procuring products from ZNF, you acknowledge that Proposition 65 warnings may be provided for products sold in or shipped to California, and that a warning is a California disclosure and does not, by itself, mean that a product is unsafe or violates federal or non-California standards. For additional context and ZNF’s disclosure approach, see the California Proposition 65 Notice & Disclaimer posted on our Legal page. For regulatory background, consult the California Office of Environmental Health Hazard Assessment (OEHHA).

(b) Acknowledgment of California Proposition 65 Warnings:

By accessing our website or executing a purchase of products destined for consumption within the State of California, the purchaser formally acknowledges and accepts the following required warnings:

CALIFORNIA WARNING: Can expose you to lead, a carcinogen and reproductive toxicant. See www.P65Warnings.ca.gov/food

or

CALIFORNIA WARNING: Consuming this product may expose you to chemicals, including lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. See www.P65Warnings.ca.gov/food

For supplementary details, please visit: www.P65Warnings.ca.gov/food. These advisories are provided solely to inform consumers of potential chemical exposures and do not definitively indicate that the product is in violation of any safety standards.

(c) Client Responsibilities Under California Proposition 65:

Should the client use Z Natural Foods products for further manufacturing, repackaging, private labeling, or resale, the client assumes complete responsibility for ensuring strict compliance with all Proposition 65 notice requirements. This mandatory responsibility encompasses the provision of all necessary and legally compliant notices and warnings to end users, retailers, and any downstream customers for products introduced into the California market.

(d) Warning and Labeling Requirements:

It is the sole responsibility of the client to verify that all finished products containing chemicals at actionable levels pursuant to Proposition 65 are appropriately labeled with the requisite warnings. Complete adherence to all applicable laws, including Proposition 65's precise labeling and online warning mandates, is compulsory.

(e) Indemnification; Defense; Allocation Of Responsibility (Proposition 65):

(i) Scope; Parties Covered. To the maximum extent permitted by law, to the extent you purchase, handle, market, distribute, offer for sale, sell, re-sell, repackage, relabel, import/export, private-label, co-pack, manufacture with, or otherwise use any Z Natural Foods (“ZNF”) product (each, a “Product”) in any channel or supply chain, you—whether acting as a reseller, distributor, private-labeler, contract manufacturer, marketplace seller, retailer, intermediary, or other commercial actor (collectively, “Client”) agree to indemnify, defend (upon first request), and hold harmless ZNF and its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and representatives (collectively, the “ZNF Indemnitees”) from and against any and all claims, demands, notices (including 60-day notices), investigations, government or private enforcement actions, civil penalties, assessments, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees, expert fees, testing costs, recall/rework/relabel expenses, and costs of injunctive compliance) arising out of or related to:

1. Client’s failure to provide “clear and reasonable” warnings under Proposition 65 (Cal. Health & Safety Code §25249.6) and implementing regulations (Title 27, Cal. Code Regs. (“27 CCR”), Article 6), including (without limitation) internet/catalog warnings and retail/shelf signage where applicable (including 27 CCR §§25602, 25603, and related guidance);

2. Removal, alteration, obscuring, misplacement, or failure to pass through any ZNF-provided warnings, labels, electronic notices, shelf tags, or warning artwork; or inability/failure to transmit written notice and warning materials downstream as contemplated by 27 CCR §25600.2;

3. Client modifications (including reformulation, blending, flavoring, encapsulation, reprocessing, private labeling, repackaging, or co-packing) or Client marketing/advertising claims that create, increase, or change a listed exposure and/or warning obligations;

4. Client’s online marketplace listings (including third-party platforms) that omit, misplace, or fail to display required warnings prior to purchase for California deliveries; and/or

5. Any enforcement activity by a public prosecutor or private enforcer under Cal. Health & Safety Code §25249.7, including 60-day notices and subsequent actions, settlements, or consent judgments.

(ii) Duty to Defend; Control of Defense. Upon ZNF’s tender, Client shall immediately assume the defense of any covered matter with counsel reasonably acceptable to ZNF, at Client’s sole cost and expense. ZNF may elect to participate with its own counsel at Client’s expense, or assume full control of the defense (without waiving indemnity) if ZNF reasonably determines Client’s defense is inadequate or presents a conflict. Client shall not settle any matter without ZNF’s prior written consent, which shall not be unreasonably withheld where (a) ZNF obtains a complete release and (b) no admission of liability or injunctive obligations is imposed on ZNF.

(iii) Primary and Non-Contributory; Survival. Client’s defense and indemnity obligations are primary and non-contributory with any ZNF insurance and shall survive expiration or termination of any purchase, use, or resale of Products and any termination of this Agreement.

(iv) Insurance for Resellers/Intermediaries. If Client resells, distributes, repackages, relabels, or private-labels Products, Client shall maintain Commercial General Liability insurance (including Products/Completed Operations and Contractual Liability) with limits reasonably adequate to the risk (not less than US$1,000,000 per occurrence and US$2,000,000 aggregate, or higher where customary), name ZNF as an additional insured (primary and non-contributory), and provide certificates upon request.

(v) International & Non-U.S. Sales. For non-U.S. sales, Client assumes full responsibility for complying with local consumer warning, chemical disclosure, and product-safety regimes, and for ensuring that California deliveries receive Proposition 65-compliant warnings where required. Nothing herein limits Client’s duty to follow OEHHA’s allocation rules, which permit contractual assumption of liability and pass-through warning methods in the supply chain.

(vi) Carve-Out and Legal Limits. This Section is intended to allocate responsibility to the fullest extent allowed by law and is not intended to require indemnity to the extent finally adjudicated to be caused by ZNF’s willful misconduct.

(vii) Mandatory Dispute Resolution (Alignment with §16). As between Client and ZNF, any dispute, claim, counterclaim, or request for relief arising from or relating to Proposition 65 notices, warnings, enforcement, indemnity, defense, reimbursement, or cost allocation—including disputes about whether Client’s obligations are triggered—shall be resolved exclusively under §16 (including the Initial Dispute Resolution process, venue/seat, confidentiality, mass-arbitration protocol, waiver of class/representative actions, and fee allocations). The Federal Arbitration Act governs enforceability, with Florida law supplying any non-preempted rules.

For clarity: nothing in this subsection attempts to require arbitration of an enforcement action brought by a governmental authority or an authorized private enforcer under Cal. Health & Safety Code §25249.7; this subsection governs only allocation and dispute resolution between Client and ZNF.

(viii) No Limitation on Other Remedies; Interim Relief. ZNF’s rights under this Section are in addition to any other remedies at law or in equity, including temporary, preliminary, or permanent injunctive relief to compel compliant warnings, labeling, online disclosures, product holds, recalls, or other corrective actions consistent with Proposition 65’s framework and §16’s provisional-relief provisions.

(ix) Records; Cooperation. Client shall maintain accurate records of downstream sales and warning implementation (including website/catalog screenshots and shelf-sign placement) for at least two (2) years (or longer where required by law) and shall promptly provide such records to ZNF upon request to facilitate investigation, response to 60-day notices, and regulatory inquiries.

(x) No Reliance; Client Assumes Compliance; No ZNF Undertaking. Client acknowledges and agrees that:

1. ZNF does not undertake Client’s Proposition 65 compliance obligations, and any Product descriptions, specifications, country-of-origin statements, testing information, or communications about Proposition 65 are provided “as-is” for general informational purposes only and do not constitute legal advice, compliance guidance, a warranty, or a representation that any Product is “Prop 65 compliant,” “safe harbor,” or free from listed chemicals at any level.

2. Client is solely responsible for (a) determining whether any listed chemical exposure requires a warning for Client’s intended use, processing, packaging, labeling, distribution channel, and customer geography; (b) implementing warnings that are accurate, properly placed, and timely; and (c) ensuring all online warnings display prior to purchase for California deliveries as required by applicable regulations.

3. Client shall not assert, and hereby waives to the fullest extent permitted by law, any claim against any ZNF Indemnitee based on Client’s own Proposition 65 compliance choices, warning placement decisions, downstream pass-through failures, marketplace listing layouts, or Product modifications/marketing claims, each of which Client agrees is within Client’s sole control and responsibility.

19.4 Terms of Use for RSS Feeds and Podcasts

(a) Access and Usage:

The Site may provide Really Simple Syndication (RSS) Feeds, which deliver textual, audio, video, and photographic content via an Extensible Markup Language (XML) feed. Certain feeds may incorporate podcasts with associated media files available for download and playback on various devices. Access to this content may necessitate specific software and hardware configurations.

(b) Intellectual Property and Usage Rights:

Applicable U.S. federal, state, and international laws, regulations, and treaties protect content supplied within the RSS Feeds. Z Natural Foods or the respective content providers retain all rights to such content. This content is furnished exclusively for personal, non-commercial utilization. You are hereby authorized to download, copy, and transfer RSS Feeds and associated content strictly for personal, non-commercial purposes. Any reproduction, modification, display, performance, publication, distribution, or circulation of this content by any third party is expressly prohibited, unless explicit authorization is granted under the terms of this Agreement.

(c) Disclaimer and Liability:

By accessing and utilizing the RSS Feeds, you acknowledge that Z Natural Foods, its parent companies, and affiliates do not guarantee compatibility with all user equipment. You assume all risks associated with the use of RSS Feeds and any related content, and ZNF, its parent companies, and affiliates shall not be held liable for any adverse outcomes resulting from such use.

(d) Warranty Disclaimer:

Z Natural Foods, its parent companies, and affiliates expressly disclaim all warranties, whether explicit or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No warranty is provided regarding the error-free or uninterrupted nature of RSS Feeds or podcast content, nor that defects shall be corrected, nor that the content satisfies any specific requirements.

(e) Limitation of Liability:

You agree that Z Natural Foods, its parent companies, affiliates, and the Site shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (including, without limitation, damages for loss of profits, goodwill, data, or other intangible losses) arising from or related to your utilization or inability to utilize the RSS Feeds or any associated content, even if apprised of the possibility of such damages. You assume full responsibility and risk for your use of the RSS Feeds and associated content solely for personal, non-commercial purposes.

(f) Governing Language:

1. English Controls. The parties expressly agree that this Agreement and all associated terms, notices, policies, and communications shall be composed in the English language. Should this Agreement, or any portion thereof, be translated into an alternative language, the English version shall nonetheless govern and prevail for the purposes of interpretation and enforcement in the event of any inconsistency, discrepancy, or conflict.

2. Translations for Convenience Only. Any non-English translation provided by Z Natural Foods is for the user's convenience only. Such translations neither modify, amend, nor supersede the authoritative English version.

3. Jurisdiction-Specific Requirements. Notwithstanding the foregoing, if the applicable law within a particular jurisdiction mandates that a local-language version govern for consumers (e.g., pursuant to specific language-of-commerce regulations), then the required local-language version shall govern strictly to the extent of such legal mandate; in all other respects, the English version shall remain controlling.

4. Language of Proceedings. All communications concerning this Agreement with Z Natural Foods, including, but not limited to, any arbitration or small-claims proceedings, shall be conducted in English unless otherwise ordered by a tribunal of competent jurisdiction (refer to §16).

5. Construction. Headings and defined terms utilized within the English version shall apply equally to any translations; any ambiguity arising from a translation shall be resolved solely by reference to the original English text. This clause is consistent with standard "English prevails/governing language" provisions employed in cross-border terms of use documentation.

19.5 Finality and Non-Appeal of Return Determinations

All determinations regarding return eligibility, the imposition of restocking fees, and the calculation of refund amounts are final and rest solely within Z Natural Foods' discretion. No further appeal or dispute regarding return determinations shall be permitted subsequent to their issuance.

19.6 Severability and Survival

Should any provision within this Section 19 be deemed invalid or unenforceable, the remaining provisions shall retain their full force and effect. All obligations and rights stipulated herein shall survive the termination or expiration of your use of the Site and Services.

19.7 Inspection Authority and Finality of Determinations

By submitting a return, the customer acknowledges and agrees that ZNF's inspection of the returned product, whether conducted internally or by an authorized third-party inspector, is conclusive and legally binding. Any determination made concerning the condition of the returned product, including, but not limited to, the assessment of restocking fees or the refusal of a refund, shall be final and not subject to appeal.

19.8 Customer Packaging and Return Shipping Obligations

The customer is responsible for returning products in their original, undamaged packaging, in strict adherence to any instructions provided by ZNF. Failure to comply with this requirement may lead to additional deductions from the refund amount, including supplementary shipping or handling charges.

19.9 Force Majeure Extension for Returns

In the event that extraordinary circumstances (including, but not limited to, natural disasters, pandemics, or other force majeure events) impede the customer’s ability to return a product within the standard return period, ZNF reserves the exclusive right to, at its sole discretion, extend the return period or appropriately modify the return process.

20. MOBILE APPLICATION SERVICES TERMS AND GOVERNANCE

20.1 Provision of Services and Applicability

Z Natural Foods may furnish products and services via applications accessible on wireless or mobile devices (e.g., mobile phones). The governance of these Mobile Application Services is subject to any Additional Terms specifically relevant to the particular Mobile Application Service. Unless explicitly stipulated otherwise in such Additional Terms, Z Natural Foods levies no charges for these Mobile Application Services; however, standard messaging, data, and other rates and charges imposed by your wireless carrier may apply. By utilizing these Mobile Application Services, you consent to be bound by all applicable terms and any carrier-imposed fees, for which you shall bear sole responsibility.

20.2 User Assumption of Charges

You acknowledge and agree that you are exclusively responsible for all charges incurred from the utilization of Mobile Application Services on your wireless or mobile devices. This responsibility extends to any charges incurred by any individual who gains access to your device, telephone number, or email address through the Mobile Application or Messaging Services. Z Natural Foods, its parent entities, and affiliates shall not be held accountable for any such charges.

20.3 Device Compatibility and Carrier Restrictions

It is your exclusive obligation to ensure that your mobile device is fully compatible with the Mobile Application Services, including maintaining all requisite software and firmware updates. Not all Mobile Application Services may demonstrate compatibility with every wireless carrier or device. Certain carriers may institute restrictions or may not offer support for particular Mobile Application Services. You are advised to verify with your wireless carrier regarding availability and any restrictions that may impact your usage.

20.4 Notification of Changes to Wireless Numbers

Should you change or deactivate your wireless telephone number, you must promptly update your account information for Mobile Application Services to avert the inadvertent transmission of messages to a new user of your former number. Z Natural Foods, its parent entities, and affiliates shall not be held responsible for messages delivered to an individual who subsequently acquires your previous wireless number.

20.5 Right to Alter or Discontinue Services

Z Natural Foods reserves the unilateral right to modify, suspend, or discontinue, whether on a temporary or permanent basis, any Mobile Application Service at any time without prior notification. Neither Z Natural Foods, its parent entities, nor any of its affiliates shall be liable for any loss or damage resulting from such modifications or discontinuations. Your continued utilization of Mobile Application Services constitutes your acceptance of any alterations implemented.

20.6 Further Information

For a comprehensive understanding of the terms and conditions governing the use of Mobile Application Services, kindly refer to the Mobile Terms of Service available on the Z Natural Foods website or directly through the Mobile Application Service. These Mobile Terms of Service furnish detailed information regarding authorized uses, limitations, and user obligations.

20.7 Official Notice and Communication

Z Natural Foods may convey notices to you under this Agreement via electronic mail, general announcements on the Service, or by written correspondence delivered via first-class U.S. mail to the address recorded in your Z Natural Foods account. You may provide formal notice to Z Natural Foods at any time by forwarding a letter via certified first-class postage prepaid U.S. mail or overnight courier to the following address:

Z Natural Foods

5407 N Haverhill Rd Unit 336

West Palm Beach, FL 33407

20.8 Supplemental Indemnification for Mobile Services

You agree to indemnify and hold harmless Z Natural Foods, its parent entities, affiliates, officers, directors, and employees from any claims, damages, or losses arising from or pertaining to disputes with your wireless carrier concerning charges, compatibility, or restrictions associated with the Mobile Application Services.

