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Terms of service

 

TERMS OF SERVICE

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE OF ZIGU NUTRITION INC. DBA “VACATION MORNINGS” AND ITS SUBSIDIARIES, SUCCESSORS IN INTEREST, AND ASSIGNS (collectively, “Vacation Mornings”, “us”, “our”, or “we”) BEFORE USING: (i) www.vacation-mornings.com and all content provided therein, including blog posts available at https://vacation-mornings.com/blogs/news (the “Site”); (ii) the programs (e.g., subscriptions, referrals), services, and resources available or enabled via our Site and any related mobile applications (the “Services”); and (iii) all content, including designs, graphics, text, photographs, illustrations, icons, multimedia, communications (including text messages), and other material that you can see or read, and all related code (collectively, our “VM Content”). Collectively, the Site, Services, and our VM Content are “VM Properties”.

These Terms of Service (the “Terms”) apply to all users visiting, accessing, or using VM Properties. By clicking “accept” on a button referencing these Terms, making a purchase through the Site, or browsing the VM Properties, you represent that: (i) you have read, understand, and agree to be bound by these Terms; (ii) you are of legal age to form a binding contract with Vacation Mornings; (iii) you have the authority to enter into these Terms personally or on behalf of the company you represent and to bind that company to these Terms; and (iv) you have read and understand that your use of and access to the VM Properties is subject to our Privacy Notice, which is expressly incorporated herein and is available at https://vacation-mornings.com/pages/privacy-policy. For clarity, the term “you” refers to the individual or legal entity, as applicable, identified as the user when you registered on the Site. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE VM PROPERTIES.

ATTENTION!—ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT OR JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST US. CAREFULLY REVIEW THE SECTION ENTITLED “DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” BEFORE YOU AGREE TO THESE TERMS OR ACCESS THE VM PROPERTIES.

  • OUR PRODUCTS AND CONTENT
    1. The VM Properties allow users to browse, view, choose, and purchase various products (“Products”). We provide the VM Content to complement our Products, and all the VM Content is provided for informational purposes only. We may, in our sole discretion, change, delete, update, modify, or otherwise alter Products and the VM Content at any time without providing you notice, and, in addition, we may change the pricing, and availability of Products in our sole discretion at any time without providing you notice. All photos, videos, and other images of Products on our Site are for illustrative purposes only. The actual Products may vary from that shown on our Site. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of Products on our Site at any time does not guarantee that these Products will be available for purchase. Our current prices can be found on the Site.
    2. We reserve the right to change any information, features and functions of the VM Properties without prior notice. We may cancel orders, terminate Accounts, and/or deny access to any or all parts of the VM Properties if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our rights, or the rights of any third party. Use of the VM Properties for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our Products on or to any third party e-commerce site, marketplace, or mobile application without our specific written consent is prohibited.
  • INTELLECTUAL PROPERTY AND OWNERSHIP
    1. You agree that Vacation Mornings owns all right, title, and interest in and to the VM Properties (including, without limitation, the features and functionality of the Site and the Services).
    2. Copyright. The technology underlying the VM Properties and the entire contents of the VM Properties including, but not limited to, text, graphics, images, photographs, audio and video clips, digital downloads, data compilation or code is copyrighted under the United States, Canada, and other copyright laws, and is the property of Vacation Mornings and protected by copyright and other intellectual property or proprietary rights. The work includes works that are licensed to Vacation Mornings. © 2025 Zigu Nutrition, Inc. All rights reserved.
    3. Trademarks. The Vacation Mornings stylized name and all related graphics, logos, service marks, and trade names used on or in connection with the VM Properties (the “Vacation Mornings Marks”) are our trademarks and may not be used in connection with any third party products or services without our prior written consent. Other trademarks, service marks, and trade names that may appear on the VM Properties are the property of their respective owners.
    4. We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-commercial license to browse, access, and view any of the VM Properties made available to our users.
    5. The VM Properties nor any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Vacation Mornings. You may not use any meta tags or any other “hidden text” utilizing Vacation Mornings’s name or trademarks without the express written consent of Vacation Mornings. Any unauthorized use terminates the permission or license granted by Vacation Mornings.

