Terms of Use Policy
Terms of Use
Updated: February 1, 2025
PLEASE READ THESE CONTRACTUAL TERMS AND CONDITIONS OF USE AND SERVICE (“AGREEMENT”) CAREFULLY. THIS DOCUMENT CONTAINS CRITICAL INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND POTENTIAL LIMITATIONS AND EXCLUSIONS OF LIABILITY.
By accessing, browsing, and/or utilizing the ZNaturalFoods.com website (the “Site”) and any associated services (“Services”), you (“Customer,” “Your,” “Consumer,” “Wholesaler,” “Retailer,” “Distributor,” “Client,” “Viewer,” or “Website Visitor”) irrevocably acknowledge and agree that you have fully read, comprehended, and assented to be legally bound by these Contract Terms. Your use of the Site is expressly conditioned upon your adherence not only to these Terms but also to all applicable federal, state, local, and international laws and regulations – including, without limitation, U.S. export and re-export control laws. If you do not agree with these Terms or any part thereof, you must immediately cease accessing or using the Site and its Services.
1. BINDING AGREEMENT
This Agreement constitutes a legally binding contract between you and Z Natural Foods LLC (“Z Natural Foods,” “ZNF,” “We,” “Us,” “Our,” “Store,” or “the Company”), whose principal offices are located in Palm Beach, Florida. Regardless of whether you are aware of or have reviewed any of our other legal policies or published terms—collectively referred to as the “TOU” (which includes, without limitation, the 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, Bot & Crawler Policy, GDPR Statement, CCPA Opt-out, and any other notices or terms now or hereafter promulgated)—you are unconditionally bound by all such provisions upon accessing or utilizing this Site. No subsequent or separate document or communication shall modify or amend these Terms unless expressly agreed to in a written instrument duly executed by both you and ZNF.
2. NO AMENDMENTS OR ADDITIONAL TERMS
Any attempt by you or any third party to alter, supplement, or amend these Terms – or to place orders for products or services subject to any additional, conflicting, or modified terms – shall be considered null and void unless such modifications are memorialized in a written agreement signed by both parties. No course of conduct, purchase order, or other document shall be deemed to modify these Terms.
3. SCOPE OF APPLICATION
You are currently viewing a page of one or more websites owned or controlled by ZNF. The Site and all Services provided by ZNF, including all communications in connection with business operations, sales, or otherwise, are furnished expressly on an “as is” basis. The materials contained herein are protected by United States Copyright Law as well as international treaties. ZNF maintains and operates the Site from its offices in West Palm Beach, Florida, USA. While every effort is made to ensure the accuracy, accessibility, and appropriateness of the content for users within the United States, ZNF does not warrant that the materials are suitable or lawful for access from jurisdictions where their publication or use is prohibited. Users who access the Site from such jurisdictions do so at their own risk and are solely responsible for compliance with all applicable local laws.
4. MATERIAL TERMS AND CONDITIONS
By using the Site and Services, you acknowledge and agree to the following key provisions:
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Information Collection and Privacy:
You expressly consent to the collection, utilization, and disclosure of your personal and other information in accordance with the ZNF Privacy Policy, which is hereby incorporated by reference and is available at www.znaturalfoods.com/pages/legal#tab-2. -
“As Is” Provision and Limitation of Liability:
The Site, all content, and Services are provided on an “as is” and “as available” basis without any express or implied warranties, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement. ZNF’s liability to you is expressly limited as detailed further below. -
Binding Arbitration:
Any dispute, controversy, or claim arising out of or relating to this Agreement or your use of the Site and Services shall be resolved exclusively through binding arbitration, as further detailed in the Arbitration Policy incorporated herein by reference. By accepting these Terms, both you and ZNF irrevocably waive any right to a trial by jury or to participate in any class or representative action. -
Legal Policies and Notices Incorporation:
When you use our Site, Services, or Service Providers, place an order, or contact us, you acknowledge that you have read, understand, and agree to be bound by all of our policies referenced and/or published on this site. These policies, collectively referred to as TOU, include the 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, Bot & Crawler Policy, GDPR Statement, CCPA Opt-out, and any other notices or terms now or hereafter promulgated.
5. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
Before utilizing any of ZNF’s Services, placing an order, or communicating with our customer service, you must carefully review and understand this Agreement in its entirety. By accessing or using the Site, Services, or any associated communication channels, you expressly affirm that you have read, fully understood, and voluntarily accept all the terms and conditions contained herein. Your continued use of the Site constitutes your unambiguous acceptance of any modifications that may be made by ZNF from time to time, effective upon posting or notification.
6. VALIDITY, ENFORCEABILITY, AND SURVIVAL OF PROVISIONS
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be reformed to the extent necessary to reflect the original intent in a valid and enforceable manner, and the remainder of the Agreement shall remain in full force and effect. Notwithstanding termination or suspension of this Agreement, the following provisions shall survive: warranties, limitation of liability, binding arbitration, waiver of class-action rights, severability, copyright and licensing, use restrictions, idea submissions, indemnification, third party rights, accessibility, miscellaneous provisions, California Prop 65 Warning, and all overarching contractual obligations.
7. CONTINUING OBLIGATIONS POST-TERMINATION
Upon the termination or expiration of this Agreement—regardless of the terminating party—both you and ZNF shall remain bound by all continuing obligations under this Agreement, except for those provisions that specifically pertain solely to the limited license granted to you or modifications to the Service, which shall cease upon termination.
8. GOVERNING LAW, JURISDICTION, AND ARBITRATION VENUE
This Agreement, including any transactions conducted on or through the Site, shall be governed exclusively by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict-of-law principles. Both you and ZNF irrevocably consent to submit to the exclusive jurisdiction and venue of the state and federal courts located within Florida for any disputes arising out of or relating to this Agreement. To the maximum extent permitted by law, both parties further agree that all such disputes shall be resolved solely through binding arbitration in Florida, in accordance with the procedures detailed herein and in any accompanying arbitration policy. Use of the Site and Services in any jurisdiction that does not recognize or enforce these arbitration provisions is strictly prohibited.
9. NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP
Nothing contained in this Agreement shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and ZNF. ZNF’s obligations under this Agreement are subject to prevailing laws and legal procedures, and nothing herein limits ZNF’s right to comply with governmental, judicial, or law enforcement requests, orders, or requirements regarding your use of the Site or Services, or any information provided by you.
10. COMPREHENSIVE LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
Acceptance of Terms of Use:
By accessing or using the Z Natural Foods website, its content, Services, or by placing any order (via the Internet, telephone, facsimile, or any other means), you unconditionally agree to be bound by these Terms. Your use of ZNF’s Services signifies your affirmation that you have read, understood, and accepted these Terms in their entirety.
Information Accuracy and Liability Disclaimer:
The information provided on the Site is aggregated from various sources and information providers. Neither ZNF nor any information provider warrants the accuracy, completeness, timeliness, or reliability of any content. All such information is provided without warranties of any kind, either express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose. Should any liability arise from claims related to inaccuracies or errors, the aggregate liability of ZNF or any information provider shall not exceed the fees paid by you for the specific service or information provided. Neither direct nor consequential damages, whether arising from warranty, contract, tort (including negligence), strict liability, or otherwise, shall be attributable to ZNF or its information providers.
General Informational and Healthcare Disclaimer:
All information on the Site is intended solely for general informational purposes and is not a substitute for professional medical advice, diagnosis, or treatment. The Site does not recommend or endorse self-management of any health condition and does not cover every possible disease, ailment, or treatment. Users are advised to seek prompt advice from qualified healthcare professionals regarding any health-related concerns and should not delay seeking such advice based on content provided by ZNF. For further details, please refer to our Legal Notice Disclaimer.
Limitation of Liability:
Under no circumstances shall ZNF, its affiliates, officers, directors, employees, agents, or service providers be liable for any damages whatsoever arising out of or in connection with your use or inability to use the Site, Services, content, products, or any information provided—whether such liability arises from breach of contract, statutory duty (including ADA accessibility issues), negligence, tort, or otherwise. This limitation includes, but is not limited to, any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including lost profits, business interruption, medical expenses, and legal fees), regardless of whether ZNF has been advised of the possibility of such damages.