20.9 Prohibited Conduct and Unlawful Utilization

You agree not to engage in any conduct that attempts to circumvent, disable, or impair the proper functioning or security of the Mobile Application Services. This encompasses, but is not limited to, reverse engineering, decompiling, modifying, or tampering with the application’s source code, disabling any security feature, or interfering with the performance of the Services. Any such conduct is strictly forbidden and may result in the immediate termination of your access, as well as the initiation of legal proceedings.

20.10 Security Protocols and Data Privacy for Mobile Services

While Z Natural Foods adheres to industry-standard practices to safeguard your data, you are solely responsible for securing your mobile device, including installing timely software and security updates. ZNF shall not be held liable for any breach or unauthorized access resulting from your failure to secure your device. Data transmitted via the Mobile Application Services is subject to our Privacy Policy, and by utilizing these services, you accept the inherent risks associated with data transmission over wireless networks.

20.11 Maintenance, Updates, and Beta Services

Z Natural Foods retains the right to issue updates, patches, and enhancements to the Mobile Application Services at its sole discretion. You acknowledge that ZNF is under no obligation to support antecedent versions of the Mobile Application and that your continued use of the Services signifies acceptance of the most recent updates. For beta or trial features, you agree to provide feedback and acknowledge that such features may be subject to modification or discontinuation without liability.

20.12 Prohibition of Unauthorized Automated Access

The use, deployment, or facilitation of any automated means, including but not limited to robots, spiders, crawlers, scrapers, bots, or any other automated tools or technologies, to access, extract, harvest, index, or collect data or content from the Site or its Services for any purpose, including but not limited to data mining, machine learning, artificial intelligence training, or any form of commercial exploitation, is strictly prohibited without the prior express written consent of Z Natural Foods. This prohibition extends to any attempt to bypass, circumvent, or interfere with any security measures, access controls, or limitations implemented by ZNF, including but not limited to robots.txt directives, CAPTCHA mechanisms, IP blocking, or rate-limiting protocols. Review our Bot & Crawler Access Terms of Use Policy for additional information.

Any unauthorized automated access or activity constitutes a violation of this Agreement and may constitute a breach under applicable statutes, including, but not limited to, the Computer Fraud and Abuse Act (CFAA), the Florida Computer Crimes Act, and other relevant legal provisions. ZNF reserves the right to pursue all available legal remedies, including but not limited to injunctive relief, monetary damages, and recovery of attorneys' fees, against any party engaging in such prohibited conduct.

21. CUSTOMER CONDUCT, FRAUD PREVENTION, REFUSAL OF SERVICE, AND ACCOUNT ACTIONS

21.1 Scope and Applicability

This Section applies to all users, purchasers, visitors, requestors, and operators utilizing any method of access to the Site and Services, including automated agents (robots, spiders, crawlers, scrapers, AI/ML tools) and any persons or entities acting on their behalf, regardless of geographic location. By accessing or utilizing any ZNF property or channel (including websites, subdomains, applications, APIs, marketplace storefronts, email, SMS/MMS, chat, telephone, social media, RSS, and podcasts), you and any entity on whose behalf you operate are bound by this Terms of Use Policy and the ZNF Legal Policies incorporated herein by reference and posted on our Legal page at https://www.znaturalfoods.com/pages/legal. Disputes arising under this Section are governed by §16 (Arbitration) and §8 (Governing Law/Venue) to the maximum extent permitted by law.

21.2 Prohibited Conduct

ZNF reserves the right to suspend, limit, refuse, or terminate access, communications, Membership, orders, shipments, or refunds, with or without prior notification, for conduct that ZNF, in its sole discretion, determines to be abusive, unlawful, risky, or detrimental, which includes, but is not limited to:

(a) Abuse directed toward staff (harassment, use of profanity, doxxing, threats of violence or extortion);

(b) Fraud or attempted fraudulent activity (account takeover, identity theft, chargeback abuse, false claims of non-receipt, serial returns, manipulation of coupons or discounts, use of counterfeit instruments);

(c) Utilization of extortionate leverage (e.g., conditioning a favorable review or avoidance of negative publicity/contact with media/regulatory bodies upon the issuance of a refund);

(d) Automated or high-volume data extraction (scraping, harvesting, mining, copying of images, text, data, or code) or the circumvention of access controls (such as robots.txt, rate limits, authentication protocols, CAPTCHA, geo-fencing, or token gating) (refer also to the Agent Terms & Automated Access / Agent Terms & Automated Access / Bot Policy & Automated Access / Agent Terms & Automated Access / Bot Policy and DMCA Compliance Statement & Copyright Infringement Policy);

(e) Technical interference (including probing/scanning, deployment of malware, Distributed Denial of Service (DDoS) attacks, evasion tactics, or the use of disposable email addresses/phone numbers to circumvent controls);

(f) Misuse of communication channels (such as spamming, phishing, spoofing ZNF, flooding support channels, or bypassing established support triage procedures).

Unauthorized access or circumvention of security measures may constitute a violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and Florida’s Computer-Related Crimes Act (Fla. Stat. § 815.06), in addition to representing a material breach of this Agreement.

21.3 Refusal of Service; Order Controls

To safeguard customers, personnel, systems, and brand integrity, ZNF reserves the right to refuse, cancel, suspend, or limit any order, account, refund, shipment, return, or communication; to require re-verification of identity or payment information; to place orders on hold for manual review; to mandate signature-on-delivery; to restrict purchase quantities; or to permanently prohibit a user, device, or network from access. Nothing herein shall be construed to permit discrimination prohibited by law; ZNF shall implement reasonable modifications and accommodations consistent with its Accessibility Statement and applicable law.

21.4 Reviews, Social Posts, and Communications

ZNF does not restrict its customers from submitting truthful reviews protected by the Consumer Review Fairness Act (CRFA). ZNF may take action against unlawful content, including but not limited to defamation, threats, harassment, false statements, impersonation, or doxxing, and against deceptive reviews, such as those that are fake, paid, or constitute astroturfing. Refer to the Product Review Guidelines, Content Policy, and Digital Digital Advertising & Analytics Policy Policy for further details.

21.5 Chargebacks, Payment Disputes, and "Friendly Fraud"

Should a customer dispute a payment with their issuing institution or payment service before utilizing ZNF’s established resolution channels, or if ZNF has reasonable suspicion of "friendly fraud," ZNF may immediately suspend the associated account, cancel any open orders, and initiate an investigation. The customer agrees to fully cooperate and provide the requested evidence, including receipts, proof of delivery, and photos or videos. The customer acknowledges that the time required for refunds to post is determined by the card networks and issuing banks; even after ZNF issues a credit, posting to the customer's account may take additional time. Refer to the Shipping & Delivery Policy, Cancelations, Returns, Refunds & Title Policy, and Purchases, Subscriptions & Pre-Orders Policy for related information. ZNF may pursue recovery of associated losses, including chargeback/representment fees, shipping costs, restocking fees, investigation expenses, and reasonable attorneys’ fees, via binding arbitration pursuant to § 16 or in an appropriate court where arbitration is not available.

21.6 Automated Access and Operator Accountability

Any automated or programmatic access to ZNF's services or systems shall bind the operator, deployer, sponsor, and beneficiary of such access to these Terms of Use (TOU). By employing bots or crawlers, the user represents and warrants that they possess the authority to bind the principal entity. ZNF may implement technical, legal, and operational controls, including IP, domain, or device blocking; token gating; crawl-delay mechanisms; and watermarking, and may seek injunctive relief, monetary damages, and statutory remedies, including those available under the Computer Fraud and Abuse Act (CFAA), Florida Statute § 815.06, and the Digital Millennium Copyright Act (DMCA) anti-circumvention provisions (17 U.S.C. § 1201).

21.7 Investigations, Holds, and Cooperation with Law Enforcement

ZNF may monitor, log, preserve, and disclose transaction and access data in a manner consistent with the Privacy Policy and Information Security Policy & Responsible Vulnerability Disclosure Policy; institute holds on orders or funds during the pendency of an investigation; and report suspected unlawful activity to payment providers, anti-fraud networks, and/or relevant law enforcement authorities.

21.8 Cancellations, Refunds, and Processing Times

ZNF reserves the right to cancel orders due to risk, verification failures, or policy violations. Should ZNF issue a refund, the user acknowledges that standard bank and card network processing times apply, and the credit may not be reflected immediately on their statement; the precise timing is subject to the issuing institution and network. Refer to the Cancelations, Returns, Refunds & Title Policy and Shipping & Delivery Policy for further details.

21.9 Permanent Bans; Prohibition on Circumvention

In the event that ZNF implements a ban on an account, individual, entity, device, or network, the user agrees not to circumvent such ban (e.g., establishing new accounts, utilizing proxies or Virtual Private Networks (VPNs), employing new email addresses or phone numbers, or using nominees). ZNF may enforce such bans across all ZNF Sites, marketplace storefronts, and communication channels.

21.10 Non-Retaliation and Legal Compliance

ZNF shall not retaliate against lawful, good-faith consumer complaints or honest reviews that are protected under the Consumer Review Fairness Act (CRFA). This Section serves to deter abuse, fraud, and unlawful conduct and does not constitute a waiver of ZNF’s obligations under applicable anti-discrimination laws or accessibility laws.

21.11 Remedies and Cumulative Rights

The rights and remedies available to ZNF under this Section are cumulative and are in addition to all other rights available under this Agreement, the Legal Notice Disclaimer, and applicable law (including, but not limited to, injunctive relief, actual damages, statutory damages, treble damages where permitted, costs, and reasonable attorneys’ fees). Potential remedies under Florida law may encompass claims pursuant to the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and, where supported by the facts, civil theft (Florida Statutes § 772.11).

21.12 Dispute Resolution

All disputes arising from or relating to this Section shall be resolved exclusively through binding arbitration in accordance with § 16 (Dispute Resolution; Binding Arbitration; Waiver of Class Actions; Severability); the Federal Arbitration Act shall govern the enforceability of this provision. In instances where arbitration is unavailable, the venue and jurisdiction terms set forth in § 8 shall apply.

21.13 Security Review, Know Your Customer (KYC), and Risk Scoring (Additional Protection)

To mitigate instances of fraud and platform abuse, the user authorizes ZNF to conduct risk-based identity and payment verification processes. These processes include, but are not limited to, KYC-style checks, device fingerprinting, velocity/risk scoring, and sanctions screening, all of which are consistent with the Information Security Policy & Responsible Vulnerability Disclosure Policy. Refusal to cooperate with or failure to pass this verification may result in the cancellation of orders, application of payment holds, or the imposition of permanent bans from the platform.

21.14 Evidence Preservation; Adverse Inference

The user agrees to preserve relevant evidence, such as emails, chat logs, device logs, photographs, and product packaging, that is reasonably related to any prospective dispute or claim. Should the user destroy or materially alter such evidence after receiving notice of a dispute, ZNF reserves the right to seek adverse inferences or other appropriate relief in arbitration or judicial proceedings.

21.15 No Reverse-Engineering of Risk Controls

The user shall refrain from probing, testing, bypassing, or reverse-engineering ZNF’s systems designed for anti-fraud, anti-abuse, or access-control purposes. This includes, but is not limited to, measures such as IP throttling, CAPTCHA mechanisms, device fingerprinting, token gating, address verification, or geofencing. Any attempted circumvention constitutes a material breach of these terms and may lead to the pursuit of injunctive relief and statutory claims under the Computer Fraud and Abuse Act (CFAA), Florida Statute § 815.06, and 17 U.S.C. § 1201.

21.16 Pre-Dispute Cooperation for Non-Fraud Payment Issues

To the maximum extent permitted by law and card network regulations, the user agrees first to attempt to resolve non-fraud-related disputes (e.g., those concerning product quality or fulfillment delays) with ZNF through customer support and the procedures outlined in Section 16.1, prior to initiating a chargeback. While this provision does not waive any non-waivable consumer rights, it intends to reduce unnecessary disputes and processing delays; network and issuer timelines shall remain controlling.

22. CONCLUSION

Thank you for reviewing these Terms of Use. This Agreement explains how Z Natural Foods operates, what we commit to provide, and what we require from every person or automated agent that accesses or uses our Sites or Services, whether directly or via crawlers, bots, scrapers, or other programmatic tools, and whether located inside or outside the United States.

For convenience, ZNF’s current legal policies and notices are posted on our Legal page at https://www.znaturalfoods.com/pages/legal and are incorporated by reference into this Agreement. If you have questions, please contact Customer Care or the topic-specific contact listed in the applicable policy.

If a concern or dispute arises, you must follow the Initial Dispute Resolution process and the Binding Arbitration requirements set forth in §16. Your continued use of the Sites or Services constitutes acceptance of the then-current Terms, including all incorporated policies and dispute-resolution requirements.

By using our Sites, Products, Services, Service Providers, placing an order, or contacting us through any channel, you acknowledge that you have read, understand, and agree to be bound by this Agreement and all incorporated ZNF policies referenced above and available on the Legal page.

Accessibility Statement

Last Updated: January 1, 2026

This Accessibility Statement (“Statement”) is issued by Z Natural Foods LLC (“ZNF,” “we,” “us,” or “our”), a Florida company operating from West Palm Beach, Palm Beach County, Florida.

This Statement describes ZNF’s approach to accessibility and effective communication in connection with our customer-facing operations. It applies, to the fullest extent permitted by law, to ZNF-controlled digital and customer-facing channels, including without limitation:

• ZNaturalFoods.com and related websites;
• mobile and checkout experiences;
• account and order-management functions;
• customer-service communications;
• phone and email ordering;
• local pickup interactions;
• marketplace and social-commerce content controlled by ZNF; and
• other ZNF-controlled communications, services, and workflows through which ZNF offers information, products, or services to retail consumers, wholesale customers, and other lawful users.

This Statement is part of ZNF’s broader legal framework and should be read together with our Legal Page, Privacy Policy, Cookie Policy, Terms of Use, and the other applicable ZNF legal policies posted on our Legal Page.

1. Our Accessibility Commitment

ZNF is committed to using commercially reasonable efforts to promote meaningful access to our goods, services, and information for individuals with disabilities and to support effective communication where required by applicable law.

Our goal is to improve usability and accessibility over time for ZNF-controlled content, communications, and customer-service interactions while balancing evolving technology, operational realities, third-party dependencies, security considerations, and applicable legal requirements.

We welcome feedback that helps us improve accessibility over time.

2. Legal and Technical Framework

ZNF’s accessibility efforts are informed by applicable law and recognized accessibility guidance, including:

• the Americans with Disabilities Act, including principles concerning public accommodations and effective communication;
• applicable Florida public-accommodations law;
• the Web Content Accessibility Guidelines (“WCAG”) 2.2 Level AA as an accessibility benchmark for ZNF-controlled digital content; and
• other applicable federal, state, and local legal requirements, to the extent they apply to the relevant interaction or channel.

Nothing in this Statement shall be construed as an admission that any particular statute, regulation, or legal standard applies in every circumstance, to every user, or to every ZNF platform, page, transaction, facility, or communication.

3. Scope of Accessibility Support

ZNF may provide accessibility-related assistance, where reasonably feasible and legally required, in connection with:

• browsing and using ZNF-controlled digital content;
• obtaining product, order, or customer-service information;
• placing orders through our website, by phone, or by email;
• receiving order-related communications;
• coordinating local pickup at a ZNF facility or designated pickup point;
• wholesale, quote, invoice, freight, or other customer-service workflows under ZNF control; and
• other ZNF-controlled customer-facing interactions.

