Terms of Service

INTRODUCTION

Using our website means that you agree to comply with these Terms of Service set forth below and any additional terms and conditions set forth in our Privacy Policy. You additionally agree to follow all applicable domestic and international laws, statutes, ordinances and regulations. “You” in this agreement includes any user of the website in all capacities.

TERMS

You agree to provide us with your valid, current email address and zip code at the time of registration and from time to time as your information changes. You agree to the use of your personally identifiable information in accordance with our Privacy Policy. You may not collect or harvest any personally identifiable information from hungryfan.com. You have to be at least 21 years old to use this site.

Upon registration you will be required to create a password. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality. You further agree to notify us of any unauthorized use of your password or any other breach of security.

You are prohibited from violating any law, statute, ordinance or regulation. You shall not create liability for us or cause us to lose any of the services of our ISPs.

You must not hack hungryfan.com or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You must not perform any activity to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

You may link the home page of hungryfan.com to any website you own or control provided it is not commercially competitive with hungryfan.com and does not criticize or otherwise injure us and is in compliance will all applicable laws and intellectual property and other legal rights. Such a link is not an endorsement of any other site(s) by us. You shall not link directly or indirectly to any materials to which you do not have a right to link or include, nor may you modify another website so as to falsely imply that it is associated with hungryfan.com. You understand and agree that you download or otherwise obtain material or data through the use of hungryfan.com at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

You must not use, copy, collect, reproduce, alter, distribute, create derivative works based upon, publish, sell, publicly display or otherwise exploit any information or content displayed on our website for any commercial purposes or to the extent that such action(s) would constitute copyright infringement, injure or otherwise violate the intellectual property or proprietary rights of Hungry Fan Brand, LLC or any other third party, except with the prior written consent of Hungry Fan Brand, LLC or the appropriate third party. In some instances hungryfan.com may allow you to download or print content from the site. In such instances you may download or print such content for your personal, non-commercial use only. By doing so, you acknowledge that you do not acquire any ownership rights.

You have the ability to add content, including but not limited to recipes, to hungryfan.com. We do not guarantee the accuracy, integrity or quality of the content you provide and do not have any obligation to monitor this. You agree that you, and not Hungry Fan Brand, LLC its affiliates or licensers, are solely responsible and liable for any submissions you upload, post, email, transmit or otherwise make available to hungryfan.com; including any loss or damage to Hungry Fan Brand, LLC or others who may suffer as a result of or in connection with any such submission to hungryfan.com. You shall not submit any content protected by any intellectual property or other third party right without the express permission of the owner. You represent, warrant and covenant that you own or otherwise control all rights to any content you submit to hungryfan.com or Hungry Fan Brand, LLC, and have all rights, power and authority required to provide such content to hungryfan.com and to assign your rights in the submission to Hungry Fan Brand, LLC. Any and all such submissions by you are and will be true, current and accurate. No use of your submissions will violate or infringe any rights of, or cause any injury to, any person or entity.

You may not harass any user or post any obscene, pornographic content.

By submitting any content to hungryfan.com or Hungry Fan Brand, LLC, you simultaneously and automatically grant or warrant that the owner has expressly granted us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub licensable and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit the submitted content as we, in our sole discretion, deem appropriate. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in the submitted content. You additionally grant other users permission to access your submitted content for personal, non-commercial use as permitted by the functionality of the website and these Terms of Service.

In accessing hungryfan.com you agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of hungryfan.com, your personal information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as a visitor to this site.

You agree to immediately notify Hungry Fan Brand, LLC of any unauthorized or improper use of hungryfan.com or any other known or suspected breach of security. You agree to fully cooperate with Hungry Fan Brand, LLC to investigate any suspected or unusual activity that is in breach of these Terms of Service.

Conditions

We reserve the right to update this Agreement at any time, at which time we will also update the revision date above. Any updated version will supersede all of its preceding versions. Continued use of hungryfan.com means that you accept and agree to all changes.

We reserve the right at any time to remove, modify or discontinue, temporarily or permanently, any content or portion of hungryfan.com for any reason with or without notice. We shall not be liable to you or any third party for any modification, suspension or termination of the site. We have no responsibility or liability to you or any third party for the storage or deletion of, or the failure to store or delete, any of the content you provide.