 

  • VACATION MORNINGS TEXT MESSAGE MARKETING
    1. Vacation Mornings offers, or may offer in the future, various mobile messaging or texting services (collectively, the “Messaging Program”). By signing up for the Messaging Program, or by otherwise using or participating in the Messaging Program, you agree to Vacation Mornings’s Terms and Privacy Notice, along with these mobile messaging terms and conditions (collectively, the “Messaging Terms”).
    2. By signing up for the Messaging Program, you provide your prior express written consent and agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from or on behalf of Vacation Mornings—including text messages that may be sent using an automatic telephone dialing system or an automated system for the selection and/or dialing of numbers —to the mobile telephone number you provided when signing up or any other number that you expressly designate. Your consent to receive our automated marketing text messages is not required to make a purchase from us.
    3. Message and data rates may apply. By providing your phone number to us and agreeing to texts, you acknowledge and agree that the receipt of such communications may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility.
    4. By opting into the Messaging Program for a mobile telephone number, you are representing to Vacation Mornings that the mobile number for or from which you have opted-in is one for which you are authorized to provide consent to receive mobile marketing messages from us. You agree that if and before you disconnect or transfer your mobile number, you will send all necessary text messages to Vacation Mornings in order to stop future Vacation Mornings messages from being sent to that number.
    5. Message frequency will vary. Vacation Mornings reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Vacation Mornings also reserves the right to change the short code or phone number from which messages are sent, and we will notify you when we do so. Vacation Mornings further reserves the right, in its sole discretion, to cancel or suspend any or all of its Messaging Program, in whole or in part, for any reason, with or without notice to you.
    6. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Vacation Mornings is not responsible for incomplete, lost, late, or misdirected messages, including, but not limited to, undelivered messages resulting from any form of filtering by your mobile carrier or service provider, and cannot guarantee that each user will receive the benefit of the Messaging Program for each mobile message sent. Vacation Mornings, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.  We are able to deliver messages to the following mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
    7. Cancellation. You may revoke your consent to receive our marketing texts at any time. Text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our shortcode (or in response to any Vacation Mornings marketing text) to unsubscribe from our marketing texts. After texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT, you agree to and may then receive a single final text message confirming that your opt-out from future Vacation Mornings marketing texts has been processed.  You acknowledge and understand that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands and agree that Vacation Mornings and its service providers will have no liability for continued text messages due to your failure to use such unsubscribe requests.   
    8. Help. Text the keyword HELP to our shortcode to return customer care contact information.
    9. Customer Care. If you are experiencing any problems, please visit https://vacation-mornings.com/pages/faq and submit the form with details about your problem or your request for support, or email hello@vacation-mornings.com.
    10. Contact. This message program is a service of Vacation Mornings, c/o Zigu Nutrition Inc., located at 1990 Filbert Street, Unit 6, San Francisco, CA 94123.

DISPUTE RESOLUTION – Arbitration Agreement and Class Action Waiver

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ACCESSING OR USING THE VM PROPERTIES, OR BY OTHERWISE AGREEING TO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU AND WE AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, OR OTHER COMBINED PROCEEDINGS ARE NOT PERMITTED.

  1. Scope and Nature of Arbitration and Class Action Waiver. You and we agree that any and all claims and disputes arising from or relating in any way to the subject matter of these Terms, your use of the VM Properties, or your and Vacation Mornings’s dealings with one another (including, but not limited to, your receipt of marketing or informational telephone calls, text messages, emails, or other communications from or on behalf of Vacation Mornings whether through the Messaging Program or not) shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. You and we also agree that the arbitration provision and class action waiver apply to claims made regarding past, present, or future conduct, and also apply to claims made independently or with other claims.