This Statement is drafted primarily for ZNF’s U.S.-based operations and does not constitute an admission that any non-U.S. accessibility law applies in every international interaction or transaction. Non-waivable rights under mandatory law remain preserved to the extent such law validly applies.

4. Accessibility Measures and Ongoing Improvement

ZNF may use a variety of measures to improve accessibility, including, where appropriate:

• semantic page structure and readable formatting;
• headings, labels, and navigational features designed to improve usability;
• keyboard-supportive navigation;
• text alternatives or other descriptive content for certain images or features;
• captions, transcripts, or text equivalents for certain media where applicable;
• efforts to improve compatibility with commonly used browsers, devices, and assistive technologies;
• automated and manual review, testing, monitoring, and remediation efforts;
• staff training and internal process improvements; and
• accessibility-supporting tools, widgets, or applications.

Compatibility can vary based on browser, device, operating system, assistive technology, third-party platforms, and ongoing platform or software changes.

5. Third-Party Platforms, Tools, and Content

ZNF may use third-party technologies, service providers, widgets, embedded applications, marketplaces, social-commerce channels, payment processors, shipping or tracking tools, hosting providers, and other external systems in connection with its business.

Accordingly:

1. some portions of the customer experience may be hosted, rendered, or affected by third-party systems not owned or fully controlled by ZNF;
2. ZNF does not warrant the accessibility, compatibility, availability, uptime, or legal compliance of third-party tools, websites, marketplaces, carriers, or external platforms; and
3. if a third-party feature creates difficulty in connection with a ZNF product or service, we encourage you to contact us so we can evaluate whether an alternative method of access, communication, or assistance is reasonably available.

6. Accessibility Assistance and Contact Information

If you experience difficulty accessing any ZNF-controlled content, completing a transaction, coordinating a pickup, or communicating with us due to a disability, you may contact us and request assistance.

Accessibility Contact Information
Email: accessibility@znaturalfoods.com
Phone: +1-888-963-6637
Mail:
Z Natural Foods LLC
5407 N Haverhill Rd, Unit #336
West Palm Beach, FL 33407

To help us investigate and respond efficiently, please provide, where available:

• the page, feature, transaction, or communication involved;
• a description of the issue encountered;
• the device, browser, or assistive technology used, if relevant;
• the date and approximate time of the issue; and
• your preferred method of contact.

Accessibility assistance may be subject to reasonable identity-verification, safety, security, scheduling, and pickup-release procedures, particularly for order, account, payment, pickup, wholesale, freight, or other transaction-related matters.

Where required by applicable law and reasonably feasible under the circumstances, ZNF will use commercially reasonable efforts to provide effective communication or an alternative method of access to the relevant information, service, or transaction.

7. Privacy, Cookies, and Security

Accessibility-related requests, forms, tools, widgets, preference settings, chat functions, logs, and related technical interactions may involve the collection, use, storage, or transmission of personal information, device data, or technical data.

Those activities are also subject to ZNF’s Privacy Policy, Cookie Policy, Information Security Policy, and other applicable ZNF legal policies.

8. No Warranty; No Admission; Evolving Environment

ZNF is committed to ongoing accessibility efforts, but accessibility is an evolving process affected by changing technologies, standards, browsers, devices, operating systems, assistive technologies, platforms, and third-party systems.

Accordingly, to the fullest extent permitted by law:

• this Statement does not constitute a warranty or guarantee that every page, feature, function, communication, or integration will be accessible, uninterrupted, error-free, or compatible with every user or technology at all times;
• temporary limitations, errors, delays, or compatibility issues may occur;
• nothing in this Statement constitutes an admission of liability, discrimination, defect, legal noncompliance, or waiver of any defense, exemption, threshold requirement, or cure opportunity available to ZNF; and
• ZNF reserves the right to modify, suspend, replace, remove, or discontinue features, tools, platforms, or workflows at any time, to the fullest extent permitted by law.

Nothing in this Accessibility Statement expands any legal duty beyond what is otherwise required by applicable law.

9. Relationship to Other ZNF Policies and Transactions

This Statement does not alter the contractual rules governing order placement, payment authorization, fraud screening, shipping, local pickup, returns, marketplace transactions, wholesale or freight operations, or other business processes. Those matters remain governed by the applicable ZNF legal policies, including the Terms of Use and transaction-specific policies.

If an accessibility-related issue affects a transaction, ZNF may, where reasonably feasible and legally required, work with the customer to identify an alternative communication or ordering path. However, ZNF does not waive its operational, verification, security, safety, pickup, carrier, customs, fraud-prevention, or contractual requirements by providing accessibility assistance.

10. Limitation of Liability

To the fullest extent permitted by applicable law, ZNF’s sites, services, accessibility-related tools, and customer-service channels are provided on an “as is” and “as available” basis. ZNF disclaims all warranties, express, implied, or statutory, regarding accessibility features, compatibility, uninterrupted operation, or third-party functionality, except to the extent non-waivable law provides otherwise.

To the fullest extent permitted by law, all limitations of liability, disclaimers, damages exclusions, risk-allocation provisions, and exclusive-remedy terms set forth in ZNF’s Terms of Use and other applicable ZNF legal policies are incorporated into this Statement by reference and shall apply to any accessibility-related claim, interaction, or dispute.

11. Dispute Resolution; Arbitration; Class Waiver

Any dispute, claim, or controversy arising out of or relating to this Statement, any accessibility-related interaction, any request for assistance, any alleged barrier to access, or any related ZNF site, service, communication, product, or transaction shall be governed by the dispute-resolution provisions of ZNF’s Terms of Use, including binding arbitration and class-action waiver to the fullest extent permitted by law.

Nothing in this Statement is intended to impair any non-waivable right or remedy that applicable law requires to remain available.

12. Governing Law; International Use

To the fullest extent permitted by law, this Statement shall be governed by the governing-law framework set forth in ZNF’s Terms of Use, including Florida law and, where applicable, the Federal Arbitration Act for arbitration-related matters.

Users who access ZNF from outside the United States do so at their own risk and remain responsible for compliance with any law validly applicable to them. Nothing in this Statement shall be construed as a concession that any foreign law governs ZNF in every international interaction, sale, shipment, pickup, or communication.

13. Updates; Severability; Preservation of Rights

ZNF may revise, update, or amend this Statement at any time by posting the revised version on the applicable Legal Page or other appropriate location.

Continued use of ZNF’s sites, services, or customer-facing channels after the effective date of an updated Statement constitutes acceptance to the fullest extent permitted by law.

If any provision of this Statement is held invalid, unlawful, or unenforceable, that provision shall be interpreted or limited only to the minimum extent necessary, and the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

Official Accessibility Resources

The following official resources may be helpful for users seeking more information about web accessibility, effective communication, and accessibility standards:

• Guidance on Web Accessibility and the ADA (ADA.gov) opens in a new tab
• ADA Requirements: Effective Communication (ADA.gov) opens in a new tab
• Web Content Accessibility Guidelines (WCAG) 2.2 (W3C) opens in a new tab
• How to Meet WCAG 2.2 Quick Reference (W3C) opens in a new tab

If you have questions or need assistance, please contact our Customer Care team. For topics governed by dedicated policies, please consult the complete, current versions on our Legal page; each is incorporated by reference into this Agreement and applies to all access and use of our Sites, Products, and Services, including automated access. These policies include, without limitation: Terms of Use Policy, Privacy Policy, Legal Notice Disclaimer, Return Policy, Accessibility Statement, California Prop 65 Notice, Subscriptions, Shipping Policy, Cookie Policy, DMCA Compliance Statement, Mobile Terms of Service, Content Policy, Advertising & Analytics Policy, Information & Security Policy, Product Reviews Policy, Agent Terms, GDPR Statement, and CCPA Opt-out.

If a concern or dispute arises, you must follow the Initial Dispute Resolution process and the Binding Arbitration requirements set forth in §16. Your continued use of the Sites or Services constitutes acceptance of the then-current Terms, including all incorporated policies and dispute-resolution requirements.

By using our Sites, Products, Services, Service Providers, placing an order, or contacting us through any channel, you acknowledge that you have read, understand, and agree to be bound by this Agreement and all incorporated ZNF policies referenced above and available on the Legal page.

Thank you for reviewing these policies. If you have questions or need assistance, please contact our Customer Care team. For topics governed by dedicated policies, please consult the complete, current versions on our Legal page; each is incorporated by reference into this Agreement and applies to all access and use of our Sites and Services, including automated access. These policies include, without limitation: Terms of Use Policy, Privacy Policy, Legal Notice Disclaimer, Return Policy, Accessibility Statement, California Prop 65 Notice, Subscriptions, Shipping Policy, Cookie Policy, DMCA Compliance Statement, Mobile Terms of Service, Content Policy, Advertising & Analytics Policy, Information & Security Policy, Product Reviews Policy, Agent Terms, GDPR Statement, and CCPA Opt-out.

If a concern or dispute arises, you must follow the Initial Dispute Resolution process and the Binding Arbitration requirements outlined in §16 of the TOU. Your continued use of the Sites or Services constitutes acceptance of the then-current Terms, including all incorporated policies and dispute-resolution requirements.

By using our Sites, Services, Service Providers, placing an order, or contacting us through any channel, you acknowledge that you have read, understand, and agree to be bound by this Agreement and all incorporated ZNF policies referenced above and available on the Legal page.

Shipping & Delivery Policies

Effective Date: January 1, 2026

Free Shipping (Contiguous U.S.) – Offer Summary (As Shown at Checkout):
FREE standard shipping may be available for qualifying orders shipped to the 48 contiguous U.S. states with a merchandise subtotal of $75+ after discounts (excluding taxes/fees). Eligibility, exclusions, and carrier/service selection are determined at checkout. Multiple shipping addresses count separately. For other destinations (including international), shipping cost is calculated at checkout.

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1. GENERAL PROVISIONS; INCORPORATION; ACCEPTANCE ACROSS ALL ORDER CHANNELS

1.1 Who We Are. Z Natural Foods LLC (“ZNF,” “we,” “us,” “our”) fulfills orders from West Palm Beach, Florida.

1.2 This Policy Is Part of Your Agreement With ZNF. This Shipping & Delivery Policy (“Shipping Policy”) is incorporated by reference into ZNF’s Terms of Use (“TOU”) and must be read together with all legal policies posted on our Legal page (collectively, the “ZNF Legal Policies”).

ZNF Legal Page (All Policies): https://www.znaturalfoods.com/pages/legal
Privacy Policy: https://www.znaturalfoods.com/pages/legal/privacy-policy
Cookie Policy: https://www.znaturalfoods.com/pages/legal/cookies-policy

1.3 Binding Effect Regardless of How an Order Is Placed. By using our Sites/Services or placing an order through any means (including website checkout, phone, email, marketplace storefront, purchase order, EDI, local pickup, invoice/quote approval, or any authorized automated/agentic ordering system), you agree you are bound by the TOU, this Shipping Policy, and all ZNF Legal Policies then in effect. Electronic contracts, records, signatures, and electronic-agent transactions may not be denied legal effect solely because they are electronic.

1.4 Order of Precedence (Alignment With Other ZNF Policies). If there is a direct conflict among policies on the same topic, the precedence is: (1) TOU, (2) Purchases/Subscriptions/Pre-Orders Policy, (3) Shipping Policy, then (4) Cancelations/Returns/Refunds/Title Policy, unless ZNF expressly states otherwise in writing.

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2. ORDER ACCEPTANCE; PROCESSING; CUSTOM / PRIVATE LABEL LEAD TIMES

2.1 Order Acceptance. Product pages, listings, catalogs, and quotations are invitations to make an offer. A contract is not formed until ZNF accepts the order (e.g., by shipping/tendering to a carrier, or releasing goods for pickup).

2.2 Standard Processing Time (Business Days). We make commercially reasonable efforts to ship in-stock orders promptly (often within ~24 business hours on business days), subject to payment authorization, fraud screening, verification, inventory, operational constraints, and force majeure.

2.3 Custom Orders & Customization Lead Times. Custom products, custom packaging, private labeling/custom labeling, export-prepared lots, or other customization requests require additional processing time to complete requested work (e.g., label creation/approval, production scheduling, compliance review, lot/traceability controls, QC, packaging). Any timeframes provided are estimates only unless ZNF expressly guarantees them in a signed writing.

2.4 Split Shipments. Depending on availability and operational needs, items within a single order may ship in multiple packages or shipments.

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3. DOMESTIC PARCEL SHIPPING (B2C AND SMALL B2B)

3.1 Where Orders Ship From. Standard parcel orders ship from West Palm Beach, Florida (South Florida).

3.2 Domestic Options (Examples; Availability Varies). We may ship via:

• USPS (United States Postal Service): Priority Mail (estimated 2–3 business days, sometimes longer)
• UPS: available services vary; “on customer account” may be available for approved business customers
• FedEx: Priority Overnight, Standard Overnight, 2Day, Express Saver (3 Day), Ground (varies by location), or on customer account (businesses; upon request and approval)
• DHL: select services may be offered where available (often international; availability varies by lane/destination/carrier restrictions)

3.3 Transit Times Are Estimates Only. All transit times are carrier estimates and are not guaranteed. We encourage ordering with adequate lead time for weather, peak congestion, and carrier disruptions.

Heat/Humidity Note (Foods & Botanicals). Some products may be sensitive to heat/humidity exposure in transit and post-delivery environments. Where time/temperature sensitivity is a concern, choose an expedited service at checkout where available. ZNF is not responsible for product degradation caused by carrier delays or post-delivery storage/handling outside ZNF’s control, to the maximum extent permitted by law.

3.4 P.O. Boxes / Military Addresses.

• If shipping to a P.O. Box, USPS may be required.
• APO/FPO/DPO: shipped via USPS; delivery can take approximately 1–6 weeks; tracking may be limited or unavailable after certain handoffs.

3.5 Free Shipping (If Offered). If your checkout displays a free-shipping promotion (e.g., “free standard shipping over $75” for the 48 contiguous states), the promotion applies only as displayed at checkout (after discounts and subject to exclusions). Exclusions may include, without limitation, freight/pallet orders, oversized/special-handling items, custom/private-label orders, and certain destinations. ZNF may choose the carrier/service for free shipping (e.g., FedEx Ground or USPS Priority) based on destination and service reliability.

Service Maps / Transit Illustrations: Any carrier map displayed is a general illustration of typical transit estimates and is not a guarantee of delivery on any specific date.

FedEx Ground Service Map (Estimates Only):

Transit times vary by lane, weather, peak periods, and carrier operations and are not guaranteed. If you require time-definite delivery, select an express service at checkout where available.

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4. CUT-OFF TIMES; WEEKENDS; HOLIDAYS

4.1 Cut-Off Times (General Guidance; Not a Guarantee).

• FedEx Ground orders placed before 12:00 p.m. ET generally ship the same day.
• FedEx Express orders placed before 3:00 p.m. ET generally ship the same day.
• USPS orders placed before 12:00 p.m. ET generally ship the same day.

Orders placed after cut-off may ship the next business day.

4.2 Weekends and Holidays. Fulfillment operations are generally Monday–Friday. Orders placed Saturday/Sunday are typically processed for shipment on Monday (or the next business day). Orders placed after the Friday cut-off time typically ship Monday (or the next business day).

4.3 FTC Shipment Timing Rule for Mail/Internet/Telephone Orders (B2C). For covered orders, ZNF intends to comply with the FTC’s Mail, Internet, or Telephone Order Merchandise Rule, including having a reasonable basis for stated shipping times, and providing required delay/consent or cancellation/refund options when shipment cannot occur within the promised time (or within 30 days if no time is stated).