Hungry Fan Brand, LLC does not necessarily verify, encourage, agree, endorse or support any submitted content. This includes but is not limited to comments, opinions, statements or links posted on any forum related to hungryfan.com.

Hungry Fan Brand, LLC will not be required to treat any submissions to hungryfan.com as confidential and will not be required to provide any compensation or consideration or be liable for any copying, reproduction, modification, adaptation, translation, collection, compilation, recompilation, derivative works or materials, or any publication, distribution, display, disclosure, sale, licensing or other use or commercial exploitation, of any ideas or other content submissions, or any tangible or intangible subject matter similar to, or using, incorporating, derived from or based on, any submission, in whole or in part. We are free to use any ideas, concepts, know-how or techniques contained in any submitted content without any remuneration or obligation to you.

We reserve the right to suspend, terminate or refuse your use of this site at any time for any reason. We additionally reserve the right to establish and periodically change general practices and limits concerning the use of our site.

We reserve the right to send you certain communications; such as service announcements and newsletters, or anything we deem to be beneficial or helpful to your use of hungryfan.com.

We may periodically provide links to other websites or resources, but this shall not imply any relationship or connection to the other site, its operator and any of its affiliates. Because we have no control over such websites or resources, we are not responsible for the availability of such websites or resources, and are not responsible or liable for any content, advertising, products or other materials available from such websites or resources. Hungry Fan Brand, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites and resources, or as the result of the presence of such websites and resources, including marketing partners, on our website or located through its use.

Our site is provided to you “as is” and on an “as available” basis. You may not rely on any information and opinions expressed on hungryfan.com for any purpose. It is your responsibility at all times to evaluate the accuracy, timeliness, completeness or usefulness of any content on hungryfan.com. Under no circumstances will we be liable for any loss or damage caused by your reliance on any website content. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our website. We disclaim any warranties for any information or advice obtained through our website. We disclaim any warranties for services or goods received through or advertised or our website or received through any links provided by our website, as well as for any information or advice received through any links provided through our website. In addition, no advice or information (written or oral) obtained by you from us shall create any warranty.

We do not endorse or warrant any health-related statements found on hungryfan.com or any third party websites accessed through hungryfan.com. In no event shall Hungry Fan Brand, LLC be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Hungry Fan Brand, LLC has been advised of the possibility of such damages), arising out of or in connection with hungryfan.com or this Agreement or the inability to use our site (however arising, including negligence), arising out of or in connection with third party transactions or arising out of or in connection with your use of the site. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations may not apply to you.

Conditions Focus Group Official Rules and Confidentiality Terms: 