    This agreement to arbitrate is intended to be interpreted broadly. YOU AND WE AGREE THAT “CLAIMS” AND “DISPUTES” SUBJECT TO THIS ARBITRATION PROVISION THEREFORE ARE TO BE GIVEN THE BROADEST POSSIBLE MEANING AND INCLUDE CLAIMS OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED TO, INITIAL CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, AND THIRD-PARTY CLAIMS, AND CLAIMS BASED ON ANY FEDERAL, STATE, OR LOCAL CONSTITUTION, STATUTE, REGULATION, ORDINANCE, WARRANTY, COMMON LAW RULE (INCLUDING RULES RELATING TO CONTRACTS, TORTS, NEGLIGENCE, FRAUD, OR ANY OTHER INTENTIONAL WRONGS), AND EQUITY. THEY INCLUDE CLAIMS AND DISPUTES THAT SEEK RELIEF OF ANY TYPE—INCLUDING ACTUAL, STATUTORY, OR PUNITIVE DAMAGES AND/OR INJUNCTIVE, DECLARATORY, OR OTHER EQUITABLE OR PROSPECTIVE RELIEF.

    There is no judge or jury in arbitration. Generally, arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. Neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. You and Vacation Mornings each understand and agree that by agreeing to resolve any dispute through individual arbitration, YOU AND VACATION MORNINGS ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR ANY SIMILAR PROCEEDING. The arbitrator may not consolidate or combine the claims or arbitrations of multiple parties.

    Notwithstanding the foregoing, nothing in these Terms or arbitration provision will be deemed to waive, preclude, or otherwise limit the right of you or Vacation Mornings to file suit in a court of law to address an intellectual property infringement claim on a non-class or non-collective basis.
  2. Pre-arbitration Dispute Process. In the event of a dispute, and before initiating an arbitration proceeding under this section, you and we agree that the party alleging a dispute must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice; a brief summary the facts giving rise to the dispute; and the relief requested.

    You must send any notice of dispute to Vacation Mornings, c/o Zigu Nutrition Inc., 1990 Filbert Street, Unit 6, San Francisco, CA 94123, Attention: Legal or you can email us the notice of dispute at hello@vacation-mornings.com. We will send any notice of dispute to you at the contact information we have for you. You and we agree to attempt to resolve a fdispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding in accordance with this section.
  3. Arbitration Procedures and Rules. If you and we do not resolve a dispute by informal negotiation, the dispute shall be resolved by binding individual arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. The arbitration will be governed by the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this section. The arbitration will be conducted by JAMS using one arbitrator with substantial experience in resolving commercial contract or consumer disputes (as appropriate), who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and we both agree upon in writing or that is appointed pursuant to section 5 of the Federal Arbitration Act.

    For any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you, and we must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online remote appearances and/or written submissions (or some combination thereof); and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules and the hearing (if any) will be conducted under the JAMS Rules in person (at a mutually agreeable location) or virtually by conference call, videoconference, or using other communications technology with participants in one or more geographical places, or in a combined form. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

    Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

    You and Vacation Mornings empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these Terms or the arbitration provision—including the formation of the agreement to arbitrate, the arbitrability of any dispute, and any claim that all or any part of these Terms are void or voidable (such as, but not limited to, whether the arbitration provision is unconscionable).

    The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267.
    1. Arbitration Fees and Costs. In accordance with the JAMS Rules, the party initiating the arbitration (either you or Vacation Mornings) is responsible for paying a filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred. (During the arbitration, the amount of any settlement offer made by you or Vacation Mornings shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.) Further, if you demonstrate that paying the arbitrator’s costs and fees would be prohibitively expensive for you, we shall pay those costs and fees regardless of whether you prevail in the arbitration—unless the arbitrator determines that your claim was frivolous or brought for an improper purpose.
    2. Governing Law. This arbitration agreement involves interstate commerce and, therefore, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. THE ARBITRATOR WILL FOLLOW APPLICABLE SUBSTANTIVE LAW TO THE EXTENT CONSISTENT WITH THE FAA, APPLICABLE STATUTES OF LIMITATION, AND APPLICABLE PRIVILEGE RULES, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER APPLICABLE SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY, AND PUNITIVE DAMAGES, AS WELL AS, DECLARATORY, INJUNCTIVE, AND OTHER EQUITABLE RELIEF—INCLUDING PUBLIC INJUNCTIVE RELIEF AND ATTORNEYS’ FEES AND COSTS.
    3. Enforceability. Notwithstanding any provision in these Terms to the contrary, you and we agree that if the class action waiver above is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and any proceeding shall be brought and proceed exclusively in the state courts of competent jurisdiction located in San Francisco, California, and you and we agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.