Specific Exclusions:
The foregoing limitations of liability apply equally to all damages incurred from or relating to (i) any failure of performance, error, omission, interruption, computer virus, or network failure; (ii) any misleading or deceptive conduct by ZNF or its service providers; and (iii) any direct, incidental, or consequential damages.
Disclaimer of Warranties:
ZNF expressly disclaims all warranties, whether express or implied, including without limitation any warranty of non-infringement, merchantability, or fitness for a particular purpose. ZNF makes no representations regarding the efficacy, safety, nutritional potency, or suitability of any products offered on the Site. Products have not been evaluated by the Food and Drug Administration (FDA), the United States Department of Agriculture (USDA), or any comparable regulatory authority, and are not intended to diagnose, treat, cure, or prevent any disease.
11. INDEMNIFICATION AND DEFENSE
You agree to indemnify, defend, and hold harmless Z Natural Foods, 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 reasonable attorneys’ fees and legal costs—that arise out of or are related to:
• Your use of the Site or Services;
• Any breach or violation of this Agreement; or
• Any infringement or misappropriation of any intellectual property or other rights of any third party by you.
This indemnification obligation shall survive the termination or expiration of this Agreement.
By continuing to access or use the Z Natural Foods website, Services, or any related communication channels, you acknowledge that you have read, understood, and unconditionally accept all terms and conditions set forth herein. If you do not agree to be bound by these Terms, you are expressly prohibited from accessing or using the Site and its Services.
12. GENERAL DISCLAIMER
12.1 Product Warranty Disclaimers
Z Natural Foods (ZNF) unequivocally disclaims all warranties and liability related to any products, except as expressly provided elsewhere in this Agreement or any other applicable policy referenced on our website. This disclaimer includes, but is not limited to, any implied warranties of merchantability, non-infringement, and fitness for a particular purpose with respect to all content, products, and services offered by ZNF. Under no circumstances shall ZNF be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or in connection with your use or inability to use any product, service, or content—even if ZNF has been advised of the possibility of such damages.
12.2 Representations and Warranties by You
You represent and warrant that you possess the legal authority and capacity to agree to and be bound by the terms of this Agreement. If you are under 18 years of age, you confirm that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. You further warrant that all information provided to ZNF is accurate, current, and complete, and that you own or have sufficient rights to meet your obligations under this Agreement. Additionally, you affirm that your use of ZNF and its Services is lawful in every jurisdiction in which you access or use the Site.
12.3 Disclaimer of Warranties for Site and Products
You acknowledge that your use of ZNF’s Services, content, and products is entirely at your own risk. The Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. ZNF disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. ZNF does not warrant that the Services will meet your requirements, operate without interruption, be timely, secure, or error-free, or that the results obtained from the use thereof will be effective, accurate, or reliable. Furthermore, no warranty is provided regarding the quality, accuracy, timeliness, usefulness, completeness, or reliability of any materials on ZNF sites or products, nor does ZNF guarantee that its sites or servers are free of viruses or other harmful components. Any instructions, guidance, or recipes provided are offered without any guarantee of success.
12.4 Enforceability of Third-Party Indemnification
The indemnification provisions set forth in this Agreement extend to and may be enforced by ZNF and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers. Each such entity or individual is entitled to assert these rights directly against you.
12.5 Limitation of Liability
ZNF unequivocally disclaims all warranties and liability for any information disseminated through its website or via any form of communication—including email, chat, phone, social media, or otherwise—particularly regarding health and nutrition supplements. The information provided is solely for discussion with healthcare professionals and must not be construed as medical advice. ZNF makes no representations regarding the efficacy, safety, nutritional potency, or suitability of any products offered. Products have not been evaluated by the U.S. Food and Drug Administration (FDA) or the United States Department of Agriculture (USDA) and are not intended to diagnose, treat, cure, or prevent any disease. In no event shall ZNF be liable for any damages arising out of or in connection with your use of the Site, Services, content, or any products or information provided, including but not limited to lost profits, business interruption, medical expenses, or legal fees, regardless of the legal theory upon which any claim is based (warranty, contract, tort, strict liability, etc.), even if ZNF has been advised of the possibility of such damages.
12.6 Medical Disclaimer and Health Information Guidance
12.6.1 General Information Disclaimer
The information provided on the Z Natural Foods website is intended solely for general informational purposes and must not be construed as professional medical advice, diagnosis, or treatment. ZNF disclaims all representations and warranties regarding 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 should never substitute for professional medical advice. For further details, please refer to our Legal Notice Disclaimer.
12.6.2 Consultation Requirement
You are strongly urged to consult with a qualified healthcare professional before initiating any dietary, nutritional, herbal, or homeopathic supplement, or before undertaking any new diet, exercise, or supplementation program. This recommendation is especially critical if you are under 18 years old, pregnant, nursing, or have any preexisting health conditions. Your healthcare provider is best equipped to determine the suitability of any regimen for your personal needs.
12.6.3 Caution Against Disregarding Professional Advice
Do not ignore or postpone seeking professional medical advice based on any information provided on the ZNF website or via communication with ZNF. Should you have or suspect you have a medical issue, immediately consult your healthcare provider. ZNF does not endorse or validate any specific tests, studies, physicians, products, procedures, or opinions that may be mentioned on the Site; all such use is solely at your own risk.
12.6.4 FDA Disclaimer and Product Information
All information, products, descriptions, claims, reviews, and testimonials on this Site have not been evaluated by ZNF or the U.S. Food and Drug Administration (FDA) and are provided for informational purposes only. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Always consult a healthcare professional before using any product or initiating any dietary, exercise, or supplementation program.
12.6.5 Safety and Well-Being Emphasis
Z Natural Foods prioritizes your safety and well-being. We recommend that you consult a qualified professional for any health concerns persisting longer than two weeks. Inform your healthcare provider about any supplemental nutrition you are using, and do not discontinue any prescribed medication without prior consultation with your physician. Individual results may vary, and any claims of guaranteed health improvements should be approached with caution. The information provided is intended to support—not replace—the professional relationship between you and your healthcare providers.
13. PRODUCT TERMS AND CONDITIONS, PAYMENT TERMS, AND PROMOTIONS
13.1 Product Terms and Conditions
(a) Product Information and Updates:
Z Natural Foods (ZNF) regularly reviews and updates its Foods Policy and associated product information. Despite our diligent efforts to maintain accuracy, occasional inaccuracies or errors may occur in product descriptions, photographs, labeling, nutrition facts, nutritional potency, or claims. ZNF reserves the right to discontinue or limit products and to modify prices and promotions without prior notice. We continually strive to ensure the accuracy and reliability of all information on our Site and Services and welcome feedback regarding any discrepancies or misrepresentations.
(b) Product Availability and Pricing:
All products offered by ZNF are subject to availability. ZNF reserves the right to refuse or cancel orders if any errors related to product quantity, price, or information are identified, thereby absolving ZNF of any resulting liability. In the event an order is canceled after your account has been charged, ZNF will issue a credit to your account for the charged amount.
(c) Authorized Distributor and Warranty Policy:
To ensure product quality and reliability, ZNF maintains a network of authorized dealers. Warranties are honored only for items purchased directly from ZNF or an authorized ZNF dealer and require valid receipts or proof of purchase. Products purchased from unauthorized dealers, or where the original label has been removed or altered, void any applicable warranty. Customers are urged to verify authorized dealers to ensure product quality and warranty validity.
13.2 Terms of Payment and Account Responsibilities
(a) Purchasing Terms:
All e-commerce transactions facilitated by ZNF, or its authorized service provider, are governed by this Agreement. ZNF is not responsible for goods or services procured via external websites or pages—even if linked from our Site. You must report any product issues for support within a 30-day period. The sole remedy for product issues and the maximum liability of ZNF shall be limited to the amount you paid for the product.