  1. Agreement to Rules: By participating in this focus group, You agree to be fully and unconditionally bound by the Official Rules and Confidentiality Terms, and You represent and warrant that You meet the eligibility requirements. 
  2. Confidentiality: Confidentiality is the preservation of privileged information. As a Participant (“You”) of a focus group, You may receive confidential information. It is the policy of Hungry Fan Brand LLC , Fresher Products Limited LLC, and D3F LLC (collectively, “the Company” that focus group Participants will not disclose confidential information belonging to, or obtained through their affiliation with, the Company to any person, including their relatives, friends, and business and professional associates, unless the Company has authorized disclosure in writing. This policy is not intended to prevent disclosure where disclosure is required by law. Focus group Participants are cautioned to demonstrate professionalism, good judgment, and care at all times in handling any information related to the Company to avoid unauthorized or improper disclosures of confidential information. It is expected that Participants will not use nor divulge trade secrets, contact lists, or other confidential information acquired by virtue of being in the focus group for any purpose other than those explicitly stated, even after they complete their service to the Company. At the conclusion of the focus group, You will be required to return all documents, papers, and any other materials, in your possession, regardless of medium, which may contain or be derived from confidential information.
  3. Eligibility: Focus groups are only open to those who are invited by the Company and who are 18 years or older as of the date of the invitation. Focus groups are only open to legal residents of the United States, and are void where prohibited by law. 
  4. Participation Incentive: By being a Participant in this focus group, you will be eligible to receive participation incentive. In normal course, the Company will grant You 1 FREE Coupon to the hungryfan.com store with a value that corresponds to the retail price of one item from the specific focus group. If, for any reason, the subject items are not made available for sale, You will receive 1 FREE Coupon worth no more than $50. Any and all related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the Participant. No substitution of product or request for the cash equivalent is permitted.
  5. Terms & Conditions: The Company reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the focus group should virus, bug, non-authorized human intervention, fraud, or other cause beyond the Company’s control, corrupt or affect the administration, security, or proper conduct of the focus group. The Company reserves the right, in its sole discretion, to remove any individual who tampers or attempts to tamper with the process or the operation of the focus group or website or violates these Terms & Conditions. Any attempt by a Participant to deliberately damage or undermine the legitimate operation of the focus group may be a violation of criminal and civil laws. Should such an attempt be made, the Company reserves the right to seek damages to the fullest extent permitted by law.
  6. Limitation of Liability: By participating, You agree to release and hold harmless the Company and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assignees, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from Participation in the focus group or redemption of the Coupon.
  7. Disputes: THIS focus group IS GOVERNED BY THE LAWS OF USA AND Delaware, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this focus group, You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this focus group, shall be resolved individually, without resort to any form of class action, exclusively before a court with Delaware having jurisdiction. Further, in any such dispute, under no circumstances shall Participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than the Participant’s actual out-of-pocket expenses (i.e. costs associated with entering this focus group). Participant further waives all rights to have damages multiplied or increased.
  8. Privacy Policy: Information submitted in conjunction with participating in the focus group is subject to the Privacy Policy stated on the Hungry Fan website (www.hungryfan.com).
  9. By participating in the focus group, You, the focus group Participant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules & Confidentiality Terms.

Wood Smoked BBQ Grilling Kit Golden Ticket Giveaway Rules/Terms/Conditions

PURCHASE OF A SMOKER GIFT BOX IS NECESSARY TO ENTER THE GOLDEN TICKET GIVEAWAY. 

  1. Eligibility: This Giveaway is open only to those who enter their information on the Giveaway website page AFTER purchase of a Smoker Gift Set Box https://hungryfan.com/pages/golden-ticket-entry/ and who are 18 years or older as of the date of entry. The Giveaway is open only to legal residents of the USA, and is void where prohibited by law. Employees of D3F LLC, Hungry Fan Brand LLC, or Fresher Products Limited LLC, collectively (“FPL”), their affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
  2. Sponsor: The Sponsor of this Giveaway is Fresher Products Limited LLC (“FPL”), a Delaware Limited Liability company 
  3. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully and unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of FPL as final and binding as it relates to the content and outcome of this Contest.
  4. Giveaway Period: Entries will be accepted online starting October 11, 2021 and ending on November 5, 2021. All online entries must be received by November 5, 2021​, unless otherwise specified. 
  5. How to Enter: The Giveaway must be entered by receiving a golden ticket inside a purchased Smoker Gift Set Box and by entering the necessary information via https://hungryfan.com/pages/golden-ticket-entry. There will be additional ways to enter the Giveaway after email submission. For example, follow us on Facebook, Instagram, or visit our website. The entry must fulfill all Giveaway requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of FPL. You may not enter more times than indicated by using multiple identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of FPL.
  6. Prizes: The Winner of the Giveaway will receive 2 tickets to either a professional NFL Football game or College Football game of their choosing, total prize can not exceed $600. Actual/appraised value may differ at the time of prize award. The specifics of the prize shall be solely determined by the FPL team. No cash or other prize substitution shall be permitted except at FPL’s discretion. The prize is non transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for FPL to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
  7. Odds: The odds of winning depend on the number of eligible entries received.
  8. Winner Selection and Notification: Winner will be selected under the supervision of the FPL teams. Winner will be notified by email within five (5) days following selection of Winner. FPL shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 3 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Giveaway is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT FPL‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE Contest, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
  9. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that FPL , anyone acting on behalf of FPL, and FPL’s licensees, successors, and assignees, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. 
  10. Terms & Conditions: FPL reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Giveaway should virus, bug, non-authorized human intervention, fraud, or other cause beyond FPL’s control, corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such a case, FPL may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by FPL. FPL reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Giveaway or website or violates these Terms & Conditions. FPL has the right, in its sole discretion, to maintain the integrity of the Contest, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Giveaway rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws. Should such an attempt be made, FPL reserves the right to seek damages to the fullest extent permitted by law.
  11. Limitation of Liability: By entering, You agree to release and hold harmless FPL and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assignees, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Giveaway and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
  12. Disputes: THIS Giveaway IS GOVERNED BY THE LAWS OF THE USA AND Delaware, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, Contestant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Delaware having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Contestant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Contestant further waives all rights to have damages multiplied or increased.
  13. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Hungry Fan website (www.hungryfan.com).
  14. Instagram, Facebook, Twitter: The Giveaway hosted by FPL is in no way sponsored, endorsed, administered by, or associated with Twitter, Instagram or Facebook.
  15. By participating in the contest, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules & Regulations.

