Terms & Conditions

Last Updated: 1/14/2025

These Terms & Conditions (“Agreement”) constitute an agreement between you and Dan-O’s Seasoning (“Dan-O’s”, “we”, “our”, or “us”) regarding your access and use our website located at www.danosseasoning.com and any other digital property where this Agreement is posted (“Services”).

1. Dispute Resolution / Arbitration Notice

YOU AGREE THAT DISPUTES BETWEEN YOU AND US CONCERNING YOUR USE OF THE SERVICES WILL BE RESOLVED PURSUANT TO THE DISPUTE RESOLUTION PROCESS OUTLINED IN SECTION 11 BELOW, WHICH MAY INCLUDE INDIVIDUAL BINDING ARBITRATION. YOU ALSO AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. FOR MORE DETAILS ON THIS PROCESS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE SECTION 11 BELOW.

2. Eligibility

By accessing and/or using the Services, you represent you are at least 18 years of age, or the age of consent in the jurisdiction in which you access and/or use the Services. Our Services are not directed to children under the age of 18. By using the Services, you represent and warrant that: (i) you can form a binding contract with us; (ii) you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction (i.e., you do not appear on the U.S. Treasury Department list of Specially Designated Nationals or face any other similar prohibition); and (iii) you will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

3. Downtime

From time to time, interruptions, errors, delays, or other deficiencies in providing access to the Services may occur due to a variety of factors, some of which are outside of our control, and some which may require or result in scheduled maintenance or unscheduled downtime of the Services (“Downtime”). Part or all of the Services may be unavailable during any such period of Downtime, which may include an inability to access the Services at the time you intended.

4. Conduct When Using the Services

By using the Services, you agree not to:

• Use the Services in any manner contrary to local, state, federal, or international laws, including but not limited to using the Services for any illegal purpose or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property of others.
• Use the Services for any commercial purpose without our prior written consent.
• Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted materials, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Services without our prior written consent.
• Use any robot, bot, spider, crawler, scraper, site search / retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or their content.
• Use the Services in any way that could interfere with, disrupt or negatively affect the Services or the servers or networks connected to the Services.
• Upload viruses or other malicious code or otherwise compromise the security of the Services.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Services.
• “Frame” or “mirror” any part of the Services without our prior written consent.
• Use meta tags or code or other devices containing any reference to Dan-O’s (or any trademark, trade name, service mark, logo or slogan of Dan-O’s) to direct any person to any other website for any purpose.
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services, or cause others to do so.
• Use or develop any third-party application that interacts with the Services without our prior written consent.
• Probe, scan, or test the vulnerability of our Services or any system or network.
• Encourage or promote any activity that violates this Agreement.

We reserve the right to investigate, and take any available action in response to any unauthorized use of the Services, including but not limited to termination of your account.

5. Links to other Websites and Third Parties

Our Services may contain links to third-party websites that are not owned or controlled by Dan-O’s. Dan-O’s has no control over, and assumes no responsibility for the content, accuracy, privacy policies, or practices of any third-party websites or Services.

6. Privacy

By agreeing to this Agreement, you also confirm that you have read and understand our Privacy Policy, available here.

7. Copyright Infringement Policy

In alignment with the Digital Millennium Copyright Act (“DMCA”), we have established the procedure outlined below to address any alleged copyright infringement on the Services. If you believe your work has been copied and has been posted on the Services in a way that constitutes copyright infringement, you may provide us with notice of your complaint by contacting us with the following information, in writing:

• The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit us to locate the material;
• Your name, address, telephone number, and email address;
• A 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, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

After receiving a notification, we will process and investigate the notification and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of a notification that complies or substantially complies with the DMCA (as set forth above), we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will promptly take reasonable steps to notify the member that is the subject of the notification that it has removed or disabled access to such material.