(b) Acknowledgment of Payment Terms:
You acknowledge that ZNF reserves the right to charge for its services and may change fees at its discretion. If your account or membership is terminated due to a breach of this Agreement, no refund of prepaid fees or payments shall be provided. By purchasing or using ZNF credits or making direct payments, you agree to comply with the applicable payment terms.
(c) Payment Procedures:
Payment is required prior to acceptance or shipment of an order unless otherwise agreed in writing by ZNF. Acceptable payment methods include credit card, money order, wire transfer, or other prearranged methods subject to credit approval. Invoices must be paid within the specified period, and ZNF reserves the right to invoice parts of an order separately. Price quotations are valid for the period stated, and orders shall only be binding upon ZNF’s acceptance.
(d) Order Acceptance and Limitations:
An order confirmation does not constitute acceptance of your order or a binding offer to sell. ZNF reserves the right to accept or decline orders until delivery. Additionally, ZNF may limit the quantity of items in an order and will notify you accordingly. Orders exceeding $500.00 require pre-approval in accordance with our credit and fraud prevention policy. ZNF retains the right to refuse, cancel, or require the return of products not meeting these conditions.
(e) Taxes and Shipping Charges:
You are responsible for all taxes related to the sale or use of our products. Taxes and shipping charges will be listed separately on the invoice. Without a valid tax exemption certificate, you are responsible for all applicable sales and other taxes, except for ZNF’s franchise or net income taxes. Depending on product availability, multiple items in an order may be shipped separately.
(f) Password Security and Account Usage:
Upon registration, you will select a password. You must maintain the confidentiality of your password and refrain from using another member’s account, username, or password—or disclosing your password to third parties. You are required to immediately notify ZNF of any unauthorized account usage or password breach and are solely responsible for all activities conducted through your account.
(g) Accessibility Commitment:
ZNF is committed to ensuring that our products and digital services are accessible to all users, including individuals with disabilities. We adhere to the W3C WCAG V2.1 Level AA guidelines in designing and developing our products. To maintain accessibility, we routinely audit our offerings using assistive technologies (such as JAWS, NVDA, VoiceOver, and TalkBack), both internally and via third-party evaluations. For further details, please refer to our Accessibility Statement.
(h) Title and Risk of Loss:
Title to products and any associated software remains with ZNF or the applicable licensor(s). Risk of loss transfers from ZNF to you upon shipment from our facility. If ZNF selects the shipping carrier, any loss or damage during transit is ZNF’s responsibility; if you select the carrier, you assume responsibility for any loss or damage incurred during shipping.
13.3 Terms and Conditions for Promotions at Z Natural Foods
(a) Promotion Overview:
ZNF may offer various promotions—including coupons, contests, sweepstakes, sales, auctions, discounts, and special offers (“Promotions”)—through our Site or affiliated community sites. These Promotions are designed to provide additional value and engagement for our customers.
(b) Additional Terms for Promotions:
Each Promotion may be subject to its own set of Additional Terms, which will be provided to participants and are integral to this Agreement. Your participation in any Promotion constitutes your acceptance of such Additional Terms.
(c) Reservation of Rights:
ZNF reserves the exclusive right to modify, cancel, or amend any Promotion—including its terms, coupons, discounts, or offers—at any time and for any reason without prior notice. ZNF also retains the right to disqualify or withdraw any promotional offer at its sole discretion.
(d) Eligibility:
Participation in Promotions is open to individuals who are legally capable of entering into binding contracts under applicable law. ZNF employees and their immediate family members may be excluded from participation. Specific eligibility criteria for each Promotion will be defined in its Additional Terms.
(e) Promotion Period:
Each Promotion will run for a specified period as outlined in its Additional Terms. ZNF reserves the right to alter the duration of any Promotion at its discretion.
(f) Participation and Entry:
To participate, you must adhere to the instructions provided in the Promotion details. Incomplete, late, or non-compliant entries may be disqualified.
(g) Prizes and Redemption:
Details regarding prizes—including their nature, value, and redemption terms—will be provided for each Promotion. Prizes are non-transferable and must be accepted as awarded. Taxes and fees associated with prize redemption are the sole responsibility of the prize recipient.
(h) Winner Selection and Notification:
Winners will be selected according to the methods specified in each Promotion and notified accordingly. Failure to respond, claim a prize, or comply with the Promotion requirements may result in forfeiture.
(i) General Conditions:
Participants must comply with all applicable federal, state, and local laws. ZNF reserves the right to disqualify any participant engaging in fraudulent or unfair practices.
(j) Limitation of Liability (Promotions):
ZNF shall not be liable for any errors, omissions, interruptions, deletions, defects, delays, or failures in conducting Promotions. ZNF reserves the right to cancel or modify Promotions due to unforeseen circumstances.
(k) Privacy for Promotions:
Participation in any Promotion constitutes your agreement to the collection and use of your personal information in accordance with ZNF’s Privacy Policy and any Promotion-specific terms.
Your engagement with our products, services, and Promotions is additionally governed by our comprehensive legal framework—which includes the 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, Bot & Crawler Policy, GDPR Statement, and CCPA Opt-out.
14. ENTIRE AGREEMENT AND GOVERNING LAW
14.1 Entire Agreement Clause
This Agreement, together with all legal policies and notices referenced herein—including, without limitation, the 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, Bot & Crawler Policy, GDPR Statement, and CCPA Opt-out—constitutes the complete and exclusive understanding between you and ZNF regarding your use of the ZNF website and Services. This Agreement supersedes all prior or contemporaneous written or oral agreements, communications, or proposals related to the Site and Services. A printed version of this Agreement, along with any electronic notices, shall be admissible in judicial or administrative proceedings to the same extent as original printed business documents. Both parties agree that this Agreement and all related documents shall be drafted and interpreted in English, and in the event of any conflict, the English version shall prevail.
14.2 Governing Law
This Agreement, including all terms contained herein, shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict-of-law rules. By entering into this Agreement, you waive any and all objections to the jurisdiction and venue of the state and federal courts located in Florida.
15. MISCELLANEOUS PROVISIONS
15.1 Force Majeure
ZNF shall not be liable for any failure to perform or delay in performance of any obligation under this Agreement resulting from events beyond its reasonable control, including but not limited to natural disasters, labor strikes, government orders, war, terrorism, or any other unforeseeable events ("Force Majeure"). In such circumstances, performance is suspended for the duration of the Force Majeure event.
15.2 User Feedback and Submissions
Any feedback, suggestions, or other information you provide regarding the Site, products, or Promotions becomes the sole property of ZNF. By submitting such information, you grant ZNF a worldwide, royalty-free, perpetual license to use, reproduce, modify, distribute, and disclose such information without any obligation of compensation or attribution.
15.3 Third-Party Content and Links
The Site may contain links to third-party websites or display content from third-party sources. ZNF does not control, endorse, or assume any responsibility for the accuracy, reliability, or legality of such third-party content or websites. Accessing any third-party content is at your own risk, and ZNF shall not be liable for any damages or losses arising from your use of such content.
15.4 Electronic Communications and Consent
By using the Site and Services, you consent to receive electronic communications from ZNF. Such communications, including notices and other information, shall be deemed to have been duly given if sent to the email address you provided, and these electronic communications shall have the same force and effect as written notices.
15.5 Modifications to Product or Promotional Terms
ZNF reserves the right to modify, update, or discontinue any product details, pricing, promotions, or related terms at any time. Any such modifications will be posted on the Site and will take effect immediately upon posting. It is your responsibility to review the applicable terms periodically.
16. Dispute Resolution, Binding Arbitration, Waiver of Class Action Rights, Severability, and Legal Rights Agreement
PLEASE READ CAREFULLY. THIS SECTION SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
16.1 Inauguration of Preliminary Dispute Resolution Process
Z Natural Foods prioritizes customer satisfaction and strongly encourages you to initially contact our Customer Care team regarding any concerns or issues with our Services, as many matters can be amicably resolved through such discussions. To expedite resolution and reduce the costs associated with any potential Dispute (as defined herein), both parties agree to a sixty (60) day period of informal negotiation—hereinafter referred to as the "Initial Dispute Resolution Period"—which commences upon receipt of a written Dispute notice from the other party. All notices from you should be sent to legal@znaturalfoods.com, and Z Natural Foods shall dispatch its notices to the email address you have provided.