    Intellectual Property and Proprietary Rights

    You acknowledge that hungryfan.com and all content herein, including any derivative works and confidential or proprietary information, is protected by copyrights, trademarks, service marks, patents, trade secrets, proprietary rights and other intellectual properties owned by Hungry Fan Brand, LLC, its affiliates and other parties that have licensed their material to Hungry Fan Brand, LLC. Any use or display of hungryfan.com and/or any of its content in any manner other than what is expressly permitted by these Terms of Service and other applicable laws is strictly prohibited without our written permission or the permission of the appropriate intellectual property owner. Except for the limited use that is granted to you in these Terms of Service, you do not acquire any right, title or interest in Hungry Fan Brand, LLC, hungryfan.com or any of its content. Any rights not expressly granted in these Terms of Service are expressly reserved.

    Hungry Fan Brand, LLC respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our website. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at admin@hungryfan.com We will promptly respond to any claims of copyright infringement.

    Applicable Law

    This agreement and the relationship between you Hungry Fan Brand, LLC shall be governed by the laws of the State of New York without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. By accessing Hungry Fan Brand, LLC and agreeing to these Terms of Service, you agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York and be bound by the rulings of the courts located within the State of New York. If you breach or threaten to breach any provision hereof or thereof, you understand and agree that money damages would not be an adequate remedy for any breach of these Terms of Service and that Hungry Fan Brand, LLC shall be entitled to equitable relief, including preliminary and permanent injunctions and specific performance, as well as recovery of its court costs, expenses and reasonable attorneys’ fees. Such remedies shall not be exclusive, shall be in addition to all other remedies available at law, equity or otherwise for your breach of these Terms of Service, and shall be available to Hungry Fan Brand, LLC without requirement that it post any bond or prove any actual damages.

    You are hereby granted, subject to these terms and conditions, a limited, revocable, non-exclusive, non-transferable, fully-paid, royalty-free license solely to view the information provided by hungryfan.com as is needed for your own internal, non-commercial, non-public use in order for you to obtain information presented on or through hungryfan.com. Any access or use of any information or content available on hungryfan.com, including, but not limited to, recipes, photographs or any other displayed material, in any manner whatsoever for any purpose other than what is expressly permitted by this website license is prohibited without the prior written consent of Hungry Fan Brand, LLC.

    Terms of Purchase 

    Vouchers you purchase through hungryfan.com are special promotional offers that you purchase from participating Merchants through our service. The vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the voucher. The Merchant is solely responsible for redeeming the voucher. The Merchant is the issuer of the voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. You waive and release hungryfan.com and Hungry Fan Brand, LLC. and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners from any and all Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a voucher or the services/goods it provides in connection with it.