8. Copyright, Trademark, and other Intellectual Property

You acknowledge that the Services and all materials on the Services, including without limitation to the Services’ design, text, graphics, sounds, pictures, software and other files, its look and feel, and the selection and arrangement thereof (collectively, “Materials”) are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade dress, trade names, and logos contained on the Services, including without limitation to trademarks registered in the United States (collectively, “Marks”) are the sole property of Dan-O’s. In addition, all page headers, custom graphics, and custom icons are Marks of Dan-O’s. For the avoidance of doubt, the Marks include: Dan-O’s, Little Danny Logo, Crunchy, Dan-O-Myte, Dantastic, Best Dan Seasoning, Grill Ya Sum, Preem-O, Put Some Dan-O’s On It, Speak My Dan Language, Sea-Soning, Speak My Dan Language, Sprinkle Generously, Tac-O, Talk Dan-O’s to Me, You Don’t Know Till You Dan-O, Yum Yum Get Ya Sum, Yum Yum Grill Ya Sum!

Dan-O’s grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services as intended by Dan-O’s, and as permitted by this Agreement. All rights not expressly granted herein are reserved by Dan-O’s. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Site references to third parties or their copyrights, trademarks, or other intellectual property do not constitute or imply affiliation with, endorsement of, or recommendation of Dan-O’s by the respective trademark owner(s), or by Dan-O’s of the respective trademark owner(s).

9. Disclaimer of Warranties; Limitation of Liability; Indemnification

• DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW, DAN-O’S MAKES THE FOLLOWING DISCLAIMERS OF WARRANTIES. DAN-O’S DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN RESULTS PROVIDED ON THE SERVICES. DAN-O’S DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL MADE AVAILABLE THROUGH THE SERVICES, OR CONTENT GENERATED THROUGH THE SERVICES. DAN-O’S DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM OUTPUT OBTAINED FROM THE SERVICES. DAN-O’S PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. DAN-O’S EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DAN-O’S FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. DAN-O’S FURTHER DISCLAIMS ANY WARRANTIES RELATING TO ANY INFORMATION OBTAINED THROUGH THE SERVICES, ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS ANY INFORMATION RECEIVED THROUGH ANY OF THE LINKS PROVIDED IN THE SERVICES.
• LIMITATION OF LIABILITY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL DAN-O’S BE LIABLE TO ANY USER OF THE SERVICES FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES, WHETHER SUCH DAMAGES OR A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER CLAIM AVAILABLE UNDER APPLICABLE LAW, EVEN IF DAN-O’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY ANY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH REGARD TO DAMAGES INCURRED BY REASON OF OTHER SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH LINKS PROVIDED ON THE SERVICES, OR PRODUCTS PURCHASED THROUGH THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST DATA, LOSS OF BUSINESS GOODWILL, LOSS OF REPUTATIONAL GOODWILL, OR OTHER SUCH DAMAGES. SUCH LIMITATION SHALL FURTHER APPLY WITH REGARD TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE SERVICES. TO THE EXTENT ANY SUCH DAMAGES ARE REQUIRED BY APPLICABLE LAW, THEY SHALL BE CAPPED AT ONE HUNDRED DOLLARS ($100) (US) TO THE EXTENT SUCH CAP IS PERMITTED UNDER APPLICABLE LAW.
• INDEMNITY. YOU AGREE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DAN-O’S AND ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM ANY AND ALL COMPLAINTS, DEMANDS, CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING ATTORNEYS’ FEES), PENALTIES AND/OR OTHER EXPENSES, DUE TO, ARISING OUT OF, OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE SERVICES, OR YOUR VIOLATION OF THIS AGREEMENT.

10. Force Majeure

Under no circumstances shall Dan-O’s be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.