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5. SHIPPING CHARGES; “CALCULATED LATER”; CUSTOMER ACCOUNT SHIPPING

5.1 How Shipping Charges Are Determined. Shipping cost is based on size, weight, packaging requirements, service level, destination, and carrier pricing (including surcharges).

5.2 Checkout Display. During checkout, available shipping methods and costs are displayed when supported by the carrier/checkout system.

5.3 “Shipping Will Be Calculated Later.” If checkout displays “shipping will be calculated later,” ZNF may email shipping options and totals before finalizing the transaction. ZNF may cancel if approval/payment is not received within the stated window.

5.4 Shipping on Customer Account (B2B). Where approved, ZNF may ship on a customer’s carrier account (UPS/FedEx/freight). The customer represents it is authorized to use the account and is responsible for carrier charges, surcharges, accessorials, address corrections, re-deliveries, and related fees.

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6A. LOCAL PICKUP (WEST PALM BEACH “WILL CALL”)

6A.1 Availability; Scheduling. Local pickup may be offered for certain orders at ZNF’s West Palm Beach facility by appointment or during stated pickup hours. ZNF may limit pickup eligibility, impose cutoffs, and require confirmation that an order is ready before release.

6A.2 Authorized Pickup; Verification. ZNF may require order-number verification, government-issued ID, payment verification, and signature at pickup. If a third party (employee, courier, freight driver, agent) is collecting an order, Customer must provide written authorization and any credentials ZNF reasonably requests. ZNF may refuse release where identity or authority cannot be reasonably verified.

6A.3 Completion of Delivery; Risk Transfer. ZNF’s delivery obligation is satisfied upon tender and release of the goods to Customer or Customer’s authorized representative at the pickup location. To the fullest extent permitted by law, risk of loss transfers upon such tender/release.

6A.4 Holding Window; Storage Fees; Abandonment. ZNF may impose a holding window and may charge commercially reasonable storage/handling fees for extended holding or repeated rescheduling. Orders not collected within the stated window may be cancelled and handled under the Cancelations/Returns/Refunds/Title Policy to the fullest extent permitted by law.

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6. INTERNATIONAL SHIPPING (NON-U.S.)

6.1 Methods. International shipping may be offered via USPS First Class, Priority, and Express Mail, and/or FedEx and/or DHL (service availability varies by destination and carrier restrictions).

6.2 Transit Times. International delivery is typically estimated around two (2) weeks after shipment, but actual timing varies materially by country, customs procedures, and carrier operations. Estimates are not guarantees.

6.3 Customs Fees, Duties, Taxes, and Import Compliance. All customs fees, duties, VAT/GST, taxes, brokerage fees, permits, and governmental charges are the customer’s responsibility. Unless expressly agreed in writing, the customer is the importer of record and responsible for local import legality and compliance.

6.4 Documentation Requirements. If your country requires specific documentation for clearance, you must inform ZNF before ordering so we can determine feasibility. ZNF may refuse or cancel orders where compliance is uncertain or commercially unreasonable.

6.5 Customs Holds; Refusals; Seizures; Return-to-Origin. ZNF is not liable for delays, holds, refusals, seizures, destruction, abandonment, or return-to-origin outcomes caused by customs authorities, destination-country regulations, broker actions, carrier actions, unpaid duties/taxes, missing or inaccurate import/consignee information, or destination restrictions. If an international shipment is refused, returned, abandoned, or destroyed, any refund or credit is governed solely by the Cancelations/Returns/Refunds/Title Policy and may be reduced by shipping, brokerage, storage, demurrage, disposal, and administrative costs to the fullest extent permitted by law.

6.6 Export Controls; Sanctions; Restricted Parties. ZNF may refuse, suspend, cancel, or hold any transaction or shipment where ZNF believes, in its sole discretion, that fulfillment could violate export controls, sanctions, carrier restrictions, or other legal requirements, or where required compliance information is incomplete or commercially unreasonable to obtain. Customer represents and warrants that its purchase and any resale, export, re-export, transfer, or end use will comply with applicable law.

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7. FREIGHT / BULK COMMERCIAL SHIPMENTS (B2B): LTL, FTL, FULL CONTAINER, EXPORT

This section applies to shipments tendered as freight (including palletized LTL, full truckload, intermodal/containerized, and export shipments), including shipments arranged by ZNF or by the customer.

7.1 Quotes; Freight Class; Weights/Dimensions; Adjustments. Freight quotes are estimates based on declared weights/dimensions, packaging, lane, freight class/NMFC where applicable, and accessorial assumptions. Carriers may reweigh, reclass, or assess additional fees. The customer is responsible for carrier adjustments unless caused solely by ZNF’s material misdescription.

7.2 Accessorial Charges (Customer Responsibility). Customer is responsible for accessorial charges, including, without limitation: liftgate, appointment delivery, limited-access/residential delivery, inside delivery, redelivery, detention, layover, driver assist, storage, reconsignment/reroute, port/terminal fees, chassis fees, demurrage, and other carrier/terminal assessments.

7.3 Receiving Obligations; Delivery Appointments; Unloading. Customer must have appropriate receiving capability (dock/forklift/pallet jack/labor) and must meet carrier delivery appointments. Failed delivery, refusal, inability to unload, or non-availability may trigger additional carrier charges and/or return-to-sender fees at the customer’s expense.

7.4 Inspection at Delivery; Notation on BOL/POD. The customer must inspect the freight at delivery before signing and must:

• Note visible damage, shortage, or compromised shrink-wrap/strapping on the delivery receipt/BOL,
• Take clear photos of pallet(s), wrap/straps, labels, and damage, and
• Retain packaging and product pending claim resolution.

Failure to note exceptions or preserve evidence may impair claims and remedies.

7.5 Freight Claims and Carrier-Liability Frameworks (Legal Baselines). Carrier liability and claims handling often depend on the mode of transport and the carrier’s governing bill of lading/tariff, including:

• U.S. interstate motor/rail freight: claims timing protections under the Carmack Amendment framework (minimum 9 months to file a claim and 2 years to sue after written denial).
• Ocean carriage to/from U.S. ports in foreign trade: COGSA commonly limits carrier liability to $500 per package (or customary freight unit), subject to declared value and bill of lading terms.
• International air cargo: Montreal Convention liability limits use SDR-based frameworks and are periodically adjusted by ICAO.

Minimum Claim Elements; Timing Baselines. Without limiting carrier terms, U.S. interstate motor-freight carriers may not set a claims period shorter than nine (9) months or a lawsuit period shorter than two (2) years after written claim denial, and written claims generally must identify the shipment, assert liability, and demand a specified or determinable amount, subject to the governing bill of lading and applicable law.

ZNF may provide reasonably available documentation (invoice, packing list, BOL reference). Still, unless ZNF expressly agrees otherwise in writing, the customer is responsible for timely filing carrier claims and for complying with carrier claim procedures.

7.6 Customer-Arranged Freight / Customer Carrier Pickup. If the customer arranges pickup or designates a carrier, ZNF’s delivery obligation is satisfied upon tender to that carrier (or pickup agent) at ZNF’s facility, subject to the TOU and applicable law.

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8. TRACKING; DELIVERY CONFIRMATION; SIGNATURES; SPECIAL INSTRUCTIONS

8.1 Tracking. When available, ZNF provides tracking by email. Tracking details vary by carrier and service level. Certain USPS services may show limited “delivery confirmation,” and some international services may provide limited or no tracking.

8.2 Signature Requirements. ZNF typically does not request signatures, except for large/high-value orders or as a fraud-prevention measure. Carriers/drivers may require a signature at their discretion.

8.3 Special Delivery Instructions. ZNF may pass customer instructions to the carrier, but the carrier may not comply, and ZNF cannot guarantee compliance.

8.4 “DELIVERED” Scans; Theft After Delivery. Carrier delivery scans, POD records, delivery receipts, and similar carrier confirmation data are treated as evidence of delivery to the address provided by Customer. Once a shipment is marked delivered by the carrier, ZNF is not an insurer against theft or loss occurring after delivery. Customers must promptly report suspected theft or misdelivery and cooperate with reasonable documentation requests (e.g., carrier case number, affidavit, photos, police report where appropriate). Any goodwill reshipment or credit is governed exclusively by the Cancelations/Returns/Refunds/Title Policy and does not constitute an admission of liability.

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9. ADDRESS ACCURACY; UNDELIVERABLES; REFUSED SHIPMENTS

9.1 Customer Responsibility for Correct Address. The customer is responsible for accurate delivery information. Address correction fees, reroutes, redeliveries, and return-to-sender fees caused by customer error are the customer’s responsibility.

9.2 Undeliverable or Refused Packages. If a package is refused or undeliverable due to an incorrect/incomplete address, failure to claim, refusal to pay duties/taxes, or refusal, ZNF may charge actual reshipping costs and a reasonable restocking/handling fee for goods that can be safely returned to inventory; perishable/opened items generally cannot be restocked.

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10. RETURNS AND PRODUCT ISSUES (RETURNS/REFUNDS POLICY CONTROLS)

10.1 Returns/Refunds Policy Governs. This Shipping Policy does not create an independent right to return or refund. All product issues (damage, defect, wrong item, missing items, dissatisfaction) are governed by ZNF’s Cancelations/Returns/Refunds/Title Policy and other applicable ZNF Legal Policies.

10.2 Damage/Defect/Wrong Item Deadline and Evidence. If your order arrives damaged, defective, missing items, or incorrect, you must:

• Notify ZNF in writing within seven (7) days of delivery,
• Provide photos (and if requested, video) of product, lot code, packaging, and shipping label, and
• Retain the product and all original packaging until the claim is resolved.

Failure to meet these requirements may result in claim denial.

10.3 No “Keep and Refund”; No Product, No Refund. A return is a condition for a refund/credit for return-eligible items; you may not keep or dispose of the product and also demand a refund/credit, absent ZNF’s written authorization.

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11. TITLE AND RISK OF LOSS (PARCEL + FREIGHT) — ALIGNED AND NON-CONTRADICTORY

11.1 UCC Baseline; Contract Controls. Risk of loss is allocated consistent with the Uniform Commercial Code and Florida’s adopted UCC provisions unless ZNF expressly states otherwise in writing. Florida’s default rule for shipment contracts provides that risk passes when the goods are duly delivered to the carrier, unless the contract requires delivery to a particular destination.

11.2 TOU Allocation (Carrier Selection Distinction). The TOU states that risk of loss transfers upon shipment and distinguishes responsibility based on whether ZNF selects the carrier or the purchaser designates the carrier. This Shipping Policy is intended to operate consistently with that TOU provision and with the Returns/Refunds evidence and deadline requirements.

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12. FORCE MAJEURE; LIMITATION OF SHIPPING LIABILITY

12.1 Force Majeure. ZNF is not liable for delays or failures caused by events beyond our reasonable control (carrier delays, severe weather, port congestion, labor disruptions, governmental actions, customs holds, sanctions/export compliance, supply disruptions, etc.).

12.2 Limits and Caps Govern. Limitation-of-liability provisions in the TOU apply to shipping and delivery issues. Remedies are limited as provided in the TOU and the Returns/Refunds policy, subject to non-waivable rights.

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13. MARKETPLACE / THIRD-PARTY CHANNEL ORDERS

If you purchase through a third-party marketplace or reseller (e.g., Amazon, Walmart, eBay, Etsy, TikTok, social-commerce platforms), you may also be subject to that party’s workflow. However, as between you and ZNF, and to the maximum extent permitted by law, the ZNF Legal Policies govern evidence preservation, eligibility, title/risk rules, and anti-abuse protections where ZNF is the seller/merchant of record.

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14. DISPUTE RESOLUTION; BINDING ARBITRATION (TOU §16 CONTROLS)

By placing an order with ZNF, accessing, or using our Sites or Services, you explicitly agree that any dispute, claim, or controversy arising out of or relating to shipping/delivery (including freight issues, charges, delays, loss/damage allocation, or this policy) must follow the TOU’s required Notice of Dispute / informal resolution process and then, if unresolved, proceed in binding individual arbitration under TOU §16 (with the Federal Arbitration Act governing as specified in the TOU).

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15. NON-WAIVABLE RIGHTS / CONSUMER PROTECTION

Nothing in this Shipping Policy is intended to waive non-waivable rights under applicable law. Florida’s FDUTPA declares unfair or deceptive acts unlawful.

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16. NEED ASSISTANCE?

Please contact ZNF Customer Care using the contact methods provided through our Sites/Services.

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Legal Framework References (Non-Exhaustive; Informational)

• FTC Mail, Internet, or Telephone Order Merchandise Rule (16 C.F.R. Part 435): FTC Rule Page
• Florida UCC Risk of Loss (Fla. Stat. § 672.509): Statute
• FDUTPA (Fla. Stat. § 501.204): Statute
• Carmack Amendment minimum claim/suit periods (49 U.S.C. § 14706(e)): Statute
• Minimum freight claim elements (49 C.F.R. § 370.3): Regulation
• COGSA $500/package limitation concept (46 U.S.C. § 30701): Statute
• FAA enforceability baseline (9 U.S.C. § 2): Statute
• Florida UETA (Fla. Stat. § 668.50): Statute
• E-SIGN (15 U.S.C. § 7001): Statute
• EAR general prohibitions (15 C.F.R. Part 736): BIS (eCFR mirror)
• OFAC Sanctions List Service: OFAC
• ICAO Montreal Convention cargo limits (periodic revisions): ICAO Notice (PDF)

If you have questions or need assistance, please contact our Customer Care team. For topics governed by dedicated policies, please consult the complete, current versions on our Legal page; each is incorporated by reference into this Agreement and applies to all access and use of our Sites, Products, and Services, including automated access. These policies include, without limitation: Terms of Use Policy, Privacy Policy, Legal Notice Disclaimer, Return Policy, Accessibility Statement, California Prop 65 Notice, Subscriptions, Shipping Policy, Cookie Policy, DMCA Compliance Statement, Mobile Terms of Service, Content Policy, Advertising & Analytics Policy, Information & Security Policy, Product Reviews Policy, Agent Terms, GDPR Statement, and CCPA Opt-out.

If a concern or dispute arises, you must follow the Initial Dispute Resolution process and the Binding Arbitration requirements set forth in §16. Your continued use of the Sites or Services constitutes acceptance of the then-current Terms, including all incorporated policies and dispute-resolution requirements.

By using our Sites, Products, Services, Service Providers, placing an order, or contacting us through any channel, you acknowledge that you have read, understand, and agree to be bound by this Agreement and all incorporated ZNF policies referenced above and available on the Legal page.

Cookie Policy

Last updated: January 1, 2026

This Cookie Policy (“Cookie Policy”) describes how Z Natural Foods, LLC (“ZNF,” “Company,” “we,” “us,” or “our”) uses cookies, pixels, tags, local storage, software development kits, web beacons, session identifiers, embedded scripts, device identifiers, and similar technologies (collectively, “Cookies,” “Similar Technologies,” or, where broader terminology is helpful, “Trackers”) in connection with our websites, ecommerce storefronts, checkout flows, communications, customer-service tools, account interfaces, marketplace-controlled content, and other online or technology-enabled services that we own, operate, control, license, or lawfully administer (collectively, the “Services”).

This Cookie Policy is incorporated into and forms part of our Terms of Use, Privacy Policy, Digital Advertising & Analytics Policy, Your Privacy Choices / Data Sharing Opt-out Notice, U.S. State Privacy Addendum, GDPR Statement / EEA-UK-Switzerland Privacy Notice, International Privacy Addendum, Mobile Terms of Service, Information Security Policy, and all other applicable ZNF legal policies posted on our Legal page (collectively, the “ZNF Legal Policies”). By accessing or using the Services, you acknowledge that you have read and understood this Cookie Policy and agree that your use of the Services is subject to the ZNF Legal Policies to the fullest extent permitted by applicable law.

