CapableNutrition.Com Terms of service
The CapableNutrition.Com domain name is a Domaincracy® LLC asset.
 
Domaincracy  Trade Name Certificate US Trademark
 
Domaincracy LLC TERMS OF USE

Last updated June 14, 2021 
 

 
AGREEMENT TO TERMS
 
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Domaincracy („Company„, “we”, “us”, or “our”), concerning your access to and use of the https://Domaincracy websites as well as any other media form, media channel, mobile websites or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
 
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.  
 
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 
 
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. 
 
INTELLECTUAL PROPERTY RIGHTS
 
The CapableNutrition.Com domain name is an asset of Domaincracy LLC, acquired and managed in good faith as part of our digital assets portfolio. Domaincracy LLC recognizes and respects the intellectual property rights of others; however, domain ownership is a separate matter governed by domain registration laws and regulations.

Domain Acquisition in Good Faith: The domain CapableNutrition.Com was lawfully acquired by Domaincracy LLC in accordance with the applicable domain registration rules, and it has been maintained as part of our domain portfolio. Our acquisition and continued ownership of CapableNutrition.Com are fully compliant with relevant international and local laws, including the Uniform Domain-Name Dispute-Resolution Policy (UDRP).

No Infringement or Bad Faith Use: Domaincracy LLC affirms that the registration and use of CapableNutrition.Com do not infringe upon any third-party trademarks or intellectual property rights. We have neither engaged in nor intend to engage in any activities that could confuse, mislead, or otherwise harm the business interests of others. We maintain a clear distinction between our domain ownership and any potential trademarks associated with the name.

Warning Against Reverse Domain Name Hijacking (RDNH): Any attempts to claim CapableNutrition.Com through frivolous or unfounded complaints may be subject to legal scrutiny. Domaincracy LLC is committed to defending its rights as a legitimate domain owner and will not hesitate to pursue claims of Reverse Domain Name Hijacking (RDNH) against parties that attempt to wrongfully seize domains through abusive legal actions or unfounded claims. RDNH is recognized as an abuse of the UDRP process, and complainants engaging in such tactics may face penalties and liability for damages.

Unless otherwise indicated, all content on the Site, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), and the trademarks, service marks, and logos (the “Marks”) are proprietary to us or licensed to us and are protected by copyright and trademark laws, as well as other intellectual property rights and unfair competition laws.

The Content and Marks are provided on the Site “AS IS” for your personal use only. No part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without express prior written permission from us.

We reserve all rights not expressly granted to you in and to the Site, Content, and Marks.
 
USER REPRESENTATIONS
 
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use;  (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
 
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 
 
USER REGISTRATION
 
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
 
 
PROHIBITED ACTIVITIES
 
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
 
As a user of the Site, you agree not to:

1.  Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 
2.  Use the Site to advertise or offer to sell goods and services. 
3.  Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. 
4.  Engage in unauthorized framing of or linking to the Site. 
5.  Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 
6.  Make improper use of our support services or submit false reports of abuse or misconduct. 
7.  Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 
8.  Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. 
9.  Attempt to impersonate another user or person or use the username of another user. 
10.  Sell or otherwise transfer your profile. 
11.  Use any information obtained from the Site in order to harass, abuse, or harm another person. 
12.  Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. 
13.  Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. 
14.  Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. 
15.  Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 
16.  Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. 
17.  Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. 
18.  Use the Site in a manner inconsistent with any applicable laws or regulations. 
 

USER GENERATED CONTRIBUTIONS
 
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, „Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
  
1.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3.  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4.  Your Contributions are not false, inaccurate, or misleading.
5.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7.  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8.  Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9.  Your Contributions do not violate any applicable law, regulation, or rule.
10.  Your Contributions do not violate the privacy or publicity rights of any third party.
11.  Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12.  Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13.  Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14.  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
 
 
CONTRIBUTION LICENSE
 
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
 
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
 
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.  
 
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.