A valid Dispute notice that triggers the Initial Dispute Resolution Period must include:
(a) the subject line containing "Notice of Dispute";
(b) a comprehensive description of the claim or dispute and the relevant circumstances;
(c) the date on which the Dispute arose;
(d) the specific remedy or resolution sought; and
(e) the name, email address, and physical address of the party initiating the Dispute.
During this period, a conference (in person or via telephone/video conference) will be convened—with your personal attendance required (counsel participation being optional)—to amicably resolve the dispute. Unless otherwise mutually agreed, each Dispute will be addressed in an individualized conference. Compliance with this informal resolution process is a mandatory condition precedent to initiating any subsequent arbitration or litigation.
The applicable statutes of limitations and filing deadlines for the Dispute shall be tolled during the Initial Dispute Resolution Period. Failure to engage in this required informal negotiation process may result in judicial intervention to suspend further arbitration or litigation proceedings related to the Dispute. Additionally, the designated arbitration provider is instructed to refuse administration or charge fees for any arbitration that violates the terms of this process, except where prohibited by law.
16.2 Acknowledgment of Interstate Commerce and Governing Law
The parties acknowledge that the terms set forth herein form part of a transaction affecting interstate commerce. Consequently, any arbitration conducted under these Terms of Use (TOU) shall be governed by the Federal Arbitration Act (9 U.S.C., Sections 1-16). Both you and Z Natural Foods agree that any dispute, claim, or controversy arising after the effective date of these Terms—including those stemming from the TOU or your use of the Services ("Dispute")—shall be definitively resolved exclusively through binding arbitration, except as expressly provided in Section 16.21 below.
16.3 Initiation of Binding Arbitration
Should a Dispute persist beyond the Initial Dispute Resolution Period and any subsequent discussion or negotiation, either party may initiate binding arbitration. Such arbitration shall be conducted pursuant to the Comprehensive Arbitration Rules and Procedures of JAMS, including any applicable Expedited Procedures, unless the circumstances constitute a Mass Arbitration to be conducted before National Arbitration and Mediation (NAM), as defined herein. If JAMS is unavailable to administer the arbitration, either party may submit the Dispute to another recognized national arbitration entity that administers disputes in a manner substantially similar to the Expedited Procedures under the JAMS Comprehensive Arbitration Rules. Alternatives may include, but are not limited to, the American Arbitration Association (AAA) or FORUM, or any other platform jointly approved by you and Z Natural Foods. In the event of any conflict between the rules of the chosen arbitration administrator and this Arbitration Agreement, the provisions of this Agreement shall prevail. Any arbitrators selected must be duly licensed legal practitioners in the state where the arbitration is conducted and must possess comprehensive knowledge of the substantive law applicable to the Dispute.
16.4 Decisiveness and Confidentiality of Arbitration Outcome
The decision rendered by the arbitrator(s) shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. Both parties agree to maintain strict confidentiality regarding all aspects of the arbitration process and its outcome—including the occurrence of arbitration, all discussions, and the resulting award—except where disclosure is required by law or is necessary to implement or enforce the arbitration award.
16.5 Arbitration Rights and Obligations
The parties, identified herein as "Customer" (which includes Reseller, Wholesaler, Consumer, and/or Website Visitor) and "Z Natural Foods" (including its assignees, agents, employees, consultants, independent contractors, officers, parent companies, sister companies, directors, shareholders, subsidiaries, members, affiliates, predecessors, successors, suppliers, and licensors, collectively "Service Providers"), mutually acknowledge and agree that any Dispute of any nature, regardless of the underlying theory (whether contractual, tortious, statutory, common law, or equitable), shall be resolved exclusively through binding arbitration in accordance with the protocols set forth herein. Either party may invoke the binding arbitration process at any time once the preliminary requirements have been satisfied.
16.6 Commencing Arbitration
After the expiration of the Initial Dispute Resolution Period, any party electing to initiate arbitration shall submit a formal written demand for arbitration to the opposing party and to the agreed-upon arbitration provider. Any arbitration demand against ZNF must be addressed to Z Natural Foods, LLC., attention General Counsel, at the designated address. By submitting a demand for arbitration, the initiating party and its counsel certify, after reasonable inquiry, that:
(i) the arbitration is being initiated in good faith and not for purposes of harassment or undue delay;
(ii) the claims are supported by existing law or a well-founded argument for the creation or modification of legal principles;
(iii) the factual assertions are, or will be upon reasonable investigation, supported by evidence; and
(iv) all preliminary conditions—including the Initial Dispute Resolution Period—have been fully satisfied.
Both parties agree to engage fully in all necessary procedures and execute all required documents to effectuate the arbitration proceedings. The designated arbitrator shall have the authority to rule on all dispositive motions, including motions for judgment on the pleadings, summary judgment, or partial summary judgment.
16.7 Timeliness and Confidentiality of Arbitration Proceedings
All parties, including the Arbitration Administrator, arbitrators, and disputants, shall endeavor to conclude the arbitration proceedings within 180 days from the initiation of the claim, to the extent possible. The confidentiality of all arbitration proceedings is paramount and shall be strictly maintained by all participants, except when disclosure is required by law or necessary for routine business purposes. This confidentiality obligation is intended to preserve the integrity and privacy of the arbitration process. Both parties acknowledge the impact of interstate commerce on this transaction and agree that this Arbitration Agreement is governed by the Federal Arbitration Act (Title 9 of the U.S. Code). In instances where federal law is inapplicable, unenforceable, or void, the laws of the State of Florida shall govern.
16.8 Designation of Venue and Arbitration Procedure
For U.S. residents, arbitration hearings shall be held in the county of your residence or at another mutually agreed-upon location. Non-U.S. residents shall participate in arbitration hearings in Palm Beach County, Florida, or at another mutually agreed-upon venue. If the amount in dispute does not exceed $25,000, the arbitration process may primarily involve document submissions unless the arbitrator, in their discretion, requires an in-person hearing. Both you and Z Natural Foods reserve the right to participate remotely in in-person hearings unless the arbitrator stipulates otherwise. All arbitration proceedings shall be conducted in English.
Notwithstanding the above, both parties submit to the exclusive jurisdiction and venue of state or federal courts in Palm Beach County, Florida, for any disputes that are not subject to arbitration—except for those disputes eligible for small claims court proceedings, which may be filed in the county of your residence. Both parties waive any objections regarding jurisdiction, venue, or inconvenient forum for such disputes.
Arbitration will be conducted before a single neutral arbitrator, focusing solely on the dispute between you and Z Natural Foods. The proceedings will occur in English in Palm Beach County, Florida, either in person, via telephone, or by video conference, as mutually agreed or as determined necessary by the arbitrator. The process shall be dedicated to an efficient and timely exchange of documents and arguments.
16.9 Small Claims Court Alternative
Both parties retain the option to seek resolution of disputes or claims within the jurisdictional limits of small claims court. If arbitration is initiated before the formal appointment of an arbitrator, either party may elect to resolve the dispute in small claims court by providing written notice to both the opposing party and the arbitration provider. Upon such notice, the arbitration provider may close the arbitration proceedings, and neither party shall incur filing fees. Any dispute regarding the appropriateness of small claims jurisdiction shall be determined by a small claims court or another court of competent jurisdiction, not by the arbitrator.
16.10 Authority and Resolution of Arbitrator
The arbitrator shall issue a written, final, and binding decision on the dispute. Upon request, the arbitrator shall provide a detailed statement of reasons for the decision. The arbitrator is obligated to adhere to applicable law when rendering their decision, and the resulting award may be converted into a judgment in any court with appropriate jurisdiction. Both parties agree to abide by and enforce the arbitrator's decision as the conclusive resolution of the dispute.