Nothing in this Cookie Policy is intended to waive, limit, narrow, or override any non-waivable right or obligation under applicable law.

 

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1. Scope; Jurisdictional Intent; Relationship to Other Policies

This Cookie Policy applies to Cookies, Similar Technologies, and Trackers used on or through ZNF-owned, ZNF-operated, ZNF-controlled, or ZNF-lawfully-administered digital properties and experiences, including, without limitation:

• public-facing websites and related pages;

• ecommerce storefronts and product pages;

• shopping-cart, checkout, payment, subscription, reorder, and order-management flows;

• account-login and customer-service interfaces;

• local-pickup-related digital workflows;

• embedded content, plugins, widgets, chat tools, review tools, survey tools, media tools, and social integrations;

• email, SMS/MMS, and similar communications that use pixels, tags, or comparable technologies;

• technologies deployed by or through service providers acting on our behalf; and

• marketplace, third-party storefront, social-commerce, or platform experiences to the extent ZNF controls the relevant content, tracking configuration, or privacy disclosures.

This Cookie Policy is intended to work together with ZNF’s broader privacy and legal framework. It is not intended to admit that any particular privacy, cookie, advertising, consumer-protection, data-localization, or foreign data-protection law applies in every circumstance, user interaction, transaction, shipment, communication, browser, device, country, or processing activity. Rather, this Cookie Policy is intended to provide baseline cookie and tracker disclosures while preserving ZNF’s ability to rely on all lawful exemptions, scope limitations, thresholds, defenses, technical-feasibility limits, and jurisdictional arguments available under applicable law.

This Cookie Policy is also intended to cover technologies used in connection with ZNF’s ecommerce stack, including, where applicable, Shopify-powered website or storefront components, UltraCart-powered storefront or checkout components, consent-management tools, analytics and advertising tools, fraud-prevention tools, and other vendors, integrations, and service providers selected by ZNF from time to time.

If there is a direct conflict between this Cookie Policy and another ZNF Legal Policy:

1. the Terms of Use control with respect to arbitration, class-action waiver, limitation of liability, governing law, venue, survival, evidentiary rules, and other general risk-allocation provisions;

2. the Privacy Policy controls with respect to ZNF’s general personal-information practices and baseline privacy disclosures;

3. this Cookie Policy controls with respect to cookie-, tracker-, browser-, and device-specific disclosures and choice mechanics;

4. the Your Privacy Choices / Data Sharing Opt-out Notice and U.S. State Privacy Addendum control with respect to U.S. state opt-out rights, GPC, sale/sharing/targeted-advertising issues, and state-specific rights; and

5. the GDPR Statement and International Privacy Addendum control with respect to international privacy rights, consent mechanics, and country- or region-specific privacy requirements to the extent those laws validly apply.

 

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2. Definitions

For purposes of this Cookie Policy:

“Cookies” means small text files, code snippets, or identifiers placed on, stored on, or accessed from your browser, device, application, or session in connection with your use of the Services.

“Similar Technologies” means technologies such as pixels, tags, web beacons, scripts, local shared objects, local storage, SDKs, APIs, device identifiers, browser identifiers, advertising identifiers, session-replay tools, analytics tags, and comparable mechanisms used to collect, receive, store, infer, observe, or transmit information.

“Trackers” means Cookies and all other technologies that help ZNF or its service providers access or store information on a device, use device resources, recognize a browser or device, observe interactions, or distinguish users, sessions, devices, or behaviors over time or across contexts.

“Necessary Cookies” means Cookies or Similar Technologies reasonably required for site operation, security, fraud prevention, authentication, checkout continuity, load balancing, privacy-preference preservation, consent recordkeeping, or providing services expressly requested by the user.

“Functional Cookies” means Cookies or Similar Technologies used to remember choices, settings, preferences, language, region, accessibility-related preferences, or user-interface customizations.

“Analytics Cookies” means Cookies or Similar Technologies used to measure traffic, site performance, engagement, conversion, attribution, diagnostics, experimentation, and related operational or business analytics.

“Advertising Cookies” means Cookies or Similar Technologies used to support marketing, audience building, segmentation, remarketing, retargeting, cross-context behavioral advertising, campaign attribution, ad measurement, personalization, or similar promotional activities.

“Session Cookies” means Cookies that generally expire when you end your browser session.

“Persistent Cookies” means Cookies that remain on your device for a defined period or until deleted.

“First-Party Cookies” means Cookies placed by ZNF or by a provider acting directly on ZNF’s behalf.

“Third-Party Cookies” means Cookies placed by third parties such as analytics vendors, advertising partners, embedded-content providers, social-media platforms, payment providers, ecommerce vendors, logistics-related tools, or other outside service providers.

“Global Privacy Control” or “GPC” means a browser-based or device-based privacy preference signal that, where recognized by applicable law, may communicate a request to opt out of certain sale, sharing, or targeted-advertising activities.

“Consent Management Platform” or “CMP” means a technology or interface used to present cookie or tracker choices, store user preferences, transmit privacy signals, or manage consent or withdrawal records where applicable.

 

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3. No Overstatement of Coverage; Reservation of Rights and Defenses

This Cookie Policy is intended to maximize ZNF’s contractual, statutory, common-law, evidentiary, operational, and equitable protections to the fullest extent permitted by law while providing users with legally relevant transparency regarding Cookies and Trackers.

Accordingly, nothing in this Cookie Policy shall be construed as:

• an admission that ZNF is subject to every U.S. state privacy law, every foreign cookie law, or every data-protection law in every circumstance;

• a waiver of any exemption, carveout, threshold limitation, jurisdictional defense, or technical-feasibility limitation;

• a representation that identical rights, consent rules, or opt-out rights exist in every state or country;

• a commitment to maintain identical banner, consent, or opt-out mechanics across every browser, device, country, channel, or third-party platform;

• a commitment to publish a permanent exhaustive cookie-name list if not legally required;

• a representation that every external vendor, plugin, platform, or embedded service will process signals or choices identically across all contexts.

To the fullest extent permitted by law, ZNF reserves the right to rely on all lawful defenses, safe harbors, exemptions, commercially reasonable compliance mechanisms, and jurisdiction-specific processing bases available under applicable law.

 

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4. Categories of Cookies and Trackers We May Use

ZNF may use one or more of the following categories of Cookies, Similar Technologies, and Trackers:

4.1 Necessary / Essential / Operational Technologies

These technologies may be used to:

• operate the Services;

• preserve shopping-cart contents;

• process checkout and payment-related workflows;

• maintain security and fraud-prevention controls;

• authenticate users or sessions;

• preserve consent or privacy preferences;

• route traffic and support system administration;

• support account login, order management, local-pickup coordination, subscription handling, and related workflows;

• defend against abuse, bot traffic, malicious automation, scraping, or unauthorized access.

4.2 Functional / Preference Technologies

These technologies may help us remember settings and preferences such as language, region, saved choices, interface settings, privacy settings, or similar convenience features.

4.3 Analytics / Measurement / Diagnostics Technologies

These technologies may help us understand how users interact with the Services, which pages are viewed, how campaigns perform, how the Services function, whether errors occur, and how we can improve usability, performance, search, merchandising, and conversion outcomes.

4.4 Advertising / Targeting / Social Technologies

These technologies may be used to:

• measure marketing performance;

• attribute visits, sessions, and sales;

• build or refine audiences;

• support remarketing or retargeting;

• personalize advertising, content, or offers;

• connect site activity with advertising, social, or audience platforms.

4.5 Communications, Review, Support, and Embedded Technologies

These technologies may support review systems, surveys, customer-support tools, media players, embedded content, chat tools, communication analytics, or related service functionality.

4.6 Web Beacons, Pixels, Tags, SDKs, Scripts, and Local Storage

Certain portions of the Services or communications may use pixels, web beacons, tags, SDKs, scripts, local storage, or similar tools to record events such as page loads, opens, clicks, purchases, abandoned carts, consent selections, attribution events, or other interactions.

 

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5. Purposes for Which We May Use Cookies and Trackers

ZNF may use Cookies, Similar Technologies, and Trackers for the following purposes:

• to provide, maintain, operate, and secure the Services;

• to enable navigation and ecommerce functionality;

• to remember carts, preferences, or prior selections;

• to authenticate users and reduce fraud or abuse;

• to support payment, checkout, subscription, pickup, shipping, and order-processing workflows;

• to improve performance, content delivery, diagnostics, experimentation, and troubleshooting;

• to understand user interaction, traffic, conversion, and site behavior;

• to personalize site experiences, offers, or recommendations where legally permitted;

• to measure and optimize advertising and marketing campaigns;

• to support reviews, surveys, embedded media, chat, social features, and related tools;

• to preserve privacy choices and consent preferences;

• to comply with legal, regulatory, contractual, audit, security, and recordkeeping requirements;

• to protect ZNF, its customers, service providers, and the Services against fraud, misuse, unauthorized access, or legal risk.

Information collected by Cookies, Similar Technologies, and Trackers may, depending on context and applicable law, constitute personal information or be linked with other information we hold about you. Our broader use, disclosure, retention, and protection of such information is described in the Privacy Policy and related ZNF Legal Policies.

 

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6. Legal Bases; Consent; Opt-Out; Jurisdiction-Specific Treatment

ZNF provides goods and services primarily to customers in the United States, but may also interact with users in Canada and other international jurisdictions. Accordingly, our treatment of certain Cookies and Trackers may vary depending on applicable law, the nature of the technology, the purpose for which it is used, and the jurisdiction in which the relevant interaction occurs.

Where permitted by law, ZNF may rely on one or more of the following legal grounds or compliance bases, depending on the context:

• necessity to provide the Services or complete a requested transaction;

• security, fraud-prevention, and service-integrity needs;

• contractual necessity;

• legitimate interests or analogous permitted interests where available;

• compliance with legal obligations;

• consent where required;

• opt-out or withdrawal rights where required.

Necessary technologies may be used without additional consent where legally permitted. Functional, analytics, advertising, and certain experience-related technologies may be subject to consent, opt-in, opt-out, withdrawal, or other user-choice mechanisms depending on the relevant jurisdiction.

Where consent is used as the applicable legal basis, it may be withdrawn at any time using the methods made available by ZNF or otherwise recognized under applicable law.

 

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7. User Choices Regarding Cookies and Trackers

You may have one or more of the following choices:

7.1 Browser and Device Controls

Most browsers and certain devices allow you to block, restrict, delete, or manage Cookies. You may also be able to configure your device or application settings to control certain Similar Technologies.

7.2 Consent Banners, Preference Centers, and Privacy Panels

Where ZNF deploys a cookie banner, consent manager, CMP, or preference center, you may use that tool to manage certain categories of Cookies, Similar Technologies, and Trackers.

7.3 Advertising and Analytics Choices

You may be able to limit certain analytics or advertising activities through:

• our cookie preference tools, where available;

• our Your Privacy Choices / Data Sharing Opt-out mechanisms, where applicable;

• third-party industry opt-out tools or platform controls;

• browser extensions or settings, including privacy signals, where supported.

7.4 Limitations of Browser Controls

Browser settings may not always provide granular control by category or vendor. More precise control may depend on the consent manager, privacy-choice panel, or region-specific mechanism available on the relevant Service.

7.5 Effect of Blocking or Deleting Cookies

If you disable or delete Cookies, some parts of the Services may not function properly. Cart contents may not persist, preferences may reset, checkout functionality may be impaired, and certain features, tools, or integrations may become unavailable or degraded.

7.6 Reappearance of Cookies

Even if you block or delete certain Cookies, they may reappear if you revisit the Services, use a different browser or device, clear stored settings, or if a third-party integration reloads or resets the relevant technology.

 

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8. U.S. State Privacy Rights; Sale; Sharing; Targeted Advertising; GPC

Depending on the facts, configuration, and applicable law, ZNF and its service providers may use cookies, pixels, tags, SDKs, analytics tools, advertising technologies, attribution tools, or similar technologies that disclose, make available, or otherwise transmit browser-, device-, interaction-, or commercial information to third parties.

Depending on the law of the relevant jurisdiction, certain processing may be characterized as:

• a sale of personal data;

• sharing of personal data;

• targeted advertising;

• cross-context behavioral advertising; or

• certain regulated profiling activities.

Accordingly:

• residents of certain U.S. states may have the right to opt out of one or more of those activities;

• where required by applicable law, ZNF may honor a valid Global Privacy Control (GPC) signal or another recognized universal opt-out mechanism for the browser or device that transmitted the signal;

• rights requests, opt-out requests, and privacy-choice handling are further described in our Your Privacy Choices / Data Sharing Opt-out Notice, Privacy Policy, and U.S. State Privacy Addendum;

• ZNF does not represent that every disclosure, transfer, or advertising-related practice constitutes sale, sharing, targeted advertising, or profiling in every jurisdiction.

 

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9. Representative Inventory of Technologies, Providers, and Functions

ZNF may use, or may permit service providers to use, operational, functional, analytics, advertising, communications, review, attribution, segmentation, personalization, security, fraud-prevention, and social-media technologies in connection with the Services.

Because ZNF’s technology stack may change over time, and because Cookies, Similar Technologies, and Trackers may differ by page, subdomain, browser, device, user path, geolocation, consent status, embedded tool, region-specific legal treatment, or whether a user is routed through Shopify-powered storefront components, UltraCart-powered storefront or checkout components, or other service-provider tools, ZNF does not publish a permanent exhaustive cookie-name list in this Cookie Policy unless required by applicable law.

Instead, ZNF may provide:

• category-based disclosures in this Cookie Policy;

• vendor, purpose, or duration information through a cookie preferences panel, CMP, or region-specific interface;

• linked third-party provider notices where appropriate;

• updated inventories, categories, or examples in another legally sufficient disclosure without separately revising this Cookie Policy.

Representative categories and service-provider examples may include, without limitation:

9.1 Storefront, Cart, Checkout, and Transaction Technologies

Technologies used to:

• keep items in a cart;

• maintain checkout continuity;

• preserve order, payment, or transaction state;

• remember localization or currency preferences;

• facilitate account or guest checkout experiences;

• support subscription, reorder, or saved-session workflows.

Representative provider examples may include Shopify, UltraCart, PayPal, and other ecommerce, checkout, payment, or transactional providers selected by ZNF from time to time.

9.2 Consent, Privacy, and Preference Technologies

Technologies used to:

• remember cookie and privacy choices;

• preserve opt-out or region-specific settings;

• store language, region, interface, or accessibility preferences;

• maintain user-selected functional settings;

• communicate consent or privacy-state information to participating vendors where applicable.

Representative provider examples may include iubenda Privacy Controls and Cookie Solution or another ZNF-selected consent-management platform.

9.3 Security, Authentication, and Fraud-Prevention Technologies

Technologies used to:

• authenticate sessions;

• detect abuse, bot traffic, suspicious activity, account misuse, or fraud;

• preserve security context;

• support account integrity, rate limiting, or system defense;

• filter traffic or defend against malicious automation.

Representative provider examples may include Cloudflare, Cloudflare Bot Management, or other ZNF-selected security, anti-bot, or traffic-management services.

9.4 Analytics, Diagnostics, and Performance Technologies

Technologies used to:

• understand traffic sources and user journeys;

• measure campaign and conversion performance;

• identify errors, latency, and performance bottlenecks;

• support experiments, analytics, reporting, attribution, or site-improvement functions.

Representative provider examples may include Google Tag Manager, Google Analytics, or other ZNF-selected analytics and measurement tools.

9.5 Advertising, Attribution, Segmentation, and Social-Media Technologies

Technologies used to:

• support remarketing, audience building, and campaign attribution;

• measure ad performance;

• personalize promotional content or offers;

• connect activity on the Services with advertising and social platforms;

• support CRM- or messaging-linked segmentation where legally permitted.

