Terms & Conditions & User Agreement
1. These Terms & Conditions & User Agreement (also herein “terms and conditions”, “Agreement” or “agreement”) set forth how Fearless Dining (also herein, the “Company”, “we”, “us” or “our”) and you the user (also herein, “you”, “your”, “user” or “User”, also in many circumstances may be referred to as “subscriber”, “member”, “VIP”, or “affiliate”, agree to respect and treat each other while and after you are using our website, pages and other information published through https://www.fearlessdining.com.
2. Copyright & Trademark Notice: Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, Fearless Dining © 2013, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reading the information on this site, for your own education, for shopping on this site or for placing an order through this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
3. No Professional Advice: The beneficial low and no-cost advice shared on our site has been provided for general educational purposes only and for no other purpose. Nothing we provide for you here is intended to replace any form of competent professional advice. If you are in need of professional advice, including medical, mental health, legal, accounting or tax advice, or any other form of professional advice, then you should seek out a competent professional in that area who can ensure you are provided help that is specific to your particular situation and circumstances.
4. No FDA Evaluation: The advice shared in this site has not been evaluated by the US Food & Drug Administration (FDA). The products and methods recommended are not intended to diagnose, treat, cure or prevent any illness or disease, nor are the products and methods intended to replace proper medical help.
5. Federal Trade Commission Disclosure: This website and its information are written, edited and published by the Company, which claims sole and exclusive ownership of its content. For questions about this website or its content, please contact us using the following email address: firstname.lastname@example.org. The Company sometimes accepts forms of cash advertising, direct sponsorship, affiliate sponsorship, paid insertions, or other forms of compensation. We abide by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in our website and its content. Other than what is obviously advertising, if certain content is paid or directly sponsored, then we here pledge our best efforts to clearly identify or label it as such. The Company is sometimes compensated to provide opinions on products, services, websites and various other topics. Even though we may receive compensation for our posts, advertisements or other content, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on any blog, guest post or in any form of comments on our website are purely that blogger’s own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
6. Policy for Our Giveaways:
• No purchase(s) necessary to win.
• Giveaways are for U.S. residents only (unless stated otherwise).
• Entrants must be natural persons 18 years of age or older to enter.
• Winners are chosen at random, which typically means by a method employing the free tools available at www.random.org, or other similar tools; we also may choose a winner by awarding the prize to the first eligible person to respond to our free call to action.
• Winners will be notified by email shortly after the giveaway ends. We are not responsible if a winner’s email inbox settings mark or categorize our notification email as junk, spam or the like.
• Winners will have 48 hours to claim the prize or another winner may be chosen at our discretion.
• We are not responsible for lost or damaged items. Replacement items will not be provided.
• We may, at our discretion, make public the first name and last initial of our giveaway winners, also making public their state and/or country of residence. All other contact information will remain private and will be destroyed after a winner is confirmed and their prize is confirmed as mailed.
• Since all of our giveaways are for cash, goods and/or services valued at less than US$600, we don’t and won’t be sending any winner a form 1099-misc for US income tax purposes, and a winner’s tax considerations and any tax or tax-related obligations are entirely their own.
• We reserve the right to end, extend, or change a giveaway for any reason and without prior notice.
• We reserve the right to consider any entrant ineligible who has been a winner in one of our giveaways in the last 12 months.
• In any of our giveaways of products from certain companies, we reserve the right to limit the pool of eligible entrants to those persons who are not wholesale members, affiliates, contractors or employees of those companies.
• Odds of winning in one of our giveaways depend on the number of entrants.
• Void where prohibited by law.
8. Governing Law: This agreement shall be construed under the laws of the State of California.
9. Severability and Interpretation: Whenever possible each provision of these terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this agreement. We and you agree that any ambiguity or vagueness of any provision of this agreement shall not be construed against the drafting party because of its being the drafter of this agreement.
10. Survival: All obligations of the parties hereto contained in this agreement shall survive the expiration or termination of this agreement.
11. Arbitration: All claims and disputes arising under or relating to these terms and conditions are to be settled by binding arbitration in the County of Santa Clara, State of California, USA or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. Should any arbitration be commenced between the parties to this agreement concerning this agreement, or the rights and duties of either in relation thereto, the party prevailing in such arbitration shall be entitled, in addition to such relief as may be granted, to its attorneys’ fees and costs in the arbitration.
12. Limitation of Liability: Company shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of our content, or other performance of services under this Agreement.
13. Indemnification: User agrees to defend, indemnify and hold harmless the Company, its officers, affiliates, directors, agents, and employees from and against any and all property damage, personal injuries or death and other liability, loss, cost, expense, or damage, including, without limitation, court costs and reasonable attorney’s fees arising out of user’s use or misuse, whether intentional or negligent, of the Company’s content and information and from user’s breach of any of the terms contained in this agreement.
14. Counterparts: This agreement may be executed in several counterparts or by separate actions between or among its parties, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement; it’s understood that your accessing and using the information on this website constitutes your complete assent (and, as applicable, the assent of the company, group or organization you represent) to all of these terms and conditions.
15. Headings: The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this agreement.
END OF TERMS & CONDITIONS & USER AGREEMENT
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