16.11 Arbitrator’s Authority and Scope Determination
The arbitrator is exclusively empowered to determine the scope and applicability of this arbitration agreement, including whether a particular Dispute falls within its purview. The arbitrator shall have sole jurisdiction to address any issues concerning the validity, enforceability, or extent of this arbitration agreement and is empowered to grant any legal or equitable relief—including injunctive relief and damages—that a court would be authorized to grant.
16.12 Cost and Fee Allocation
The rights to recover attorneys’ fees, costs, and arbitration fees arising from disputes under this Agreement shall be determined by applicable law and relevant arbitration rules. The Arbitration Administrator will specify all fees and expenses incurred during the arbitration process in accordance with legal restrictions. Each party shall generally bear its own attorneys’, experts’, and witness fees, irrespective of the arbitration outcome, unless otherwise mandated by law. However, if one party’s claims, defenses, or procedural strategies are determined to be unfounded, malicious, harassing, or frivolous, the opposing party may request that the arbitrator award attorneys’ fees and related costs on a discretionary basis pursuant to the applicable rules.
16.13 Configuration of Mass Arbitration with NAM
Notwithstanding any previous agreements to utilize JAMS for arbitration and subject to the exceptions provided in Section 16.21 below, if twenty-five (25) or more arbitration demands concerning similar subject matter or sharing legal or factual issues are submitted by the same or coordinated counsel, such proceedings shall constitute a "Mass Arbitration." In that event, the Mass Arbitration shall not be governed by JAMS Rules nor administered by JAMS but shall instead be conducted by National Arbitration and Mediation (NAM) pursuant to its rules, excluding any provisions that facilitate class-wide arbitration ("NAM Rules"). Both parties agree to comply with the Mass Filing Supplemental Dispute Resolution Rules and Procedures established by NAM. Prior to initiating any Mass Arbitration with NAM, both parties shall jointly notify NAM of their intent to proceed under these protocols. Each individual claim within the Mass Arbitration must be submitted in accordance with NAM’s established forms and directives. Should either party fail to adhere to these protocols, the other party may petition NAM for enforcement orders. All arbitration proceedings and associated fees in a Mass Arbitration shall be deferred pending resolution of such enforcement measures. If the Mass Arbitration procedures are deemed invalid or if NAM declines administration, the disputes comprising the Mass Arbitration will be managed by the American Arbitration Association (AAA) in accordance with the terms of this Agreement.
16.14 Management and Efficiency in Mass Arbitration
Both parties agree to cooperate fully during Mass Arbitration proceedings to ensure an efficient, cost-effective resolution. This cooperative effort includes:
(1) the appointment of a Procedural Arbitrator to manage and expedite the process, including making decisions on proposals aimed at streamlining the arbitration when mutual agreement is lacking; and
(2) the establishment of an expedited schedule for the arbitration proceedings.
16.15 Class and Collective Action Exclusion
To the maximum extent permitted by applicable law, the parties (herein "You" and "Z Natural Foods (ZNF)") mutually agree to resolve all disputes solely on an individual basis. You expressly waive any right to participate in any class action, collective action, or class arbitration. Neither party may combine multiple individual claims into a single arbitration proceeding or initiate any form of collective or representative action, unless both parties expressly agree in writing. If you initiate any class or representative action against ZNF, you shall be liable to compensate ZNF $500 per day until such action is withdrawn, and you will be responsible for all related costs and legal fees incurred by ZNF.
16.16 Jury Trial Waiver
By accepting these Terms of Use (TOU), both you and Z Natural Foods expressly waive your right to a jury trial in any judicial proceeding and agree not to participate in any class actions. This Agreement shall be interpreted and enforced under the Federal Arbitration Act. Notwithstanding this waiver, either party retains the right to pursue resolution in small claims court for disputes that fall within that court’s jurisdiction. In the event that either party fails to adhere to the binding arbitration provisions after a legitimate request, the non-complying party shall bear all costs and expenses incurred by the other party in enforcing this arbitration provision.
16.17 Prescriptive Period for Commencement of Actions
Notwithstanding any other statute or law, it is mutually agreed that any claim or cause of action arising out of or related to your use of the Services or these Terms must be commenced within one (1) year from the date the claim or cause of action arose. Failure to initiate action within this period shall result in the permanent waiver and forfeiture of such claim or cause of action. This one-year limitation applies equally to any arbitration proceedings initiated under this Agreement. The obligations under this Arbitration Agreement shall continue to bind both parties beyond the termination, modification, or expiration of their contractual relationship.
16.18 Arbitration Procedure and Enforceability
If any provision of this Dispute Resolution and Arbitration Section is found unenforceable or invalid by a court or arbitrator of competent jurisdiction, that provision shall be severed, and the remaining provisions shall remain in full force and effect. Both parties expressly waive any right to consolidate individual proceedings or engage in any class action lawsuit, collective action, or act as a private attorney general in arbitration. However, if the prohibition against class or collective actions is determined unenforceable for a specific claim after all appeals have been exhausted (or the decision is deemed final), that specific claim shall be stayed and directed to a court of competent jurisdiction, while all other claims shall proceed through arbitration.
16.19 Opt-Out Option
You are granted a thirty (30) day period to opt out of the arbitration and class action waiver provisions set forth herein. To exercise this option, you must provide clear, written notice of your intent to opt out by emailing legal@znaturalfoods.com within thirty (30) days from either your initial use of the Service or from the effective date of the first set of Terms that include these arbitration and class action waiver provisions. Failure to notify within the specified period will be deemed your consent to resolve disputes under these arbitration provisions. Successfully opting out releases you from the binding arbitration and class action waiver obligations contained herein.
16.20 Scope and Enforceability of Arbitration Agreement
This Arbitration Agreement covers all disputes, controversies, or claims arising between the parties, whether based on contract, tort, or any other theory of liability. This includes, without limitation, disputes related to breach of express or implied warranties, unmet contractual obligations, fraudulent inducement, incomplete mutual agreements, deceptive practices, misrepresentations, communication failures, and violations of laws, precedents, or principles of fairness and equity. The Agreement shall remain in effect for all matters arising from or related to the use of the Site, Services, and Service Providers, even after the termination or settlement of accounts.
16.21 Exceptions to Binding Arbitration
Notwithstanding the foregoing, both parties reserve the right to seek court intervention in the following circumstances:
(a) Provisional Remedies: Either party may seek interim or provisional relief from a court of competent jurisdiction during the arbitration process to support the arbitration or enforce compliance with the Initial Dispute Resolution Period, subject to the forum selection provisions herein.
(b) Intellectual Property and Confidentiality Disputes: Notwithstanding any arbitration provisions, both parties may pursue litigation in state or federal courts for disputes arising specifically from intellectual property infringement or misappropriation—including, but not limited to, patent infringements, copyright violations, trademark infringements, and trade secret misappropriations—subject to the forum selection provisions set forth herein.
16.22 Non-Waiver Clause
No failure or delay by Z Natural Foods in exercising any right or remedy provided herein shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of that or any other right or remedy.
16.23 Limited Discovery Clause
The parties agree that any discovery conducted in connection with arbitration shall be strictly limited to that which is reasonably necessary to resolve the dispute and shall be carried out in accordance with the rules of the chosen arbitration administrator, thereby preventing any undue burden or expense.
16.24 Interim Relief Clarification
Nothing in this Agreement shall preclude either party from seeking temporary, preliminary, or injunctive relief in a court of competent jurisdiction to preserve the status quo or protect its rights pending the outcome of arbitration.
16.25 Survival of Arbitration Provisions
The provisions of this Arbitration Agreement shall survive any termination, modification, or expiration of your use of the Services or this Agreement, and shall remain enforceable in perpetuity with respect to any claims arising prior to such termination.
17. Product Diversion and Controlled Resale of ZNF Products
17.1 Compliance and Personal Use Agreement
Customers acknowledge and agree to comply with all applicable federal, state, and local laws and regulations. By purchasing Z Natural Foods (ZNF) products, you represent and warrant that such purchases are made solely for personal, non-commercial use and not for resale or redistribution.