Representative provider examples may include Meta, Google advertising technologies, Pinterest-related tools, Klaviyo, and other ZNF-selected advertising or audience tools.

9.6 Communications, Reviews, Support, and Embedded Content

Technologies used to:

• support chat, forms, surveys, review tools, media players, and embedded content;

• measure communication engagement where legally permitted;

• support support-desk, shipping-notification, review, or customer-feedback workflows.

Representative provider examples may include Judge.me, ShipStation, customer-service or communications tools, and other ZNF-selected embedded or interaction tools.

9.7 Local Storage, Device Identifiers, Session Identifiers, and Similar Tools

Technologies used to:

• preserve settings and browser state;

• support faster page rendering or cached content;

• maintain functional continuity across visits;

• distinguish or validate sessions or device state where legally permitted.

Any detailed cookie-by-cookie inventory, consent-manager table, or browser-detectable list made available by ZNF or a ZNF-selected consent-management tool is illustrative unless expressly identified as a current complete inventory for a specific property, environment, or jurisdiction.

 

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10. CMP, Signal Handling, and Technical Limitations

Where applicable, ZNF may use a CMP or related privacy-choice technology to collect, store, and communicate user choices relating to cookies, trackers, analytics, advertising, and related data-processing purposes.

ZNF may also use browser- or device-based privacy signals, consent strings, vendor lists, region-detection logic, suppression mechanisms, or related technical tools to process privacy choices in a commercially reasonable manner.

However:

• not all browsers, devices, or platforms support the same privacy signals;

• not all third-party vendors process or honor those signals identically;

• a signal or choice may apply only to the browser, device, app, session, or context in which it is transmitted;

• differences in platform capability, technical design, vendor participation, or legal treatment may result in different outcomes across contexts.

To the fullest extent permitted by law, ZNF disclaims liability for differences in signal handling caused by third-party limitations, unsupported environments, unavailable integrations, or platform constraints, except to the extent applicable law prohibits such disclaimer.

 

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11. Third-Party Providers, Platforms, and External Policies

ZNF may use third-party service providers, integrations, and platforms in connection with the Services, including providers of:

• website hosting and content delivery;

• ecommerce storefront and catalog functionality;

• shopping cart and checkout functionality;

• payment processing and fraud prevention;

• analytics and performance measurement;

• advertising, attribution, segmentation, and remarketing tools;

• customer-service, review, survey, chat, shipping, and communication tools;

• social-media plugins, widgets, and embedded content;

• consent-management, privacy-choice, and compliance tools.

These providers may place or access their own Cookies, Similar Technologies, or Trackers subject to their own notices, terms, privacy policies, and legal obligations. To the fullest extent permitted by law, ZNF does not control every third-party cookie, tag, pixel, SDK, or similar technology used by outside providers, browsers, platforms, or integrations, and ZNF disclaims responsibility for third-party privacy or cookie practices except to the extent required by applicable law or by ZNF’s direct contractual obligations.

ZNF may add, remove, replace, reconfigure, throttle, segment, geofence, geoblock, or otherwise modify the use of any third-party provider, integration, or tracking technology at any time, with or without notice, to the fullest extent permitted by law.

Nothing in this Cookie Policy shall be construed as:

• a representation that any third-party provider is available in all countries;

• a warranty that all vendors honor signals or opt-outs in the same way across all platforms;

• a guarantee that a user’s choice in one browser, device, or session will be automatically reflected everywhere else unless applicable law requires that result and the relevant systems support it.

 

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12. International Users; Country- and Region-Specific Treatment

ZNF operates primarily from the United States but may sell to or interact with users in Canada and other international jurisdictions. Accordingly, information collected through Cookies, Similar Technologies, and Trackers may be processed in the United States or in other jurisdictions where ZNF or its service providers operate.

Where non-U.S. law validly applies, ZNF intends to address applicable rights, consent requirements, disclosure obligations, transfer considerations, and withdrawal mechanisms through this Cookie Policy together with the more specific ZNF privacy notices, including the GDPR Statement / EEA-UK-Switzerland Privacy Notice and the International Privacy Addendum.

Nothing in this Cookie Policy shall be construed as:

• an admission that ZNF is established in, targeted at, or subject to the law of every country to which a shipment may be sent;

• a commitment to maintain local hosting, local mirroring, or data-localization infrastructure except to the extent expressly required by applicable law;

• a representation that identical consent standards, withdrawal rights, or opt-out mechanisms exist in every country.

To the fullest extent permitted by law, ZNF reserves the right to use country-, state-, language-, browser-, device-, or platform-specific consent and disclosure mechanisms that differ across jurisdictions.

 

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13. Sensitive Data, Minors, and Higher-Risk Data Practices

ZNF does not intentionally deploy Cookies, Similar Technologies, or Trackers for the purpose of collecting or disclosing sensitive personal information in a manner prohibited by applicable law.

To the fullest extent reasonably feasible and legally appropriate, ZNF intends that:

• sensitive information is not disclosed to third-party advertising or analytics providers through trackers unless lawfully permitted and appropriately configured;

• any higher-risk or sensitive-data processing that requires consent, express consent, or another heightened legal basis will be handled in the manner required by applicable law;

• users are not required to surrender non-essential privacy rights as a condition of using the Services where prohibited by law.

The Services are not directed to children under 13, and ZNF does not knowingly use Cookies, Similar Technologies, or Trackers to collect personal information from children in a manner prohibited by applicable law. Where required by applicable law, ZNF does not knowingly sell, share, or use minors’ personal information for targeted advertising without the authorization required by law.

 

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14. Data Minimization, Retention, Security, and Ongoing Review

ZNF retains information collected through Cookies, Similar Technologies, and Trackers only for as long as reasonably necessary for the purposes described in this Cookie Policy, the Privacy Policy, or as otherwise permitted or required by law, including for:

• security and fraud prevention;

• order processing and fulfillment;

• service functionality and troubleshooting;

• analytics and auditing;

• legal compliance;

• dispute resolution;

• enforcement of ZNF Legal Policies;

• evidentiary preservation and risk management.

Retention periods may vary depending on the technology, its purpose, applicable law, and operational need. Certain Trackers may expire automatically at the end of a browsing session, while others may remain for a longer period as determined by ZNF or the relevant provider.

ZNF uses commercially reasonable technical, administrative, and organizational safeguards designed to protect information collected through Cookies and Similar Technologies. However, no transmission, storage method, or digital system is completely secure, and ZNF cannot guarantee absolute security.

ZNF also reserves the right to conduct periodic or ongoing review, due diligence, reconfiguration, limitation, suppression, or removal of tracker technologies where ZNF believes legal, privacy, security, contractual, marketplace, or operational risk may exist.

 

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15. Changes to This Cookie Policy

ZNF may modify or update this Cookie Policy at any time in its sole discretion. Changes become effective upon posting unless a later effective date is stated. Your continued use of the Services after the effective date of the revised Cookie Policy constitutes acceptance of the revised terms to the fullest extent permitted by law.

Where applicable law requires additional notice, renewed consent, or a materially different mechanism before implementing a change affecting non-essential tracking practices, ZNF will attempt to provide the notice or mechanism required by law. Nothing in this section obligates ZNF to maintain identical configurations, provider lists, durations, or tracker inventories across time, so long as ZNF acts in accordance with applicable law.

 

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16. Arbitration, Governing Law, Limitation of Liability, and Severability

This Cookie Policy is governed by and incorporated into the ZNF Terms of Use, including the binding arbitration agreement, class-action waiver, governing-law provisions, venue provisions, limitations of liability, warranty disclaimers, evidentiary standards, and survival terms contained therein, to the fullest extent permitted by law.

To the extent any dispute, claim, or controversy arises out of or relates to this Cookie Policy, the use of Cookies, Similar Technologies, or Trackers, or privacy-related interactions governed by the Terms of Use, such matter shall be resolved in accordance with the dispute-resolution provisions of the Terms of Use, except to the extent prohibited by applicable law or to the extent non-waivable statutory rights require otherwise.

If any provision of this Cookie Policy is held invalid, unlawful, or unenforceable, that provision shall be modified, blue-penciled, or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

No failure by ZNF to enforce any provision of this Cookie Policy shall constitute a waiver of that provision or any other provision.

Nothing in this Cookie Policy shall be construed to limit any non-waivable complaint, appeal, supervisory-authority, or regulator-reporting right available under applicable law.

 

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17. Contact; Rights Requests; Jurisdiction-Specific Request Paths

If you have questions about this Cookie Policy or ZNF’s use of Cookies, Similar Technologies, and Trackers, you may contact ZNF through the contact methods identified on our website and in the applicable ZNF privacy notices, including the privacy contact methods listed in the Privacy Policy and related privacy notices.

For broader privacy-rights requests, you should use the request path most appropriate to the subject matter, including where applicable:

• the Privacy Policy for baseline privacy information and contact details;

• the Your Privacy Choices / Data Sharing Opt-out Notice for sale, sharing, targeted-advertising, and browser-based opt-out mechanics;

• the U.S. State Privacy Addendum for state-specific privacy rights and appeals;

• the GDPR Statement for EEA / UK / Switzerland matters; and

• the International Privacy Addendum for other non-U.S. privacy matters.

ZNF may require reasonable verification, device-specific handling, browser-specific handling, session-specific handling, or jurisdiction-specific procedures before honoring or completing a request, to the fullest extent permitted by law.

If you have questions or need assistance, please contact our Customer Care team. For topics governed by dedicated policies, please consult the complete, current versions on our Legal page; each is incorporated by reference into this Agreement and applies to all access and use of our Sites, Products, and Services, including automated access. These policies include, without limitation: Terms of Use Policy, Privacy Policy, Legal Notice Disclaimer, Return Policy, Accessibility Statement, California Prop 65 Notice, Subscriptions, Shipping Policy, Cookie Policy, DMCA Compliance Statement, Mobile Terms of Service, Content Policy, Advertising & Analytics Policy, Information & Security Policy, Product Reviews Policy, Agent Terms, GDPR Statement, and CCPA Opt-out.

If a concern or dispute arises, you must follow the Initial Dispute Resolution process and the Binding Arbitration requirements set forth in §16. Your continued use of the Sites or Services constitutes acceptance of the then-current Terms, including all incorporated policies and dispute-resolution requirements.

By using our Sites, Products, Services, Service Providers, placing an order, or contacting us through any channel, you acknowledge that you have read, understand, and agree to be bound by this Agreement and all incorporated ZNF policies referenced above and available on the Legal page.

DMCA Compliance Statement & Copyright Infringement Policy

Last Updated: January 1, 2026

This DMCA Compliance Statement and Copyright Infringement Policy (this “Policy”) is issued by Z Natural Foods LLC (“ZNF,” “we,” “us,” or “our”), a Florida limited liability company operating from West Palm Beach, Palm Beach County, Florida.

This Policy applies to ZNF’s websites, checkout flows, ecommerce storefronts, marketplace-facing content under ZNF’s control, mobile sites, applications, APIs, social-media pages, review systems, comment functions, chatbot or AI interfaces, email, SMS/MMS programs, customer-service channels, and any other online or digital service, platform, or communication channel owned, operated, licensed, or controlled by or on behalf of ZNF (collectively, the “Services”).

This Policy is intended to implement ZNF’s procedures relating to claims of copyright infringement under the United States Digital Millennium Copyright Act, including 17 U.S.C. § 512, and to preserve all contractual, statutory, regulatory, equitable, and common-law rights, defenses, immunities, and remedies available to ZNF to the fullest extent permitted by applicable law.

By accessing, using, submitting content to, or otherwise interacting with the Services, you acknowledge that you have read, understood, and agree to be bound by this Policy, ZNF’s Terms of Use, and all other applicable ZNF legal policies published on or incorporated into ZNF’s legal framework.

1. Relationship to Other ZNF Policies

This Policy is incorporated into and forms part of ZNF’s broader legal framework, including without limitation:

• the Legal page,

• the Privacy Policy,

• the Cookie Policy,

• the Terms of Use,

• the Content Policy,

• the Product Review Guidelines,

• the Information Security Policy,

• the Agent Terms, and

• any other applicable ZNF legal policy, notice, or agreement published by ZNF from time to time.

In the event of a direct conflict:

1. the Terms of Use control with respect to arbitration, class-action waiver, limitation of liability, governing law, venue, evidentiary standards, survival, no-waiver, and other general risk-allocation provisions;

2. this Policy controls with respect to DMCA-specific notice, takedown, counter-notice, repeat-infringer, and copyright-complaint procedures;

3. privacy, personal-data, and publicity-rights issues are additionally governed by the Privacy Policy, Cookie Policy, GDPR/privacy notices, and related disclosures;

4. security, malware, unauthorized access, spoofing, and system-abuse issues are additionally governed by the Information Security Policy and Agent Terms; and

5. content moderation, review, testimonial, and user-generated-content issues are additionally governed by the Content Policy and Product Review Guidelines.

Nothing in this Policy is intended to waive or limit any non-waivable rights or obligations under applicable law.

2. Scope; No Admission; Reservation of Rights

This Policy applies to copyright complaints involving material allegedly appearing on or through the Services, including, where applicable, material submitted by users, reviewers, commenters, customers, vendors, agents, marketplace participants, or other third parties.

This Policy is designed to support ZNF’s compliance with the DMCA and analogous copyright-complaint handling where appropriate. However, nothing in this Policy shall be construed as:

• an admission that every ZNF service, feature, channel, or function qualifies for any particular safe harbor in every circumstance;

• a concession that any challenged material is infringing;

• a waiver of any defense, immunity, or limitation of liability available to ZNF; or

• an agreement by ZNF to adjudicate the ultimate merits of any ownership, authorization, license, fair-use, or infringement dispute.

ZNF reserves the right, in its sole discretion and to the fullest extent permitted by law, to remove, disable, restrict, preserve, retain, investigate, forward, disclose, refuse, or restore content or access as ZNF deems appropriate in light of legal, regulatory, contractual, operational, evidentiary, marketplace, security, reputational, and business considerations.

3. Designated DMCA Agent

Pursuant to 17 U.S.C. § 512(c)(2), notices of claimed copyright infringement and counter-notifications under this Policy must be sent only to ZNF’s designated DMCA agent at:

Z Natural Foods LLC
Attn: DMCA Agent / Legal Department
5407 N Haverhill Rd Unit 336
West Palm Beach, FL 33407
Email: DMCA@znaturalfoods.com

The foregoing contact information is provided solely for copyright notices and DMCA counter-notices. It is not to be used for customer service, product questions, order issues, returns, privacy requests, security reports, legal service of process, commercial solicitations, or other unrelated matters. Improperly routed communications may be disregarded, delayed, or redirected without liability to ZNF.

ZNF reserves the right to update its designated-agent information at any time by updating this Policy and any corresponding filing or renewal made with the U.S. Copyright Office.

4. Requirements for a Valid DMCA Notice

If you believe in good faith that material available on or through the Services infringes your copyright, you must send a written notice to ZNF’s designated DMCA agent that substantially complies with 17 U.S.C. § 512(c)(3). Your notice must include all of the following:

1. your physical or electronic signature;

2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

3. identification of the allegedly infringing material and information reasonably sufficient to permit ZNF to locate the material, including, where applicable, the exact URL, product page, review page, image location, file path, marketplace listing, social-media post, communication, or other specific identifier;

4. information reasonably sufficient to permit ZNF to contact you, including your full legal name, mailing address, telephone number, and email address;

5. a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

ZNF strongly recommends that any complainant assess, before sending a notice, whether the challenged use may be authorized by law, including under doctrines such as fair use, license, consent, or other defenses or limitations recognized under applicable law.