      If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state courts of competent jurisdiction located in San Francisco, California, and you and we agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial and waive any right to initiate or proceed in a class or collective action. You also remain bound by any and all limitations on liability and damages included in these Terms.
    4. Survival. This arbitration agreement and class action waiver shall survive termination of your use of or access to the VM Properties or termination of our dealings with you.
    5. Intended Beneficiaries. AN INTENDED BENEFICIARY OF THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER MAY ENFORCE THE PROVISIONS IN FULL WITH RESPECT TO ANY CLAIMS BETWEEN THEM ON THE ONE HAND AND YOU ON THE OTHER ARISING FROM OR IN ANY WAY RELATING TO THESE TERMS, OUR DEALINGS WITH YOU, OR THIS ARBITRATION PROVISION.

      INTENDED BENEFICIARIES ARE OUR AGENTS, PRINCIPALS, REPRESENTATIVES, DIRECTORS, OFFICERS, SHAREHOLDERS, GOVERNORS, MANAGERS, AND MEMBERS. INTENDED BENEFICIARIES ALSO ARE OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSEES, ATTORNEYS, PREDECESSORS, SUCCESSORS, JOINT VENTURERS, CONTRACTORS, ASSIGNS, DESIGNEES, VENDORS, SERVICERS, AND SERVICE PROVIDERS. A SERVICE PROVIDER IS ANY THIRD-PARTY PROVIDING US OR ANY INTENDED BENEFICIARY ANY GOODS OR SERVICES ARISING OUT OF OR IN ANY WAY RELATING TO OUR DEALINGS WITH YOU OR THIS ARBITRATION PROVISION, INCLUDING WITHOUT LIMITATION ANY PROVIDER THAT SENDS VACATION MORNINGS’S TEXT MESSAGES. INTENDED BENEFICIARIES INCLUDE PAST, PRESENT, AND FUTURE PERSONS LISTED IN THIS PARAGRAPH.

      THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER MAY BE ENFORCED BY OR AGAINST ANY PERSON OR ENTITY PURPORTING TO BRING CLAIMS ON YOUR BEHALF, INCLUDING ANY AGENT, REPRESENTATIVE, GUARDIAN, OR TRUSTEE. THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER MAY ALSO BE ENFORCED BY OR AGAINST ANY PERSON OR ENTITY WHO ACQUIRES ANY RIGHT OR INTEREST THAT, BUT FOR THE TRANSFER OF THE RIGHT OR INTEREST, WOULD HAVE BELONGED TO US OR AN INTENDED BENEFICIARY OF THIS ARBITRATION PROVISION. YOU ALSO ACKNOWLEDGE THAT YOU SHALL BE ESTOPPED FROM DENYING AN OBLIGATION TO ARBITRATE COVERED DISPUTES WITH AN INTENDED BENEFICIARY.
    6. Time Limitations on Bringing Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF OR ACCESS TO THE VM PROPERTIES, OR YOUR AND VACATION MORNINGS’S DEALINGS WITH ONE ANOTHER IN CONNECTION WITH THE VM PROPERTIES MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.
    7. Opting Out of Arbitration. If you wish to opt-out of this agreement to arbitrate, within 45 (forty-five) days of when you initially use or access the VM Properties or otherwise agree to these Terms (whichever occurs first), you must send us a letter or email stating “Request to Opt-Out of Agreement to Arbitrate” at the following physical address or email address AND MUST INCLUDE YOUR FULL NAME, MAILING ADDRESS, AND TELEPHONE NUMBER:

      Vacation Mornings, c/o Zigu Nutrition Inc., 1990 Filbert Street, Unit 6, San Francisco, CA 94123, Attention: Legal
      hello@vacation-mornings.com

      If you do not opt-out within 45 (forty-five) days of when you initially use or access the VM Properties or otherwise agree to these Terms (whichever occurs first), then you are not eligible to opt-out of this arbitration agreement.

      In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state courts of competent jurisdiction located in San Francisco, California, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these Terms.