17.2 Authorized Resale Restrictions
The resale of ZNF products is strictly limited to designated, authorized retail partners. No person or entity, other than those expressly designated by ZNF, may purchase products from ZNF.com or from any authorized retail partner with the intent to resell them. Without ZNF’s express written consent, no party is authorized to sell ZNF products on any e-commerce platform, including but not limited to Amazon, eBay, or Walmart. Furthermore, authorized retail partners must refrain from selling ZNF products to any third party known or suspected of intending to resell them. In instances where an authorized retail partner becomes aware—whether independently or upon notification by ZNF—of sales to an unauthorized reseller, the partner must immediately cease such transactions.
17.3 Product Handling and Storage
Authorized retail partners are required to strictly adhere to all ZNF guidelines regarding the handling and storage of products, in full compliance with applicable Material Safety Data Sheets and other ZNF requirements. Products must be stored in secure, climate-controlled environments to preserve quality and ensure consumer safety. Partners are expected to fully cooperate with ZNF in any product recalls or in the dissemination of consumer safety information, and to maintain operational customer service functions (including phone and email support) to address complaints, returns, and related issues. Partners must represent ZNF products accurately using current product images and descriptions. Unauthorized retailers are expressly prohibited from using any ZNF copyrights or trademarks.
17.4 Packaging and Branding Compliance
Authorized retail partners shall sell ZNF products exclusively in their original, unaltered packaging. No relabeling, repackaging, or alteration of ZNF products or their packaging is permitted. Tampering with or removal of serial numbers, UPC codes, batch or lot codes, SKUs, or other identifying markers is strictly forbidden. Partners must not modify any labels or accompanying literature. Use of ZNF trademarks, logos, icons, product names, taglines, or slogans is permitted only as expressly authorized by ZNF. Upon request, retail partners must remove any ZNF trademarks from their materials and must not combine ZNF products with non-ZNF products in a manner that implies endorsement or association by ZNF. With written consent from ZNF, certain authorized retail partners may be exempt from select restrictions for valid business purposes.
17.5 Quality Inspection and Reporting
Upon receipt of ZNF products, authorized retail partners are obligated to promptly inspect the merchandise for any damage, defects, tampering, expiration, or other non-conformities. Defective or non-compliant products must not be sold and should be reported immediately to ZNF.
17.6 Unauthorized Resale and Warranty Voidance
ZNF does not support the unauthorized resale of its products. ZNF cannot ensure the quality or integrity of products sold through unauthorized channels. Customers are urged to purchase directly from ZNF or its authorized retail partners. ZNF explicitly disclaims any warranty or satisfaction guarantee for products obtained from unauthorized resellers and reserves the right to cancel orders, restrict future purchases, or enforce quantity limits (including through multiple account controls) against customers suspected of purchasing for resale purposes.
17.7 Section Headings and Interpretation
The section headings used in this TOU are provided solely for reference purposes and do not form part of this Agreement, nor shall any inference be drawn from them.
17.8 Limited License Provision
Subject to the terms outlined herein, Z Natural Foods (ZNF) retains exclusive ownership or licensing rights over all Content provided within the Services—including, without limitation, text, graphics, designs, user interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code. Such Content is integral to the design, structure, and “look and feel” of the Services and is protected under applicable trade dress, copyright, patent, trademark laws, and other intellectual property rights.
ZNF hereby grants you a conditional, non-exclusive, non-transferable, and revocable license to access and use the Site, Services, and Content solely for personal, non-commercial purposes in strict accordance with these TOU provisions. No additional rights are conferred by implication, estoppel, or otherwise.
17.9 Modification and Suspension of Services
You acknowledge that ZNF reserves the right to modify, suspend, or discontinue any portion of the Services or its Content at any time without notice and without incurring liability. ZNF is under no obligation to update or amend any Content or Services; any such changes, if provided, will be made solely at ZNF’s discretion. Use of the Services or Content for any purpose not expressly permitted in this TOU is strictly prohibited and may result in legal action.
17.10 User Equipment and Services
You are solely responsible for providing all equipment and services (including telephone and internet access) at your own expense to access the Services.
17.11 Copyright and Reproduction Restrictions
No material from this website may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted without the prior written consent of Z Natural Foods or the applicable copyright owner. ZNF permits you to display, copy, distribute, and download materials for personal, non-commercial use only, provided that you do not modify the materials and retain all copyright and proprietary notices. Any breach of these TOU provisions will result in immediate termination of your permission to use the materials, and you must destroy any downloaded or printed materials and Content. You are not permitted to "mirror" any material from this Site on any other server without express written permission from ZNF. Unauthorized use may violate copyright, trademark, privacy, and communications laws.
17.12 Reservation of Rights
ZNF reserves all rights not expressly granted herein. We have established procedures for receiving notifications of alleged copyright, patent, or trademark infringements in compliance with the Digital Millennium Copyright Act (DMCA). For further details, please refer to our DMCA Compliance Statement.
17.13 Responsibility for Third-Party Content
ZNF is not responsible for the content of any communications, materials, or Content posted or uploaded to the Services by third parties. Although we review and monitor such content, ZNF reserves the right to remove any materials deemed abusive, defamatory, obscene, fraudulent, deceptive, or otherwise in violation of these TOU, at its sole discretion.
17.14 Licensing and Intellectual Property Rights
ZNF asserts its legal authority to control, restrict, or terminate access to its communication platforms and to delete any content at its sole discretion. This right applies to content deemed:
(a) offensive, slanderous, or vulgar;
(b) deceptive, misleading, or fraudulent;
(c) infringing on any copyright, trademark, or other intellectual property rights of a third party; or
(d) otherwise unacceptable per ZNF’s unilateral judgment. Any information, guidance, or opinions in discussion forums do not constitute professional advice or directives.
17.15 User Content and License Grant
"User Content" includes all data, information, and materials—such as text, software, music, sound, photographs, graphics, video, messages, and other materials—generated and transmitted by users of the Services, whether public or private. User Content explicitly excludes genetic or health-related information.
By using our Services, you grant ZNF, 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 any User Content you submit, post, or display on or through the Services. This license is granted without additional compensation and does not transfer ownership of your User Content. You further affirm that you have all necessary rights to grant this license and accept full responsibility for any User Content you transmit. ZNF and its designees reserve the right, but not the obligation, to remove or modify any User Content that violates these Terms.
17.16 Third-Party Websites and Hyperlinks
ZNF is not responsible for the content, business practices, or privacy policies of any third-party websites ("Outside Sites") linked to or accessed through ZNF or Community Sites. ZNF does not verify or endorse such sites, and any reliance on them is solely at your risk. If an Outside Site collects your personal information, ZNF assumes no responsibility or liability for its handling. Please review our Privacy Policy for details on how your personal information is managed.
Additional Provisions for Enhanced Protection
17.17 Audit and Record-Keeping Requirements
Authorized retail partners shall maintain complete and accurate records of all purchases, inventory, and sales of ZNF products. Such records must be retained for a minimum of two (2) years and shall be made available for inspection by ZNF upon reasonable notice. Failure to maintain or provide these records may result in immediate termination of your authorized status and the pursuit of all available legal remedies.
17.18 Enforcement and Remedies
In the event of any breach or violation of these provisions, ZNF reserves the right to pursue all legal and equitable remedies available under applicable law, including but not limited to injunctive relief, termination of authorized reseller status, recovery of damages, and reimbursement of legal fees. Unauthorized resale or diversion of ZNF products shall be considered a material breach of these Terms.
17.19 Indemnification for Unauthorized Resale Violations
Any person or entity that violates these terms agrees to indemnify, defend, and hold harmless Z Natural Foods, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from such unauthorized activity.
