Blazing Foods – Death Nut Challenge
Terms of Use & Conditions of Consumption
Not for use by persons under the age of 18. Returns Not Accepted for Food Products.
THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH THE WEBSITE IS GOVERNED BY THE TERMS OF USE AND CONDITIONS OF CONSUMPTION AS SET FORTH BELOW BY BLAZING FOODS (“TERMS OF USE”).
PLEASE READ THE TERMS OF USE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE OR PURCHASE ANY PRODUCTS OR SERVICES ON THE WEBSITE.
THIS PRODUCT MAY NOT BE PURCHASED FOR RESALE ANYWHERE WITHOUT EXPRESS WRITTEN CONSENT OF AND AN EXECUTED RE-SALE AGREEMENT WITH BLAZING FOODS, LLC.
- TERMS OF USE
By visiting the Deathnuts.com, Deathnutchallenge.com or Blazingfoods.com website (referred to hereinafter as the “The Websites”), viewing, accessing, purchasing or otherwise using any of the services or information created, collected, compiled or submitted to Blazing Foods, you agree to be bound by the Terms of Use and Conditions of Consumption. If you do not want to be bound by the Terms of Use and Conditions of Consumption, your only option is not to visit, view, purchase products or otherwise use the services of The Websites. You understand, agree and acknowledge that these Terms of Use constitute a legally binding agreement between you and Blazing Foods and that your use of The Websites shall indicate your acceptance of the Terms of Use and Conditions of Consumption.
2. CONDITIONS OF CONSUMPTION
By purchasing any products listed for sale on The Websites including but not limited to Death Nut Challenge and/or Johnny Scoville’s Tube Of Terror Challenge and/or Carolina Reaper Peanuts in Mild, Medium or Wild (referred to hereinafter as the “The Products”) you (referred to hereinafter as the “Participant”) understand, acknowledge and accept that participation in and/or consumption of The Products involves a risk of personal injury and Participant is fully aware of all risks involved. Participant acknowledges he or she is voluntarily participating in and/or consuming The Products and hereby voluntarily assumes all risk of loss, damage, injury, illness, or death that may be sustained as a result of participation in and/or consumption of The Products. In consideration for participating in and/or consuming The Products, Participant, on his or her own behalf, and on behalf of all other persons claiming by, through or under you, hereby releases Blazing Foods its subsidiaries, and, as applicable, their franchisees as well as their respective officers, directors, employees, agents, independent contractors and successors and assigns (referred to hereinafter as the “Company Parties”), from all rights, claims and actions, including claims for personal injury of a Participant, death of a Participant and/or damage to property of a Participant, arising out of the Participant’s participation and/or consumption of The Products, whether or not said injuries, death or damage were caused by the negligence or other acts or omissions of the Company Parties. Participant agrees for himself or herself, and for his or her heirs and legal representatives, to indemnify and hold harmless the Company Parties from and against any and all damages, actions, causes of action, claims, judgments, costs of litigation and attorney’s fees which may in any way and at any time result from Participant’s participation and/or consumption of The Products. Participant agrees that the Company Parties have the worldwide license and right to use Participant’s name, voice, picture or likeness in any advertising, broadcasting or promotional material (including in-store signage) without providing further notice and without providing any financial or other compensation, and Participant hereby releases the Company Parties from any claims arising therefrom.
If Participant is gifting or purchasing The Products for someone other than himself or herself, Participant agrees to inform the recipient of these terms of use and conditions of consumption. Failure to inform recipient of these terms of use and conditions of consumption indicates Participant’s voluntary acceptance of personal responsibility and Participant agrees to wholly assume all risk of loss, damage, injury, illness, or death that may be sustained as a result of Participant recipient’s participation in and/or consumption of The Products.
3. DISPUTES
Any dispute or claim relating in any way to your use of any Blazing Foods, LLC. or Death Nuts service, The Websites or to any products or services sold or distributed by Blazing Foods or through The Websites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
4. JURISDICTION
You expressly understand and agree to submit that by using any Blazing Foods, LLC. Service, The Websites, Product(s) or Product(s) distributed by Blazing Foods, LLC, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Use and Conditions of Consumption and any dispute of any sort that might arise between you and Blazing Foods, LLC.
If the court of law having jurisdiction rules that any provision of the agreement is invalid, then that provision will be removed from the Terms of Use and Conditions of Consumption and the remaining terms and conditions will continue to be valid in full force and effect.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of The State of North Carolina in The County of Mecklenburg to resolve any legal matter arising from the Terms of Use and Conditions of Consumption or related to your use of The Websites or purchase/use/consumption of any product listed for sale on The Websites including The Products. If the court of law having jurisdiction rules that any provision of the agreement is invalid, then that provision will be removed from the Terms of Use and the remaining terms and conditions will continue to be valid in full force and effect.
5. ENTIRE AGREEMENT
You understand and agree that the Terms of Use and Conditions of Consumption constitute the entire agreement between you and Blazing Foods. You may be subject to additional terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
6. CHANGES TO THE TERMS OF USE
Blazing Foods reserves the right to modify the Terms of Use from time to time at our sole discretion and without any notice. Changes to the Terms of Use and Conditions of Consumption will become effective on the date they are posted on the Death Nuts website and your continued use of The Websites after any changes will signify your agreement to be bound by such new terms and conditions.