11. Dispute Resolution, Arbitration, Class-Action Waiver, and Jury Waiver

• Disputes. The terms of this Section 11 shall apply to all Disputes between you and Dan-O’s. For the purposes of this Section, “Dispute” shall mean any dispute, claim, controversy or action between you and Dan-O’s arising under or relating to your use of the Services, this Agreement, or any other transaction involving you and Dan-O’s, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND DAN-O’S AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY DAN-O’S FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE IN THE SOLE DISCRETION OF DAN-O’S.
• Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to Dan-O’s at Contact Us within thirty (30) calendar days of your initial agreement to this Agreement (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of this Agreement shall continue to apply.
• Dispute Notice. In the event of a Dispute, you or Dan-O’s must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Dan-O’s must be addressed to 3195 Terra Crossing Blvd, Suite 100, Louisville, KY 40245, U.S.A (“Dan-O’s Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If Dan-O’s and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or Dan-O’s may proceed pursuant to this Section. You and Dan-O’s will work in good faith to schedule the informal conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you shall also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference.
• Mediation. In the event the parties cannot resolve the Dispute via the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation before a neutral third party before it may proceed to arbitration. Selecting the mediator, the appropriate terms for mediation (including costs), and a date for mediation shall be negotiated in good faith between the parties. The administrative fees associated with mediation shall be negotiated between the parties, but you will not be required to pay any such fees that exceed those fees you would be required to pay if proceeding in a court of law. Such fees also will not include attorneys’ fees and costs, if any, unless awarded during mediation. If the parties cannot agree to appropriate terms concerning mediation, the parties shall be entitled to proceed with an arbitration proceeding pursuant to this section.
• Binding Arbitration. In the event mediation is unsuccessful or is not pursued, you and Dan-O’s agree: (1) to arbitrate all Disputes between you and Dan-O’s pursuant to the provision of this Agreement; (2) this Agreement memorializes a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in this Agreement.
• Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.
• WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND DAN-O’S AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND DAN-O’S AGREE THAT NO DISPUTE SHAL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
• MASS ACTION WAIVER. You and Dan-O’s agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and Dan-O’s expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this section. “Mass Action” includes instances in which you or Dan-O’s are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or Dan-O’s’ behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this section, nothing prevents you or Dan-O’s from participating in a mass settlement of claims.
• Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (AAA) and be governed by the applicable AAA rules to the Dispute; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
• Hearing Format. Unless otherwise agreed, the arbitration shall take place in Kentucky, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, in any, is based. During the arbitration, the amount of any settlement offer made by Dan-O’s or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Dan-O’s is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
• Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of this Agreement.
• Exclusive Venue for Other Controversies. Dan-O’s and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of Kentucky, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

12. Governing Law; Jurisdiction and Venue; State of Limitations

You agree that: (i) Dan-O’s shall be deemed solely based in the State of Kentucky (USA); and (ii) Dan-O’s shall be deemed a passive website that does not give rise to personal jurisdiction over Dan-O’s, either specific or general, in jurisdictions other than the State of California. The laws of the State of Kentucky, without regard to its conflict of laws rules, will govern this Agreement, as well as your observance of them. If you take any legal action relating to your use of Dan-O’s or this Agreement, you agree to file such action only in the state and federal courts located in Kentucky. In any such action or any action Dan-O’s may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys’ fees.

13. Termination

This Agreement is effective until terminated either by Dan-O’s or you. We, in our sole discretion, may suspend or terminate this Agreement at any time with or without notice, and may deny you access to the Services or any portion thereof as a result. You may also terminate this Agreement at any time by discontinuing your use of the Services. Upon termination of this Agreement by us or you, you must destroy all materials obtained from the Services, including any and all copies of such materials whether made under this Agreement or otherwise.

14. Non-Assignability

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding upon, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

15. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action by you against Dan-O’s arising from or relating to the use of the Services must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred.

16. Entire Agreement; Severability; Relationship

This Agreement constitutes the entire agreement between you and Dan-O’s. If any part of this Agreement are determined to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the allocation or risks, and the remainder of this Agreement will continue in effect. If any provision(s) is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. You agree that your Dan-O’s account is non-transferable and all of your rights to your account terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement, and you may not make any representations on behalf of or bind Dan-O’s.

17. Contact Us

If you have any questions about this Agreement, contact us at https://danosseasoning.com/contact/.