18. Enforcement, Modification, and Termination of Terms
18.1 Enforcement of Terms and Remedial Measures
You acknowledge that Z Natural Foods (ZNF) retains the absolute right to enforce the terms of this Agreement. In the event of any breach by you—which ZNF considers 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. In such circumstances, in addition to seeking monetary damages, ZNF is entitled to pursue injunctive or other equitable relief as necessary. These remedies are cumulative and 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, to modify, suspend, or discontinue, in whole or in part, the Services without prior notice. ZNF also retains the right to suspend or terminate your account and to refuse any current or future use of the Services if 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 cause. Such termination shall absolve ZNF of any further liability or obligation to you or any third party. Notwithstanding 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 breach of these Terms, failure to comply with applicable laws, discontinuation of service to your jurisdiction, or when providing services is no longer commercially viable. Any suspected fraudulent, abusive, or illegal activity may 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 is effective upon your first use of the Site or Services and will remain in effect until terminated by either party. You may terminate this Agreement at any time by notifying ZNF. Similarly, ZNF may terminate this Agreement at any time, without notice, and consequently deny you access to the Services if 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 regarding your use of the Services if such action is 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 third-party rights, or to protect the rights, property, or safety of ZNF, its users, or the public. Any such disclosure shall be made in accordance with all applicable legal requirements.
18.7 Legal Action and Recovery of Costs
In the event that ZNF initiates legal action against you due to your violation of these Terms, you agree that ZNF shall be entitled to recover all reasonable attorneys’ fees and related costs incurred, in addition to any other relief granted by law or equity. You further acknowledge that ZNF shall not be liable to you or any third party for terminating your access to the Services as a result of any breach or suspected breach of these Terms.
Registration and Eligibility for Z Natural Foods Services
18.8 Registration and Membership
Use of Z Natural Foods (ZNF) services and registration for membership ("Membership") is permitted only where legally valid. By registering, you affirm that you are at least 18 years old, an emancipated minor, or that you have obtained the express consent of a parent or legal guardian. You further represent and warrant that you are fully capable of entering into and complying 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 you provide is truthful, accurate, and current;
(b) You will maintain the accuracy of such information;
(c) You will create only one account; and
(d) Your use of ZNF services does not violate any applicable law or regulation. Visitors under the age of 18 must be accompanied by a parent or legal guardian 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. If it is determined that you do not meet 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 such termination.
18.10 Corporate Use
If you access or use ZNF services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these TOU. In such instances, "You" shall refer to that entity.
18.11 Compliance with Terms
You agree to abide by all terms, conditions, and notices of this Agreement and warrant that you will not use ZNF services for any unlawful or prohibited purpose. You are strictly prohibited from using ZNF services in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
18.12 Registration Requirements
To register with ZNF, you must provide accurate and current information, including a valid email address, password, and any other required details. Your account is personal and non-transferable, and you are solely responsible for all activities that occur under your account. If you are between the ages of 13 and 17, you must provide your parent’s or legal guardian’s consent and login details. You are required to keep your login credentials confidential and to notify ZNF immediately if you suspect any unauthorized use or security breach.
18.13 Unique Username and Password
Certain features of the Site require you to create a unique username and password. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. Immediate notification to ZNF is required if you become aware of any unauthorized use or breach.
18.14 Display Name and Profile
Upon registering with ZNF, you may choose a display name (or use your first name) to accompany your profile picture. Display names are non-exclusive, and you may change your display name at any time. ZNF reserves the right to modify or delete display names at its sole discretion.
18.15 Privacy Policy
By using ZNF services, you acknowledge that you have read, understood, and agreed to our Privacy Policy, which details how we collect, use, disclose, and store your personal information. The Privacy Policy is incorporated herein by reference and is an integral part of this Agreement.
Additional Provisions for Enhanced Protection
18.16 Assignment
ZNF may assign, transfer, or delegate this Agreement, in whole or in part, to any successor, affiliate, or third party without notice or your consent. You may not assign or transfer any rights or obligations under this Agreement without the prior written consent of ZNF, and any attempt to do so shall be null and void. This Agreement shall inure to the benefit of and be binding upon the successors and permitted assigns of ZNF.
18.17 Notice of Modifications
ZNF reserves the right to modify these Terms at any time. Any modifications will be posted on the Site and become effective immediately upon posting. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms. It is your responsibility to review the Terms periodically for any changes.
19. Return Policy, Miscellaneous Terms, California Proposition 65 Compliance, and RSS Feeds & Podcasts Terms
19.1 Return Policy and Guidelines at Z Natural Foods
(a) Customer Satisfaction and Return Eligibility:
Z Natural Foods is committed to customer satisfaction and will endeavor to address any issues with your order in a prompt and fair manner. Returns and refunds are subject to the specific policies outlined below and are accepted solely at Z Natural Foods’ discretion on a case-by-case basis. All determinations regarding returns are final and shall not be subject to dispute.
(b) Product Quality Assurance:
Our products are guaranteed to be fresh and pure when stored according to our guidelines. However, natural variations between batches may occur. Returns or refunds based solely on personal taste or preferences are generally not accepted.
(c) Return Process and Conditions:
Returns may be considered within thirty (30) days of purchase. To initiate a return, you must first contact Z Natural Foods to obtain a Return Merchandise Authorization (RMA) number. Products eligible for return must be unopened, unused, and in resalable condition. Opened food products are generally not eligible for return. Please note that return shipping and handling charges may apply to undeliverable or refused packages, at your expense, except where a confirmed error or damage attributable to Z Natural Foods is demonstrated.
(d) Restocking Fee and Refunds:
Upon receipt of returned items, Z Natural Foods will inspect the product. At its discretion, a minimum restocking fee of 20% may be applied. Credit or refund will be processed only after a satisfactory inspection. Z Natural Foods shall not be responsible for return shipping costs unless a product error or damage is confirmed.
(e) Shipping Damages and Errors:
In the event of shipping damages or errors in the products shipped, Z Natural Foods may, at its sole discretion, reship or refund the order and may require the return of the original shipment.
(f) Purchases from Other Retailers:
This Return Policy applies exclusively to purchases made directly from Z Natural Foods. For products purchased through other retailers or sales channels, please seek returns or redress from the respective seller.
(g) Customer Responsibility:
Before placing an order, it is your responsibility to review and understand all relevant product information, including the country of origin and constituent ingredients. For further details or inquiries regarding our Returns & Refunds Policy, please contact our customer service directly.
19.2 Miscellaneous Terms and Conditions
(a) Non-Waiver:
The failure or delay by Z Natural Foods (ZNF) to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will only be effective if it is in writing and signed by ZNF.
(b) Modification of Agreement:
ZNF may unilaterally modify this Agreement at any time, and such modifications shall become effective immediately upon their posting on the Site. You are responsible for regularly reviewing this Agreement to ensure awareness of any changes. By continuing to use the Site or Services after changes are posted, you accept and agree to be bound by the modified Agreement.
(c) Assignment and Delegation:
You shall not assign or delegate any rights or obligations arising under this Agreement without the prior written consent of ZNF. Any attempt to do so without ZNF's consent shall be void. Conversely, ZNF may assign or delegate its rights and obligations under this Agreement, in whole or in part, to any third party at its discretion without requiring prior notice or consent from you. This right ensures the transferability and management of ZNF's contractual rights and responsibilities as necessary for its business operations.
19.3 California Proposition 65 Notice, Warnings, and Client Compliance Obligations
(a) Notice and Compliance with California Proposition 65:
Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986) mandates that businesses warn Californians about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm. As a California resident purchasing from Z Natural Foods, you acknowledge that appropriate Proposition 65 warnings are provided for products intended for the California market. These warnings do not imply that the products breach any safety standards. Z Natural Foods is committed to complying with all relevant safety standards and regulations. For additional details, please consult the California Office of Environmental Health Hazard Assessment website.
(b) Acknowledgment of California Proposition 65 Warnings:
By purchasing products destined for California, you acknowledge and accept the following warnings:
-
WARNING: Cancer and Reproductive Harm – For additional information, please visit www.P65Warnings.ca.gov/food;
or -
WARNING: Consuming this product can expose you to chemicals, including lead, known to the State of California to cause cancer and birth defects or other reproductive harm. For additional details, please visit www.P65Warnings.ca.gov/food.