TERMS OF SALE

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    1. Only one discount code or promotion may be used per Order;
    2. Promotions and discounts cannot be stacked or combined with other offers;
    3. Promotions and discounts cannot be applied to discounted or sale items; and
    4. Promotions and discounts cannot be applied to any order that has at least one Subscription included.
    1. Pricing and shipping information, including the total amount to be charged to your Payment Provider Account (defined below), will be displayed during the checkout process before you submit your Order. All prices and Products, even after you submit your Order, are subject to change. For more information about Product pricing, please visit the page for that Product on our Site.
    2. Payment Methods. When you order a Product or a Subscription from our Site (an “Order”), you must provide us with information from your valid credit card (Visa, MasterCard, American Express or any other issuer accepted by us or our third-party payment processor (“Payment Provider” and “Payment Provider Account”). You agree to pay all charges listed in the checkout process when you submit an Order in accordance with the fees, charges, taxes, and billing terms in effect at the time the charge is due and payable. Your Payment Provider agreement governs your use of the designated Payment Provider Account, and you must refer to your Payment Provider agreement, and not these Terms, to determine your rights and liabilities. By providing us with your Payment Provider Account, you agree that we are authorized to immediately charge your Payment Provider Account for all charges due and payable to us in connection with your Account (including any Subscriptions) and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or Payment Provider Account used for payment hereunder. We may use a third party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). Information that you submit to the Site will be transmitted to and shared with these third parties, which may be located in other countries, in order to complete your Order and provide the Services, including but not limited to transaction processing and fraud protection. We reserve the right at any time to change billing methods, either immediately upon posting on the VM Properties or by email delivery to you. Payment value will be in US dollars unless otherwise specified on our Site. We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.
    3. Declined Charges. If your payment method is declined, we will attempt to process your charge until the transaction is approved. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
    4. Title and Risk of Loss. The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal service notification. We will replace products and credit your account at our discretion.
    5. Sales to Canadian Residents. All Canadian sales occur in the US. The risk of loss and title for items purchased by Canadian customers passes to you upon our delivery of the items to the carrier, which occurs in the US. The carrier acts on behalf of the Canadian customer to deliver the purchased items into Canada. Canadian customers are responsible for all applicable sales, retail, commodities, goods and services, harmonized, excise, VAT, indirect taxes and like taxes, fuel surcharges and all other taxes, duties, customs, levies, fees, charges, retributions, import and export taxes and charges, liabilities and/or other rights assessed or levied or to be assessed or levied in the future by any competent public, government, legal, taxation, customs agency, department or other federal, provincial, state, municipal or local authority
    6. Discounts and Promotions. Discount codes may be applied to eligible Orders as set forth below and discounts applied to ineligible Orders are subject to cancellation or reversal at the discretion of Vacation Mornings:
    7. Return Policy. The following terms constitute our “Return Policy”:
    1.  
      1. Only unopened, unused Products that are in their original packaging are eligible to be returned. For avoidance of doubt, opened Products are not eligible for return, exchange, or store credit.
      2. Unopened, unused Products must be returned within 30 days of delivery date. Returns of Products are not permitted outside of the 30-day return window.
      3. Returns must be initiated with our Customer Experience Team via email to hello@vacation-mornings.com. Please do not return your Order back to sender. Orders that are returned to sender are not eligible for a return or refund.
      4. Returns are only permitted for Orders with a delivery address within the United States.
      5. Shipping charges are non-refundable. If you receive a refund for your Order, the cost of return shipping will be deducted from such refund.
      6. For Orders of 10 items or more, only 50% of the Order may be returned.
      • Damaged Products. If you’ve opened a Product and are unhappy with the Product or the Product arrives damaged, please reach out to hello@vacation-mornings.com. We only replace items if they are defective or damaged upon arrival and that are unopened and unused.
      • Refunds. If you have returned a Product in accordance with our Return Policy, once your returned Products are received and inspected, we will notify you via email that we have received your returned Product. We will also notify you of the approval or rejection of your return. If approved, your refund will be processed and a credit will automatically be applied to your original method of payment. If you receive a refund, the cost of return shipping will be deducted from your refund. Refunds can only be processed back to the original payment method. If you have not received a refund after 5 business days from receiving your refund confirmation email, check with the bank/financial institution associated with your original payment method. If you’ve done this and still have not received your refund, please contact us at hello@vacation-mornings.com.
      • Shipping. All shipping costs are non-refundable. Shipping information cannot be changed or updated once the Order has been processed and shipped from our facility. Please ensure that all shipping information is correct before finalizing your Order. We do not support or allow for the shipping of Orders to freight forwarders and cannot provide necessary paperwork if done so. Orders may be delayed from shipment due to discrepancies in payment or billing/shipping information. Transit times may be extended due to incomplete shipping address (i.e., missing or invalid apartment number/street number), weather conditions, or general carrier delays/issues. In the event that there is an issue with the delivery of your Order, you must inform Vacation Mornings by email to hello@vacation-mornings.com within 7 days of your expected delivery to proceed with rectifying the delivery issue.
      • Order Delivery Issues. Orders lost in transit with freight forwarders are not eligible for replacement by Vacation Mornings. Vacation Mornings is not responsible for any lost packages, and you should file a claim with the specific carrier to resolve delivery issues.

