Terms of Use
Last modified: February 17, 2022
These terms, entered into by and between you and Dang Foods Company (“Company” or “us”), together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our website, including any content, functionality, and services offered on or through our website (https://dangfoods.com) (our “Website”), as well and any purchase of products from our Website.
Please read the Terms of Use carefully before you start to use our Website. By using our Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Website.
This Website is offered and available to users who are 13 years of age or older and reside in the United States. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Website.
- Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our Website thereafter. Your continued use of our Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
- Accessing our Website and Account Security. We reserve the right to withdraw or amend this Website, and any service or material we provide on our Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to our Website.
- Ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and comply with them.
To access our Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Website that all the information you provide on our Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on our Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided 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 also agree to ensure that you exit from your account at the end of each session. 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 of Use.
- Conditions of Use.
Our Website and its entire contents, features, and functionality are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Use of our Website does not confer upon you any intellectual property rights.
You may use our Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.
You may not use this Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), or in any way that compromises the security of our Website or that interferes with the services the Company provides via our Website.
If you use or attempt to use any part of our Website in any way not expressly permitted by these Terms of Use, your right to use our Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
- User Contributions.
Our Website may contain interactive features that allow users to post content or materials (collectively, “User Contributions”) on or through our Website. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on our Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You further represent and warrant that you own or control all rights in and to the User Contributions. We are not responsible or liable to any third party for the content or accuracy of any User
Contributions posted by you or any other user of our Website.
We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion; take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion; disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Website, or terminate or suspend your access to all or part of our Website for any or no reason, including without limitation any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Content Standards. These content standards apply to any and all User Contributions. However, we do not undertake to review all material before it is posted on our Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
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Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Reliance on Information Posted; Links to Outside Websites. The information presented on or through our Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. 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.
- Online Purchases.
United States residents may be able to purchase products from our Website Site. If you do make a payment through our Site, you agree to have your information shared with our third-party payment processor and its affiliates for purposes of processing your payment. We accept credit and debit cards issued by U.S. banks and other payment and billing methods that may be designated by us at the time of purchase. If a credit or debit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. You represent and warrant that if you are making online payments that any credit card, debit card and bank account information you supply is true, correct and complete; charges incurred by you will be honored by your credit/debit card company or bank; you will pay the charges incurred by you in the amounts posted, including any applicable taxes; and you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
All of our products are subject to availability, and we reserve the right, at our sole discretion, to impose quantity limits on any order, to discontinue offering certain products, or refuse to accept or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or adherence to our fraud avoidance policies. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card has already been charged, we shall promptly issue a credit to your credit or debit card account in the amount of the charge.
While we attempt to be accurate in describing our products on our Website, we do not warrant that the product and service descriptions, including the weight or volume of the Products or other content of this or any other website are complete, reliable, current, or error-free.
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. When you purchase a product from our Website , any shipping times shown are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a product for export. You are responsible for inspecting Products for any issues upon delivery. In addition, you are solely responsible for proper storage and handling of the Products you receive.
- Geographic Restrictions. We provide this Website for use only by persons located in the United States. We make no claims that our Website or any of its content is accessible or appropriate outside of the United States. Access to our Website may not be legal by certain persons or in certain countries. If you access our Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Disclaimer of Warranties. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR COVENANTS ABOUT OUR WEBSITE SITE OR PRODUCTS OTHER THAN THOSE EXPRESSLY STATED IN THESE TERMS OR THE PRIVACY POLICY. WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED, NOR DO WE WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED SITES. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, MALWARE OR OTHER DESTRUCTIVE OR HARMFUL PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
- Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 AND THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCTS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of our Website, including, but not limited to, your User Contributions, any use of our Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from our Website.
- Governing Law; Jurisdiction; Disputes. All matters relating to our Website and these Terms of Use, 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 California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or our Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of California and County of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPOSED CLASS OR REPRESENTATIVE PROCEEDING.
- Copyright Policy. If in good faith you believe that any materials posted on our Website, such as User Contributions, violate your copyright, please send us a “Notice of Claimed Infringement” to hello@dangfoods.com. Notices must meet the statutory requirements imposed by the Digital Millennium Copyright Act of 1998; see http://copyright.gov for details.
- Waiver and Severability. No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
- Entire Agreement. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding our Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Website.
- Your Comments and Concerns. All feedback, comments, requests for technical support, and other communications relating to our Website should be directed to: hello@dangfoods.com.