These warnings are intended solely to inform you of potential chemical exposures and do not necessarily indicate that the product violates any safety standards.
(c) Client Responsibilities Under California Proposition 65:
If you use Z Natural Foods products for further manufacturing, repackaging, private labeling, or resale, you are responsible for ensuring compliance with all Proposition 65 notice requirements. This responsibility includes providing all necessary and legally compliant notices and warnings to end-users, retailers, or any downstream clients for products entering the California market.
(d) Warning and Labeling Requirements:
It is your responsibility to verify that all finished products containing chemicals at actionable levels under Proposition 65 are appropriately labeled with the required warnings. Compliance with all applicable laws—including Proposition 65's specific labeling and online warning requirements—is mandatory.
(e) Indemnification for Non-Compliance:
By purchasing or using Z Natural Foods products, you agree to indemnify and hold harmless Z Natural Foods, its subsidiaries, affiliates, directors, officers, agents, employees, and legal representatives from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your failure to comply with California Proposition 65 notice and warning requirements. This indemnity obligation survives the termination of any purchase or use of ZNF products or services.
19.4 Terms of Use for RSS Feeds and Podcasts
(a) Access and Usage:
The Site may offer RSS Feeds delivering textual, audio, video, and photographic content via an XML feed. Certain feeds may include podcasts with associated media files that may be downloaded and played on various devices. Accessing this content may require specific software and hardware.
(b) Intellectual Property and Usage Rights:
Content provided within RSS Feeds is protected by applicable U.S. federal, state, and international laws, regulations, and treaties. Z Natural Foods or the respective content providers retain all rights to such content. The content is provided solely for personal, non-commercial use. You are authorized to download, copy, and transfer RSS Feeds and associated content for personal, non-commercial purposes only. Any reproduction, modification, display, performance, publication, distribution, or circulation of content by any third party is expressly prohibited unless explicitly authorized under this Agreement.
(c) Disclaimer and Liability:
By accessing and using the RSS Feeds, you acknowledge that Z Natural Foods and its parent companies or affiliates do not warrant 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 liable for any adverse outcomes arising from such use.
(d) Warranty Disclaimer:
Z Natural Foods, its parent companies, and affiliates expressly disclaim all warranties, whether express 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 will be corrected or that the content meets 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 use or inability to use the RSS Feeds or any associated content, even if advised 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.
19.5 Finality and Non-Appeal of Return Determinations
All decisions regarding return eligibility, restocking fees, and refund amounts are final and at the sole discretion of Z Natural Foods. No further appeal or dispute shall be permitted with respect to return determinations once rendered.
19.6 Severability and Survival
If any provision of this Section 19 is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. All obligations and rights contained herein shall survive the termination or expiration of your use of the Site and Services.
Additional Provisions for Enhanced Protection
19.7 Inspection Authority and Finality of Determinations:
By submitting a return, you agree that ZNF’s inspection of the returned product—conducted in-house or by an authorized third-party inspector—is conclusive and binding. Any decision regarding the condition of the returned product, including the imposition of restocking fees or refusal of a refund, shall be final and non-appealable.
19.8 Customer Packaging and Return Shipping Obligations:
You are responsible for returning products in their original, undamaged packaging, in compliance with any instructions provided by ZNF. Failure to do so may result in additional deductions from your refund, including extra shipping or handling fees.
19.9 Force Majeure Extension for Returns:
In the event that extraordinary circumstances (including natural disasters, pandemics, or other force majeure events) impact your ability to return a product within the standard return period, ZNF may, at its sole discretion, extend the return period or modify the return process accordingly.
20. Mobile Application Services Terms and Governance
20.1 Service Provision and Applicability
Z Natural Foods may offer products and services through 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 applicable to the particular Mobile Application Service. Unless expressly specified otherwise in such Additional Terms, Z Natural Foods does not impose any charges for these Mobile Application Services; however, standard messaging, data, and other rates and charges imposed by your wireless carrier may apply. By using these Mobile Application Services, you agree to be bound by all applicable terms and any carrier-imposed fees, which are solely your responsibility.
20.2 User Responsibility for Charges
You acknowledge and agree that you are solely responsible for all charges incurred from the use of Mobile Application Services on your wireless or mobile devices. This responsibility extends to any charges incurred by anyone who accesses your device, telephone number, or email address through the Mobile Application or Messaging Services. Z Natural Foods, its parent companies, and affiliates shall not be held liable for any such charges.
20.3 Compatibility and Carrier Restrictions
It is your sole responsibility to ensure that your mobile device is fully compatible with the Mobile Application Services, including maintaining all necessary software and firmware updates. Not all Mobile Application Services may be compatible with every wireless carrier or device. Certain carriers may impose restrictions or may not support particular Mobile Application Services. You are encouraged to verify with your wireless carrier regarding availability and any restrictions that may affect your usage.
20.4 Changes to Wireless Numbers
If you change or deactivate your wireless telephone number, you must promptly update your account information for Mobile Application Services to prevent inadvertent delivery of messages to a new user of your former number. Z Natural Foods, its parent companies, and affiliates shall not be responsible for messages delivered to someone who subsequently obtains your old wireless number.
20.5 Right to Modify or Discontinue Services
Z Natural Foods reserves the right to modify, suspend, or discontinue, whether temporarily or permanently, any Mobile Application Service at any time without prior notice. Neither Z Natural Foods, its parent companies, nor any of its affiliates shall be liable for any loss or damage arising from such modifications or discontinuations. Your continued use of Mobile Application Services constitutes your acceptance of any changes made.
20.6 Additional Information
For a comprehensive understanding of the terms and conditions governing the use of Mobile Application Services, please refer to the Mobile Terms of Service available on the Z Natural Foods website or directly via the Mobile Application Service. These Mobile Terms of Service provide detailed information regarding permitted uses, restrictions, and user responsibilities.
20.7 Notice and Communication
Z Natural Foods may deliver notices to you under this Agreement via electronic mail, general notices on the Service, or by written communication delivered by first-class U.S. mail to the address on record in your Z Natural Foods account. You may provide notice to Z Natural Foods at any time by sending 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 #336
West Palm Beach, FL 33407
20.8 Additional Indemnification for Mobile Services
You agree to indemnify and hold harmless Z Natural Foods, its parent companies, affiliates, officers, directors, and employees from any claims, damages, or losses arising from or relating to disputes with your wireless carrier regarding charges, compatibility, or restrictions associated with the Mobile Application Services.
20.9 Prohibited Conduct and Unlawful Use
You agree not to engage in any conduct that attempts to circumvent, disable, or undermine the proper functioning or security of the Mobile Application Services. This includes, but is not limited to, reverse engineering, decompiling, modifying, or tampering with the application’s source code, disabling any security features, or interfering with the performance of the Services. Any such conduct is strictly prohibited and may result in immediate termination of your access, as well as legal action.
20.10 Security and Data Privacy for Mobile Services
While Z Natural Foods adheres to industry-standard practices to protect your data, you are solely responsible for ensuring the security of your mobile device, including installing timely software and security updates. ZNF shall not be 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 using these services, you accept the inherent risks associated with data transmission over wireless networks.
20.11 Maintenance, Updates, and Beta Services
Z Natural Foods reserves the right to release updates, patches, and enhancements to the Mobile Application Services at its sole discretion. You acknowledge that ZNF is under no obligation to support previous versions of the Mobile Application and that your continued use of the Services implies acceptance of the latest updates. In the case of beta or trial features, you agree to provide feedback and acknowledge that such features may be subject to change or discontinuation without liability.
When you use our Site, Service, Service Providers, place an order, or contact us, you are acknowledging that you have read, understand, and agree to be bound by all of our Policies referenced and/or published on this site, collectively referred to as TOU, which includes our 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, Bot & Crawler Policy, GDPR Statement, CCPA Opt-out. Any disagreements must be settled with binding arbitration.