5. Deficient, Abusive, or Misdirected Notices

ZNF may reject, disregard, delay acting upon, seek clarification regarding, or require supplementation of any notice that ZNF determines, in its sole discretion, is incomplete, inaccurate, conclusory, abusive, duplicative, automated without adequate review, sent through the wrong channel, or otherwise noncompliant with this Policy or applicable law.

Without limitation, ZNF may decline to process notices that:

• fail to identify the allegedly infringing material with reasonable specificity;

• fail to provide sufficient contact information;

• fail to include the required sworn statements;

• appear to target lawful content, criticism, commentary, fair use, or non-copyright issues;

• appear to involve trademark, defamation, privacy, publicity, harassment, or product-quality disputes rather than copyright claims; or

• are submitted in bad faith, for anti-competitive purposes, or for harassment, censorship, extortion, or other improper motive.

ZNF may preserve any notice, attachments, metadata, and related communications for evidentiary, compliance, risk-management, and enforcement purposes.

6. ZNF Response to Facial Compliance

Upon receipt of a notice that ZNF, in its sole discretion, considers facially compliant, ZNF may take any action it deems appropriate, including without limitation:

• removing, disabling, geoblocking, delisting, depublishing, or restricting access to the challenged material;

• notifying the user, account holder, reviewer, commenter, uploader, seller, submitter, or other party associated with the challenged material;

• preserving logs, screenshots, account records, transactional data, marketplace identifiers, metadata, communications, and other evidence;

• requesting additional information from the complainant, the accused party, or any service provider;

• suspending or terminating posting, submission, review, account, seller, or other access privileges;

• coordinating with hosts, ecommerce providers, marketplaces, payment processors, carriers, service providers, insurers, legal counsel, or governmental authorities; and

• taking any other legal or operational action ZNF considers necessary or appropriate.

ZNF has no obligation to restore, continue displaying, or continue hosting any particular material solely because a complainant fails to pursue further action, where ZNF determines that continued availability would create legal, contractual, operational, security, or marketplace risk.

7. Counter-Notification Procedure

If you believe that material you submitted or controlled was removed, disabled, restricted, or delisted as a result of mistake or misidentification, you may submit a written counter-notification to ZNF’s designated DMCA agent.

A valid counter-notification must substantially comply with 17 U.S.C. § 512(g)(3) and must include:

1. your physical or electronic signature;

2. identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access disabled;

3. a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;

4. your full legal name, mailing address, telephone number, and email address; and

5. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which ZNF may be found, and that you will accept service of process from the person who submitted the original notice or that person’s agent.

Upon receipt of a facially valid counter-notification, ZNF may provide a copy of the counter-notification to the original complainant and inform the complainant that ZNF may restore the removed material or cease disabling access to it within not less than ten (10) business days and not more than fourteen (14) business days following receipt of the counter-notification, unless ZNF first receives notice that the complainant has filed an action seeking a court order to restrain the allegedly infringing activity.

Notwithstanding the foregoing, ZNF reserves the right to refuse restoration or continued availability where, in ZNF’s sole discretion:

• the counter-notification is deficient or not credible on its face;

• restoration would violate law, court order, injunction, platform policy, service-provider requirements, or another ZNF policy;

• the content was removed for reasons independent of the copyright complaint;

• the material implicates security, privacy, abuse, defamation, trademark, product-safety, or other non-copyright concerns; or

• the material is hosted or controlled primarily by a third-party marketplace, platform, or provider whose procedures or decision-making ZNF does not control.

8. Repeat Infringer Policy; Standard Technical Measures

ZNF adopts and intends to reasonably implement, in appropriate circumstances, a policy providing for the suspension, restriction, or termination of accounts, privileges, services, or access of repeat or egregious copyright infringers.

In determining whether a person or entity is a repeat or egregious infringer, ZNF may consider any facts or circumstances it deems relevant, including without limitation:

• prior notices or counter-notices;

• the number, seriousness, frequency, and credibility of complaints;

• patterns of re-uploading, evasion, duplication, or circumvention;

• prior marketplace or platform complaints;

• apparent bad faith or abuse of complaint procedures;

• failure to cooperate with investigations;

• use of bots, agents, alternate accounts, or technical means to evade enforcement; and

• court orders, settlements, admissions, or other competent evidence.

ZNF also reserves the right, to the extent required by law and reasonably feasible, to accommodate and not interfere with standard technical measures within the meaning of 17 U.S.C. § 512(i), while preserving ZNF’s security, operational, contractual, and business interests.

9. Marketplace, Social Platform, and Third-Party Service Carve-Out

ZNF conducts business through multiple channels, including its own websites and, at times, third-party platforms, marketplaces, social-commerce systems, hosting providers, and service providers. Accordingly:

• some allegedly infringing material may appear on systems not owned or directly controlled by ZNF;

• some notices may also need to be directed to the relevant marketplace, host, social platform, or other service provider under that party’s own intellectual-property complaint procedures;

• ZNF may, but is not obligated to, forward notices, coordinate responses, or cooperate with such third parties; and

• ZNF does not guarantee the timing, outcome, restoration rights, or enforcement practices of any third-party platform or provider.

This Policy does not obligate ZNF to take actions that are outside ZNF’s practical control or contractual authority.

10. Misrepresentation; Bad-Faith Claims; Indemnity

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees.

Without limiting any other rights or remedies, any person submitting a notice or counter-notification to ZNF represents, warrants, and covenants that the submission is made in good faith, after reasonable review, and not for any improper purpose, including harassment, censorship, anticompetitive conduct, retaliation, extortion, publicity leverage, or bad-faith interference.

To the fullest extent permitted by applicable law and any applicable ZNF agreement, you agree to indemnify, defend, and hold harmless ZNF and its affiliates, officers, directors, employees, agents, contractors, licensors, service providers, marketplaces, and representatives from and against any and all claims, liabilities, losses, damages, judgments, settlements, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your false, misleading, abusive, or unlawful notice, counter-notification, or other conduct under this Policy.

11. Evidence Preservation; Cooperation

Any party submitting a notice or counter-notification, or otherwise involved in a dispute under this Policy, must preserve all evidence reasonably relevant to the dispute, including without limitation:

• screenshots;

• source files;

• URLs;

• timestamps;

• correspondence;

• chain-of-title or ownership records;

• licenses or permissions;

• registrations, if any;

• marketplace identifiers;

• account information; and

• any proof of authorization or lack thereof.

ZNF may request additional information, declarations, supporting records, or cooperation as a condition of processing, evaluating, or responding to any notice or counter-notification.

Failure to preserve evidence or reasonably cooperate may adversely affect the treatment of any request, response, or restoration determination.

12. Privacy, Security, and Other Complaint Types

This Policy is limited to copyright-related matters. Other complaint types must be directed through the appropriate ZNF channel or policy, including without limitation:

• privacy, personal-data, or publicity-rights concerns;

• defamation or false-statement complaints;

• trademark complaints;

• malware, spoofing, phishing, unauthorized-access, or vulnerability reports;

• customer-service, order, shipping, pickup, return, refund, or product-quality issues; and

• review, testimonial, moderation, or content-standard disputes not based on copyright.

ZNF may, in its sole discretion, redirect, disregard, or separately process communications that are not properly submitted under this Policy.

13. Disclaimers; No Legal Advice; No Duty to Adjudicate

ZNF is not a court and does not undertake to adjudicate ownership, validity, infringement, fair use, licensing, or other legal merits beyond what ZNF deems reasonably necessary for its own compliance, risk management, and business operations.

Nothing in this Policy, nor any action or inaction by ZNF under this Policy, constitutes legal advice to any party.

You should consult your own legal counsel regarding your rights and obligations under copyright law.

14. Arbitration; Governing Law; Venue; No Class Actions

To the fullest extent permitted by applicable law, any dispute, claim, or controversy between you and ZNF arising out of or relating to this Policy, the Services, or ZNF’s handling of notices, counter-notices, content removal, restoration, moderation, or enforcement shall be governed by ZNF’s Terms of Use, including its mandatory arbitration provisions, class-action waiver, governing-law provisions, venue provisions, evidentiary rules, and limitations of liability.

Without limiting the foregoing:

• the substantive law governing the contractual relationship between you and ZNF shall be the law designated in the Terms of Use, together with applicable federal law;

• arbitration, to the extent enforceable, shall proceed only on an individual basis and not on a class, collective, coordinated, consolidated, or representative basis; and

• nothing in this section is intended to impair any statutory requirement under 17 U.S.C. § 512(g) relating to court actions necessary to restrain restoration of material, or any non-waivable right that cannot legally be subjected to arbitration.

15. Limitation of Liability

To the fullest extent permitted by applicable law and the Terms of Use, ZNF shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages arising out of or relating to this Policy, any notice or counter-notification, any content removal or restoration decision, any delay in action, any failure by a third-party platform to act, or any alleged infringement by any third party.

To the extent any liability cannot lawfully be disclaimed, limited, or excluded, such liability shall be limited to the maximum extent permitted by applicable law and the Terms of Use.

16. Severability; No Waiver; Modification; Survival

If any provision of this Policy is determined by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

No failure or delay by ZNF in exercising any right, power, or remedy under this Policy shall operate as a waiver thereof.

ZNF may amend, restate, supplement, or replace this Policy at any time by posting an updated version through the Services or on ZNF’s legal pages. Continued use of the Services after the effective date of any updated version constitutes acceptance of the revised Policy to the fullest extent permitted by law.

All provisions of this Policy that by their nature should survive shall survive, including without limitation provisions relating to evidence preservation, indemnity, limitation of liability, dispute resolution, no waiver, and ZNF’s reserved rights and remedies.

If you have questions or need assistance, please contact our Customer Care team. For topics governed by dedicated policies, please consult the complete, current versions on our Legal page; each is incorporated by reference into this Agreement and applies to all access and use of our Sites, Products, and Services, including automated access. These policies include, without limitation: Terms of Use Policy, Privacy Policy, Legal Notice Disclaimer, Return Policy, Accessibility Statement, California Prop 65 Notice, Subscriptions, Shipping Policy, Cookie Policy, DMCA Compliance Statement, Mobile Terms of Service, Content Policy, Advertising & Analytics Policy, Information & Security Policy, Product Reviews Policy, Agent Terms, GDPR Statement, and CCPA Opt-out.

If a concern or dispute arises, you must follow the Initial Dispute Resolution process and the Binding Arbitration requirements set forth in §16. Your continued use of the Sites or Services constitutes acceptance of the then-current Terms, including all incorporated policies and dispute-resolution requirements.

By using our Sites, Products, Services, Service Providers, placing an order, or contacting us through any channel, you acknowledge that you have read, understand, and agree to be bound by this Agreement and all incorporated ZNF policies referenced above and available on the Legal page.

Mobile Terms of Service

Last updated: January 1, 2026

PLEASE READ THESE MOBILE TERMS OF SERVICE CAREFULLY. These Mobile Terms of Service (these “Mobile Terms”) govern your access to, enrollment in, use of, or interaction with any Z Natural Foods LLC (“ZNF,” “we,” “us,” or “our”) mobile messaging program, including any SMS, MMS, cart reminder, order update, account alert, customer-care, review request, survey, promotional, or other mobile communication service (collectively, the “Service” or “Mobile Message Program”).

By opting in to, using, or otherwise interacting with the Service, you agree to be bound by these Mobile Terms, our Terms of Use Policy (“TOU”), and all other applicable ZNF legal policies posted on our Legal page, including, without limitation, our Privacy Policy, Content Policy, Digital Advertising & Analytics Policy, Cookie Policy, GDPR Statement, CCPA Opt-out, Agent Terms, Product Review Guidelines, Purchases, Subscriptions & Pre-Orders Policy, and any other policy incorporated into the TOU, each as may be amended from time to time (collectively, the “ZNF Legal Policies”). If you do not agree, do not enroll in or use the Service.

1. Scope; Relationship to the TOU; Order of Precedence

1.1 These Mobile Terms apply to all ZNF mobile-message programs offered now or in the future through any short code, long code, toll-free number, sender ID, application, website flow, checkout flow, marketplace flow, customer-service interaction, or other channel controlled by or used on behalf of ZNF.

1.2 These Mobile Terms are incorporated into and form part of the TOU. In the event of any direct conflict:
(a) the TOU controls with respect to arbitration, class-action waiver, limitation of liability, venue, governing law, evidentiary standards, survival, and other general risk-allocation provisions;
(b) these Mobile Terms control with respect to mobile-message-specific enrollment, consent, revocation, frequency, and operational rules;
(c) privacy and personal-data issues are additionally governed by the Privacy Policy, Cookie Policy, GDPR Statement, CCPA Opt-out, and related privacy notices; and
(d) content transmitted through the Service is additionally governed by the Content Policy, Product Review Guidelines where applicable, and applicable carrier, platform, aggregator, and messaging-provider rules.

1.3 The Service is offered solely at ZNF’s discretion and may be modified, suspended, restricted, or discontinued, in whole or in part, at any time, with or without notice, to the fullest extent permitted by law.

2. Definitions

For purposes of these Mobile Terms:

2.1 “Marketing Messages” means messages that advertise, promote, market, or encourage the purchase of goods or services, including promotional offers, product launches, discounts, cart reminders used for marketing, abandoned-cart follow-ups, win-back campaigns, loyalty promotions, and similar communications.

2.2 “Transactional or Relationship Messages” means messages sent to facilitate, complete, administer, service, secure, or support an existing or requested transaction or relationship, including order confirmations, shipping updates, account alerts, fraud notices, password or authentication messages, customer-care responses, service interruption notices, product safety notices, and similar operational communications.

2.3 “Consent” means any permission, authorization, or agreement sufficient under applicable law to permit the relevant category of message.

2.4 “Revocation” means any withdrawal of consent or opt-out request communicated by any method that is reasonable under applicable law.

2.5 “Carrier” means your wireless carrier or mobile network operator.

2.6 “Provider Rules” means the requirements, standards, and restrictions imposed by wireless carriers, messaging providers, platform providers, aggregators, governmental agencies, and applicable industry frameworks.

3. Eligibility; Authority; Number Ownership

3.1 You represent and warrant that:
(a) you are at least the age of majority in the jurisdiction from which you enroll, or otherwise have lawful authority to enter into a binding agreement;
(b) you are the subscriber, customary user, or lawful authorized user of the mobile number you provide to ZNF;
(c) you are authorized to consent to receive messages at that number; and
(d) all information you provide in connection with the Service is accurate, current, and complete.

3.2 You shall not enroll a number that belongs to another person, a minor without lawful authorization where required, a hospital patient room, emergency line, or any number for which you lack authority to receive the categories of messages requested.

3.3 ZNF may require additional verification, including confirmation texts, account authentication, or other commercially reasonable steps, before activating or continuing enrollment.

4. Description of the Service; Message Categories

4.1 ZNF may use the Service to send one or more of the following categories of messages:
(a) Marketing Messages;
(b) Transactional or Relationship Messages;
(c) customer-service or support messages;
(d) review, survey, feedback, or quality-assurance messages;
(e) security, fraud-prevention, or account-verification messages; and
(f) other lawful categories disclosed at the point of enrollment or otherwise permitted by applicable law.

4.2 Not all message categories require the same form of consent. ZNF may condition the sending of a particular message category on the level of consent required by applicable law and Provider Rules.

4.3 ZNF may operate multiple separate Mobile Message Programs. Enrollment in one program does not automatically enroll you in any other program unless expressly disclosed and lawfully consented to.

4.4 To the extent any Mobile Message Program promotes, enrolls, manages, or relates to recurring purchases, subscriptions, pre-orders, auto-ship arrangements, or other negative-option or continuous-service features, those transactions are also governed by ZNF’s Purchases, Subscriptions & Pre-Orders Policy, all applicable checkout disclosures, and any other relevant ZNF Legal Policies.

