Terms & Conditions

Last Updated: 7/15/2025

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 https://danosseasoning.com and any other digital property where this Agreement is posted (“Services”).

Acceptance of the Terms of Use

These Terms of Use are entered into by and between You and Dan-O’s. The following terms and conditions (these “Terms”), govern your access to and use of https://danosseasoning.com, including any content, functionality, and products offered on or through https://danosseasoning.com (the “Website”).

In addition to these Terms, your purchase of any products or services from the Website is governed by the Terms of Sale (“Terms of Sale”) below.
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 14, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS.

BY ACCESSING AND USING THE WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND THE OTHER GUIDELINES, POLICIES AND TERMS POSTED ON THE WEBSITE. THESE TERMS FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND US. BY USING OUR WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE THE AGE OF MAJORITY IN YOUR PROVINCE OF RESIDENCE AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, REPRESENTATIONS, AND RESPONSIBILITIES SET OUT IN THESE TERMS, AND TO ABIDE AND COMPLY WITH THESE TERMS.

Dan-O’s reserves the right to revise, update, or modify these Terms at any time. When changes are made, we will update this page with the revisions, and we will adjust the “Last Modified” date. All changes are effective immediately upon posting to this page and apply to all access to and use of the Website thereafter. Your continued use of the Website means that you accept and agree to any changes and agree to be bound by the Terms posted in the Website at the time of your access. You are encouraged to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.

We reserve the right to withdraw or amend this Website, and any content, functionality, or products offered on the Website, including the prices of our products, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period or for any modification, price change, suspension or discontinuance of anything on the Website or the Website itself.

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 14 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 14 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.
• Use or attempt to use another’s user account without authorization from that user and Dan-O’s.
• Sell or resell any of the products or Services you purchase or otherwise receive from Dan-O’s.
• Develop or use any applications that interact with our Website without our prior written consent.
• 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. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

6. Privacy

For information about how we collect, use, share and otherwise process information, please see our Privacy Policy. In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. By agreeing to this Agreement, you also confirm that you have read and understand our Privacy Policy, available here.

7. User Accounts and Account Security

To access the Website, track your orders and use our Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Website is correct, current and complete.

If you set up an account with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

8. 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.

9. 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 Marks and our logos, our product or service names, our slogans and the look and feel of the Website are trademarks of Dan-O’s and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

Subject to your compliance with these Terms, Dan-O’s grants you a limited, 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 access the Website and enjoy the Services for your own personal, noncommercial use, as intended by Dan-O’s, and as permitted by this Agreement. Any use of the Website or Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights. 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).

10. Inaccuracy Disclaimer

The Website may at any time contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Dan-O’s reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). While we make reasonable efforts to ensure the information provided on the Website is accurate, we make no warranties about the accuracy and reliability of the information, data or content on the Website. The content on the Website is provided for informational purposes only. Dan-O’s is not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Website.

11. Dan-O’s Terms of Sale

The following Terms of Sale apply to the purchase of products and services through our Website. By purchasing a product or service, you accept and agree to be bound by these Terms of Sale. If you do not agree to these Terms of Sale, do not purchase products or services from the Website.

Order Eligibility and Product Availability

To complete your purchase, you must have a valid billing and shipping address within a country that can be selected for the billing and shipping addresses as part of the checkout process on the Website (the “Territory”). We make no promise that products or services available on the Website are appropriate or available for use in locations outside the Territory.

Details of the products and services available for purchase are set out on the Website. All features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. We attempt to ensure that information on the Website is complete, accurate, and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information on the Website. For example, products or services included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website.

We make reasonable efforts to publish information and display product images accurately, but we cannot guarantee that the image you see on your monitor or mobile device will exactly match the product. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown.

Order Process, Price and Payment

You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. We will display or send a notice when we accept your order and our acceptance will be complete at the time we display or send the notice. We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss passes to you when the shipping carrier receives the goods from Dan-O’s. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. For products shipped to Canada, you are the importer of record of the products.

We reserve the right to refuse or cancel any order prior to shipping. We also may require verification of information prior to the acceptance and/or shipment of any order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order.
Prices shown on the Website exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the check-out page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. All prices on the Website are subject to change at any time without notice.

Payment must be received by us before our acceptance of an order. When you provide credit card information or other information necessary to facilitate payment to us or our vendors, you represent to us that (i) you are the authorized user of the credit card that is used to pay for the products and services, (ii) the credit card information you supply to us is true, correct and complete, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. If legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

Refund Policy

Our Refund Policy is in addition to any statutory rights you may have under law. For additional information, please visit our Refund Policy on our Website.

12. 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. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY IMPOSE ADDITIONAL WARRANTIES FOR CONSUMER CONTRACTS, WHICH MAY BE APPLICABLE FOR YOU DEPENDING ON YOUR JURISDICTION OF RESIDENCE OR WHERE YOU PURCHASED THE PRODUCT.
• 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, INCLUDING BUT NOT LIMITED TO, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, AND WHETHER OR NOT 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 AND EVEN IF FORESEEABLE. 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, SUPPLIERS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITIES, JUDGMENTS, AWARDS, FEES, 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. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE WEBSITE OR SERVICES.

13. 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.

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

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Dan-O’s and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and Dan-O’s agree that any dispute arising out of or related to these Terms or our Services and/or Website, or its products and services, is personal to you and Dan-O’s and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

• Disputes. The terms of this Section 14 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 and/or Website, 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 mutually 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 through confidential, binding arbitration before one arbitrator in Jefferson County, Kentucky; (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 which is excepted); and (4) this Section shall survive termination in this Agreement. The arbitrator, Dan-O’s, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
• 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 SHALL 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.

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

All matters relating to the Services and/or Website, our products and services, and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the State of Kentucky or any other jurisdiction).

Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of Kentucky and the United States, respectively, sitting in Jefferson County, Kentucky. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not be applicable to you (but only to the extent that local law conflicts with this section).

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 Kentucky. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. Contact Us

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