    DISCLAIMER OF WARRANTIES. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE VM PROPERTIES AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VACATION MORNINGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VACATION MORNINGS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VACATION MORNINGS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. VACATION MORNINGS DOES NOT WARRANTY THAT ANY PRODUCTS, SERVICES, OR INFORMATION PROVIDED THROUGH THE VM PROPERTIES OR PURCHASED THROUGH THE SITE WILL BE OF A CERTAIN QUALITY OR WILL MEET YOUR EXPECTATIONS.

    LIMITATION OF LIABILITY.

    • VACATION MORNINGS, INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “VACATION MORNINGS PARTIES”), SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE ANY OF THE VM PROPERTIES OR TO THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (1) AS A PUBLISHER OF INFORMATION, (2) FOR ANY DEFECTIVE PRODUCTS, (3) FOR ANY INCORRECT OR INACCURATE INFORMATION, (4) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (5) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (6) FOR ANY OTHER MATTER RELATING TO THE VM PROPERTIES OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VACATION MORNINGS AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
    • NOT WITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE VACATION MORNINGS PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT PURCHASED BY YOU FROM THIS SITE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE VACATION MORNINGS PARTIES AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING WITHOUT LIMITATION ANY REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING FROM OR RELATING TO YOUR USE OF OR CONDUCT ON THE SITE, ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON, ANY MATERIAL THAT YOU SUBMIT TO, POST ON OR TRANSMIT THROUGH THE SITE, YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OR VIOLATION OF ANY RIGHTS OF ANOTHER, OR TERMINATION OF YOUR ACCESS TO THIS SITE.
    • THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC AND CERTAIN STATES IN THE UNITED STATES, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE LIMITATIONS SET FORTH IN THIS SECTION 9 MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH PLACES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

    ·        

      • IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
      • IF YOU ARE ACCESSING THE SITES OR SERVICES FROM NEW JERSEY, YOU (1) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE VM PROPERTIES; (2) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SITES OR SERVICES; AND (3) EXPRESSLY AGREE TO RELEASE AND DISCHARGE VACATION MORNINGS AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE VM PROPERTIES; AND (4) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST VACATION MORNINGS FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF VACATION MORNINGS AND ITS AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

    NOTICE REGARDING MEDICAL ADVICE. THE VM PROPERTIES (INCLUDING THIS SITE, ALL CONTENT POSTED THEREON, AND THE BLOG AVAILABLE AT https://vacation-mornings.com/blogs/news DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THE VM PROPERTIES OR AVAILABLE THROUGH ANY VM PROPERTIES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING CONTAINED ON ANY VM PROPERTY IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR OTHER PROFESSIONAL SERVICES OR ADVICE. AVMAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH ANY VM PROPERTY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