5. Consent to Receive Marketing Messages

5.1 To the fullest extent required by applicable law, and as a compliance baseline where ZNF deems appropriate, ZNF will seek your prior express written consent before sending Marketing Messages using an automatic telephone dialing system, artificial or prerecorded voice technology, or other covered automated technology.

5.2 Where required, your consent to receive Marketing Messages authorizes Z Natural Foods LLC to send or cause to be sent the covered Marketing Messages to the number you designate, and only in a manner logically and topically associated with the interaction through which consent was obtained.

5.3 Your consent may be obtained by any legally sufficient method, including, without limitation:
(a) checking an unchecked box;
(b) affirmatively responding to an opt-in prompt;
(c) signing an electronic or written form;
(d) sending a keyword to enroll; or
(e) any other affirmative act recognized as sufficient under applicable law.

5.4 Your consent to receive Marketing Messages is not a condition of purchasing any goods or services from ZNF.

5.5 If you consent to receive Marketing Messages, you acknowledge that such messages may be sent using automated technology and may include promotional content, offers, reminders, and related marketing material.

6. Transactional, Relationship, and Non-Marketing Messages

6.1 Even if you do not enroll in Marketing Messages, ZNF may send Transactional or Relationship Messages where permitted by law and where reasonably necessary to facilitate an existing transaction, requested interaction, account function, or security measure.

6.2 Transactional or Relationship Messages may include, without limitation:
(a) order confirmations;
(b) order-status and shipping updates;
(c) payment or fraud alerts;
(d) service-related reminders;
(e) customer-care responses;
(f) product safety or recall notices; and
(g) account authentication or security notices.

6.3 An opt-out from Marketing Messages will not necessarily opt you out of Transactional or Relationship Messages that ZNF is otherwise legally permitted to send in connection with an active order, account, support request, security event, or other existing relationship, unless required by applicable law.

7. Enrollment; Double Opt-In; Evidence of Consent

7.1 ZNF may offer enrollment through website forms, checkout flows, pop-ups, landing pages, keyword campaigns, customer-support interactions, marketplace flows, written forms, or other lawful mechanisms.

7.2 ZNF may require a confirmation step, including a double opt-in or reply confirmation, before activating a subscription.

7.3 You agree that ZNF’s and its service providers’ records may be used to establish enrollment status, consent scope, timestamps, confirmation events, message logs, suppression status, opt-out status, clickstream events, IP or device-associated events where available, and related compliance evidence, to the fullest extent permitted by law.

7.4 You agree that ZNF may preserve such records for compliance, auditing, dispute resolution, fraud prevention, security, and lawful business purposes.

8. Message Frequency; Program Changes; Sender Changes

8.1 Message frequency will vary by program, transaction activity, support activity, marketing calendar, and your interactions with ZNF.

8.2 ZNF does not guarantee any minimum or maximum number of messages unless expressly stated in a particular program disclosure. Any frequency statement is an estimate only and not a contractual guarantee.

8.3 ZNF may, at any time and without liability to you, modify:
(a) the number or frequency of messages;
(b) the content categories of messages;
(c) the short code, toll-free number, long code, alphanumeric sender ID, or other origination identifier;
(d) the messaging platform, aggregator, or service provider;
(e) the eligibility requirements for a program; or
(f) any feature, function, or availability of the Service.

8.4 You acknowledge that messages sent to a deprecated, changed, or unsupported number, sender ID, or shortcode may not be received by ZNF, and ZNF shall not be liable for failure to process a request sent to a contact point that is no longer in service, except to the extent required by law.

9. Fees; Charges; Device and Carrier Limitations

9.1 ZNF does not charge a separate fee merely to receive messages through the Service unless expressly disclosed in writing.

9.2 Message and data rates may apply. You are solely responsible for any charges imposed by your Carrier or other service provider in connection with your receipt or transmission of messages.

9.3 Not all devices, handsets, carriers, networks, geographic areas, routing protocols, or messaging applications support all programs, formats, or features of the Service.

9.4 ZNF does not guarantee message delivery, speed, timing, security, or availability and is not responsible for Carrier delays, transmission failures, filtering, latency, nondelivery, duplicate delivery, truncated messages, blocked messages, spam labeling, or device incompatibility.

10. Opt-Out; Revocation of Consent; Unsubscribe Rights

10.1 You may revoke consent to receive Marketing Messages at any time by any reasonable method permitted by applicable law.

10.2 Without limiting the foregoing, ZNF will treat the following as valid revocation methods for Marketing Messages when sent in reply to a covered text message or otherwise communicated through a reasonable channel:
STOP, END, CANCEL, UNSUBSCRIBE, QUIT, OPT OUT, REVOKE, or other words or phrases that a reasonable person would understand as communicating a request to stop future Marketing Messages.

10.3 You may also revoke consent by:
(a) using any unsubscribe link or comparable mechanism included in the message, where available;
(b) contacting ZNF through the support channels identified in these Mobile Terms or on the Legal or Contact page; or
(c) any other reasonable method that clearly expresses your desire to stop future Marketing Messages.

10.4 ZNF will treat clear requests such as “stop all marketing texts,” “unsubscribe me from all ZNF promo texts,” or equivalent language as a request to revoke consent to future Marketing Messages from ZNF generally, to the extent required by applicable law.

10.5 Unless a broader request is clearly communicated, an opt-out sent in response to a particular sender stream or Mobile Message Program will be treated as applying to that sender stream or program. A broader request to stop all ZNF marketing texts will be treated as a global marketing opt-out across ZNF Marketing Messages, but will not necessarily stop Transactional or Relationship Messages that ZNF is otherwise permitted to send.

10.6 ZNF will honor revocation requests within a reasonable time and, where applicable law imposes a specific outer limit, no later than that deadline.

10.7 After a valid revocation request, ZNF may send a single confirmation message confirming the opt-out or revocation, provided that such confirmation contains no marketing or promotional content except as permitted by law.

10.8 If a messaging protocol used by ZNF does not support two-way replies, ZNF may provide a conspicuous alternative opt-out method in the message or associated program disclosure.

10.9 Notwithstanding the foregoing, where Florida law conditions a statutory text-message action on the recipient first replying STOP to the sending number, nothing in these Mobile Terms is intended to waive that statutory framework or any other non-waivable statutory requirement.

11. HELP; Customer Assistance

11.1 For assistance, you may:
(a) reply HELP to a covered message where that functionality is supported;
(b) text STOP to +1-888-724-8745 to unsubscribe from covered promotional messages;
(c) email orders@znaturalfoods.com; or
(d) contact ZNF through the contact methods identified on our website.

11.2 ZNF may update support contact methods from time to time without liability, provided the updated methods are reasonably available through the website, Legal page, Contact page, or Service disclosures.

12. Reassigned Numbers; Number Changes; User Update Obligations

12.1 You must promptly notify ZNF if:
(a) your mobile number changes;
(b) your number is reassigned;
(c) your device is transferred to another person;
(d) you lose authority to receive messages at the number; or
(e) any information relevant to your enrollment becomes inaccurate.

12.2 You agree to re-enroll with your new number if you wish to continue receiving messages, unless ZNF expressly supports updating the number through another process.

12.3 ZNF may suspend or terminate messaging to any number if ZNF reasonably suspects reassignment, lack of authority, fraud, or compliance risk.

13. Privacy; Data Use; Sharing with Service Providers

13.1 ZNF may collect, use, retain, disclose, process, and store information associated with the Service, including, without limitation:
(a) your mobile number;
(b) consent and enrollment records;
(c) opt-out and suppression records;
(d) message-delivery, routing, and engagement metadata;
(e) account, order, or support-related information associated with the messaging interaction;
(f) device, network, and Carrier-related technical data where available; and
(g) compliance, audit, security, and fraud-prevention logs.

13.2 Such processing is governed by the ZNF Legal Policies, including the Privacy Policy, Cookie Policy, Digital Advertising & Analytics Policy, GDPR Statement, and CCPA Opt-out, each of which is incorporated herein by reference.

13.3 ZNF may share information related to the Service with its affiliates, carriers, aggregators, platform providers, analytics providers, customer-service vendors, security vendors, and other service providers as reasonably necessary to operate, secure, analyze, support, or comply with law in relation to the Service.

13.4 ZNF may retain consent, revocation, and compliance records after termination of the Service or your participation in it to the extent reasonably necessary for legal compliance, dispute resolution, audits, investigations, suppression-list administration, and enforcement of these Mobile Terms.

14. Mobile Content Standards; Prohibited Uses

14.1 All content sent through or in connection with the Service must comply with the TOU, the Content Policy, applicable labeling and advertising law, and all applicable Provider Rules.

14.2 Without limitation, you shall not use, submit, request, or cause to be sent through the Service any content that:
(a) is unlawful, misleading, deceptive, or fraudulent;
(b) misrepresents ZNF, your identity, or any third-party affiliation;
(c) includes prohibited health, disease, or regulatory claims;
(d) violates privacy, publicity, intellectual-property, or consumer-protection rights;
(e) contains malware, malicious links, exploit code, or harmful payloads;
(f) promotes restricted or prohibited categories in violation of law or Provider Rules;
(g) is spam, abusive, harassing, or intended to evade carrier filtering or compliance controls; or
(h) otherwise creates legal, regulatory, operational, reputational, Carrier, platform, marketplace, or payment risk for ZNF.

14.3 ZNF may reject, block, suspend, filter, truncate, delay, or terminate any message or campaign in its sole discretion where ZNF believes the content or use creates unacceptable risk or violates applicable law or Provider Rules.

15. International Users; Jurisdictional Restrictions

15.1 The Service is intended primarily for use in jurisdictions where ZNF determines it can lawfully and commercially operate.

15.2 If you access or enroll in the Service from outside the United States, you do so at your own risk and are solely responsible for compliance with local law to the extent applicable to your conduct.

15.3 ZNF reserves the right to refuse, restrict, geoblock, suspend, or terminate enrollment or delivery of messages in any jurisdiction where:
(a) local law imposes additional requirements;
(b) ZNF cannot reasonably verify compliance;
(c) the operational or legal burden is commercially unreasonable; or
(d) carriers, messaging providers, or platforms restrict such messaging.

15.4 Nothing in these Mobile Terms shall be construed as a representation by ZNF that the Service is lawful, available, or appropriate in every jurisdiction.

16. Reservation of Rights; Suspension; Termination

16.1 ZNF may, with or without notice and without liability to you except as required by law, suspend, throttle, restrict, decline, or terminate your access to or participation in the Service if:
(a) you violate these Mobile Terms, the TOU, or any ZNF Legal Policy;
(b) you submit inaccurate information;
(c) your number appears reassigned or unauthorized;
(d) ZNF detects fraud, abuse, security risk, or suspicious activity;
(e) a Carrier, platform, provider, insurer, or regulator requires or requests suspension; or
(f) continued operation of the Service presents legal, financial, operational, or reputational risk to ZNF.

16.2 ZNF may maintain internal suppression lists or blocklists and may refuse reenrollment where permitted by law.

17. Disclaimer of Warranties; Limitation of Liability

17.1 The Service is provided on an “as is,” “as available,” and “with all faults” basis to the fullest extent permitted by law.

17.2 To the maximum extent permitted by applicable law, ZNF, its affiliates, licensors, service providers, messaging vendors, aggregators, Carriers, and agents disclaim all warranties, express, implied, or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, timeliness, quiet enjoyment, and uninterrupted operation.

17.3 To the maximum extent permitted by law, ZNF shall not be liable for any indirect, incidental, consequential, special, exemplary, enhanced, statutory, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or use, arising out of or relating to the Service, including, without limitation, delayed, misdirected, filtered, blocked, duplicate, truncated, failed, or undelivered messages.

17.4 To the extent any liability cannot be disclaimed, the TOU’s liability cap and remedy limitations apply to the fullest extent permitted by law.

17.5 Nothing in these Mobile Terms excludes or limits any right that cannot be waived or limited under applicable law.

18. Indemnification

You agree to defend, indemnify, and hold harmless ZNF, its affiliates, officers, directors, employees, agents, vendors, messaging providers, and service providers from and against any claims, demands, losses, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) your breach of these Mobile Terms;
(b) your submission of a number you did not own or control;
(c) your failure to update a changed or reassigned number;
(d) your misuse of the Service;
(e) content or instructions you cause to be sent through the Service; or
(f) your violation of applicable law or third-party rights.

19. Dispute Resolution; Arbitration; Class Waiver

19.1 All disputes, claims, and controversies arising out of or relating to these Mobile Terms or the Service are governed exclusively by the dispute-resolution, pre-arbitration notice, individual arbitration, class-waiver, venue, delegation, fee-allocation, and related provisions set forth in the TOU, which are incorporated herein by reference.

19.2 To the extent of any inconsistency between these Mobile Terms and the TOU regarding dispute resolution, the TOU controls.

19.3 Nothing in these Mobile Terms shall be construed to waive any non-waivable statutory rights or remedies.

20. Governing Law; Compliance; Severability; No Waiver; Survival; Amendments

20.1 Subject to the supremacy of the Federal Arbitration Act, any applicable federal law, and any non-waivable rights that must apply based on your location, these Mobile Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-laws principles.

20.2 ZNF intends for the Service and these Mobile Terms to comply with applicable federal, state, and local law, as well as applicable Provider Rules. Nothing in these Mobile Terms shall be interpreted to reduce or waive any obligation imposed by non-waivable law.

20.3 If any provision of these Mobile Terms is found invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law or, if necessary, modified only to the minimum extent necessary so that the remainder remains in full force and effect.

20.4 ZNF’s failure to enforce any provision shall not constitute a waiver of that provision or any other right.

20.5 Any provisions that by their nature should survive suspension, revocation, termination, or discontinuation of the Service shall survive, including, without limitation, provisions concerning consent records, suppression records, privacy, disclaimers, liability limitations, indemnity, dispute resolution, governing law, evidence preservation, and enforcement.

20.6 ZNF may amend these Mobile Terms from time to time by posting the revised version on the Legal page or otherwise making it available through the Service. Unless applicable law requires additional notice or affirmative consent, the revised Mobile Terms become effective upon posting or on any later effective date stated in the revision. Continued enrollment in or use of the Service after the effective date constitutes acceptance of the revised Mobile Terms.

21. Contact Information

For questions regarding these Mobile Terms or the Service, contact:

Z Natural Foods LLC
5407 N Haverhill Rd Unit 336
West Palm Beach, FL 33407
Email: orders@znaturalfoods.com
SMS support / opt-out number: +1-888-724-8745

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If you have questions or need assistance, please contact our Customer Care team. For topics governed by dedicated policies, please consult the complete, current versions on our Legal page; each is incorporated by reference into this Agreement and applies to all access and use of our Sites, Products, and Services, including automated access. These policies include, without limitation: Terms of Use Policy, Privacy Policy, Legal Notice Disclaimer, Return Policy, Accessibility Statement, California Prop 65 Notice, Subscriptions, Shipping Policy, Cookie Policy, DMCA Compliance Statement, Mobile Terms of Service, Content Policy, Advertising & Analytics Policy, Information & Security Policy, Product Reviews Policy, Agent Terms, GDPR Statement, and CCPA Opt-out.

If a concern or dispute arises, you must follow the Initial Dispute Resolution process and the Binding Arbitration requirements set forth in §16. Your continued use of the Sites or Services constitutes acceptance of the then-current Terms, including all incorporated policies and dispute-resolution requirements.

By using our Sites, Products, Services, Service Providers, placing an order, or contacting us through any channel, you acknowledge that you have read, understand, and agree to be bound by this Agreement and all incorporated ZNF policies referenced above and available on the Legal page.