    USER CONTENT, FEEDBACK, PROHIBITED USE, AND CONTENT

    1. User Content
      • Types of User Content. You and other users may be able to originate files, materials, data, text audio, video, images, or other content (“User Content”) on the VM Properties. You acknowledge that the user who originated the User Content, and not Vacation Mornings, has sole responsibility for the User Content. That means you, and not Vacation Mornings, are entirely responsible for User Content you upload, post, message, or otherwise make available (“Make Available”) on the VM Properties.
      • No Obligation to Pre-screen User Content. You acknowledge that we have no obligation to pre-screen User Content, but we reserve the right, in our sole discretion, to pre-screen, refuse, or remove any User Content. By accepting these Terms, you hereby provide your irrevocable consent to such monitoring, and you acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content. In the event that we pre-screen, refuse or remove any User Content, you acknowledge that we will do so for our benefit and not yours. Without limiting the foregoing, we shall have the right to remove any User Content that violates these Terms or is otherwise objectionable.
      • Ownership of User Content. We do not claim ownership of User Content; provided, however, that when you (as a user) upload, post, publish, or otherwise make available User Content on the VM Properties you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including moral rights) and license to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue from, and communicate to the public, perform and display User Content, and all portions thereof, and to incorporate it in other works in any form, media or technology now known or later developed, for the full term of all worldwide intellectual property rights that may exist in User Content.
      • Feedback. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Feedback that you forward to us. We are and shall be under no obligation (1) to maintain any feedback in confidence; (2) to pay compensation for any feedback; or (3) to respond to any Feedback. You represent and warrant that you have all rights necessary to submit the Feedback.
      • License to User Content and Feedback. You hereby grant Vacation Mornings a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, sublicense, distribute, reproduce, modify, adapt, publicly perform, publicly display, re-format, and otherwise commercially or non-commercially exploit in any manner any and all of User Content and Feedback, and any portions thereof, for the purposes of operating, maintaining, providing, and enhancing the VM Properties. You hereby waive your moral rights in connection with User Content. Please note that users may search for, see, use, modify, and reproduce any of User Content or Feedback that you submit in a non-private or “public” area of the VM Properties.
    2. Prohibited Use. Through the use of any VM Properties, you agree not to, nor to permit anyone else to, directly or indirectly:
      • Perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Accounts of others without permission, falsifying your age or date of birth, forging headers or otherwise manipulating identifiers in order to disguise the origin of any communication transmitted through the VM Properties, or posting content in fields that are not intended for that content;
      • Use the VM Properties (including the submission, transmission, modification, addition, or deletion of any VM Content available through the VM Properties) for any illegal or improper purpose, or in violation of any local, state, national, or international law, or for any purpose other than your personal, non-commercial purposes;
      • Violate, or encourage others to violate, the rights of Vacation Mornings or third parties, including by infringing or misappropriating any Vacation Mornings third party intellectual property or other proprietary rights;
      • Remove any copyright, trademark or other proprietary rights notices contained on the VM Properties;
      • Post, upload, or distribute any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
      • Interfere with security-related features of the VM Properties, including, without limitation, by: (A) sharing use of your password; (B) accessing an Account if you are not the Account owner; (C) disabling or circumventing features that prevent or limit use or copying of any VM Content; or (D) reverse engineering or otherwise attempting to discover the source code of the VM Properties or any part thereof except to the extent that such activity is expressly permitted by applicable law;
      • Interfere with the operation of the VM Properties or any user’s enjoyment of the Service, including without limitation by: (A) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (B) sending unsolicited or unauthorized offers, advertisements, or other forms of solicitation to other users of the Service; (C) attempting to collect personal information about users or third parties without their consent; or (D) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers; or
      • Attempt to do any of the foregoing or assist or permit any persons in engaging or attempting to engage in any of the activities described above.
    • Accuracy of VM Content. Vacation Mornings strives to keep our VM Content accurate, complete, and up to date, we cannot and do not guarantee or endorse, and are not responsible for the accuracy, completeness, reliability or timeliness of any content, whether provided by Vacation Mornings or by users. Any opinions, advice, statements or other information expressed or made available by users or third parties are those of the respective user or other third party and not of Vacation Mornings. Vacation Mornings does not have any obligation to prescreen, edit, or remove any submissions provided by users that are posted on or available through the VM Properties.

    PERSONAL USE OF PRODUCTS. Products, including any samples provided to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Vacation Mornings and bulk orders of Products for non-personal use are not permitted. All Orders are subject to our acceptance or rejection based on Product availability, compliance with these Terms, or any other reason as determined in our sole discretion. We may take steps to verify your identity to process your Order and may limit or cancel quantities of Products purchased per person, per household, or per Order. These restrictions may include Orders placed by or under the same account, the same credit card, or will the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the Order was made, and we will either not charge you or will refund the charges for Orders that we cancel or do not process. We further reserve the right to limit or prohibit Orders or discounts on Orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

    TERMINATION. We reserve the right to block access to, suspend, or terminate your access to the VM Properties or your Account, with or without notice, and with or without refund, if we, in our sole discretion, determine that you are in breach of these Terms. In the event that we terminate your access to the VM Properties and/or your ability to create an Account, we may remove your access from, bar your right to further use, and delete your password and Account on our Site. If we discontinue your ability to access the VM Properties and/or create an Account, you agree that you shall not attempt to re-register with or access the VM Properties, for example, by using a different email address. In the event you violate this Section, we reserve the right, in our sole discretion, to immediately take any and all of the actions set forth herein without any notice or warning to you.

    COPYRIGHT INFRINGEMENT CLAIMS. In accordance with the Digital Millennium Copyright Act of 1988, Vacation Mornings promptly responds to claims of copyright infringement committed on the VM Properties if such claims are reported to our designated Copyright Agent.

    • If you believe your work has been posted on the VM Properties in a way that constitutes copyright infringement, please deliver the following information to our designated Copyright Agent at the address below:
      • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
      • A description of the copyrighted work that you claim has been infringed;
      • A description of the location on the VM Properties of the material that you claim is infringing;
      • Your address, telephone number and email address;
      • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
      • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
    • Designated Copyright Agent: Vacation Mornings, c/o Zigu Nutrition Inc., 1990 Filbert Street, Unit 6, San Francisco, CA 94123; ATTN: Copyright Agent.

    MISCELLANEOUS

    • Governing Law. With the exception of the arbitration provision above (which is governed by the Federal Arbitration Act), these Terms shall be governed and interpreted in accordance with the laws of the State of California, United States of America, without reference to conflicts of laws principles and excluding the United Nations Convention on Contracts for the Sale of Goods.
    • Severability. Except as provided otherwise herein, if any current or future provision of these Terms is found invalid, void or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provision of these Terms.
    • Assignment. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.
    • Survival. These Terms are applicable to you upon your accessing any VM Properties. The provisions relating to Intellectual Property and Ownership, Dispute Resolution, Disclaimer of Warranties, Limitation of Liability, Feedback, Prohibited Use, and VM Content, and Miscellaneous, shall survive any termination of these Terms.
    • Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding the Site.
    • Waiver. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    • Force Majeure. We shall not be liable for any delay or failure to perform, including failure to deliver Products, resulting from causes outside our reasonable control.
    • International Users. The VM Properties can be accessed from countries around the world and may contain references to Products that are not available in your country. These references do not imply that we intend to announce such Products in your country. The selection and availability of our Products may vary from country to country, device to device (because of technical limitations), and user to user. The VM Properties are controlled and offered by us from our facilities in the United States. Vacation Mornings makes no representations that the VM Properties are appropriate or available for use in other locations. Those who access or use the VM Properties from other countries do so at their own volition and are responsible for compliance with local law.

    CHANGES TO THESE TERMS. These Terms will change over time, for example to comply with legal requirements or to meet changing business needs. The most up-to-date version can be found on this webpage and the “Last Updated” date below will reflect when the current version was posted. In case there is an important change that we want to highlight to you, we will also inform you in another appropriate way if and as required by law (for example via a notice or banner on our Site or via email to you).

    QUESTIONS OR CONCERNS. If you have questions, comments, concerns, or feedback regarding these Terms, please contact us via email to hello@vacation-mornings.com or via mail to Vacation Mornings, c/o Zigu Nutrition Inc., 1990 Filbert Street, Unit 6, San Francisco, CA 94123.