    By purchasing any voucher you agree to our Terms of Service including these Terms of Sale. By purchasing, printing, accepting, using or attempting to use any voucher, you agree to these Terms of Sale and specifically, the terms on the voucher itself and any additional, deal specific terms advertising the voucher at the time of purchase (collectively, the “fine print” regardless of how labeled). These rules apply to all promotional vouchers that we make available, unless a particular voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a voucher’s fine print, the voucher’s fine print will control. Only one voucher can be used per order unless otherwise specified by the Merchant. Neither Hungry Fan Brand, LLC nor the Merchant is responsible for lost or stolen vouchers. Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally unless stated otherwise

    When a hungryfan.com Voucher is purchased, the purchaser’s credit card will usually be charged within 24 hours. Sales tax will be collected, where applicable, upon redemption by Merchant. If gratuities are included in the purchase price, this will be made clear in the offer. If not mentioned, gratuities are not included. If shipping and handling is included in the purchase price, this will be made clear in the offer. If not mentioned, shipping and handling are not included. Please make note of any relevant redemption details.

    All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information shall constitute a breach of these Terms of Purchase. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the offer(s) selected. We reserve the right to refuse service, terminate accounts, or remove or edit content.

    Hungry Fan Brand, LLC Is a service provider for the Merchant identified on the voucher and the Merchant is the sole issuer of the voucher.

    ALL GOODS AND SERVICES COVERED BY VOUCHERS ARE PROVIDED TO YOU BY A THIRD PARTY MERCHANT “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

    PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. HUNGRYFAN.COM DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN HUNGRY FAN BRAND, LLC. , (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE OR ANY MERCHANT.

    OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL HUNGRY FAN BRAND, LLC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE OR MERCHANT. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

    If a Merchant or venue refuses to honor any voucher, Hungry Fan Brand, LLC. will refund the amount paid upon request in the original form of payment, or will credit the hungryfan.com account of the purchaser with an equivalent amount for future purchases on the Site. Vouchers are not redeemable for cash, unless required by law. Unauthorized reproduction, resale, modification or trade of vouchers is prohibited.

    By accepting these Terms of Purchase through your use of hungryfan.com, you certify that you are 21 years of age or older. We reserve the right to update or modify these Terms of Purchase at any time without prior notice to you. Your use of hungryfan.com following any such change constitutes your unconditional acceptance of the Terms of Purchase as changed. You are responsible for reviewing hungryfan.com for any modifications to these terms and conditions that may affect your rights or obligations.

    CREDITS 
    Hungry Fan Brand, LLC may issue credits for various promotional programs. Any and all credits issued by Hungry Fan Brand, LLC may be subject to a minimum purchase requirement.

    REFERRAL CREDIT PROGRAM 
    On certain of its sites, Hungry Fan Brand, LLC, may offer members the ability to earn credits toward future purchases on Hungry Fan Brand, LLC, sites when they invite friends to become members of a Hungry Fan Brand, LLC site and those friends make a qualifying purchase within six (6) months of the invitation sent through an authorized Hungry Fan Brand, LLC invitation channel (eg. an invitation sent through Hungry Fan Brand, LLC. website, Facebook or another social media channel supported by Hungry Fan Brand, LLC.). You may only earn credits via Hungry Fan’s authorized member invite mechanisms. Referrals outside of Hungry Fan Brand, LLC’s authorized channels will not result in any referral credit. You understand that referral credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires six (6) months after issuance. You will only receive credit for the first qualifying purchase made by a friend who makes his or her first purchase on Brand, LLC. sites as a result of an invite from you via a Hungry Fan Brand authorized channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive credit, and Hungry Fan Brand, LLC. will have no liability to you for your friend’s failure to follow directions.

    You agree that having multiple Hungry Fan Brand, LLC accounts is a violation of these Terms of Service and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Hungry Fan Brand, LLC‘s referral program system may, without limiting any other Hungry Fan Brand, LLC rights or remedies, result in forfeiture of your membership and all Referral credits in your account. Hungry Fan Brand, LLC reserves the right to void Referrals and credits earned if we suspect that the Referrals or credits were earned in a fraudulent manner, in a manner that violates these Terms of Service or in a manner otherwise not intended by Hungry Fan Brand, LLC. You must not conduct your own promotion in connection with our Referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Hungry Fan Brand, LLC, including by using any trademarks of Hungry Fan Brand, LLC.

    Credits will appear in your account within approximately 24 hours after one of your qualifying invitees makes his or her qualifying purchase and that purchase is shipped. Purchase of a Gift Card is not a qualifying purchase. Credits earned via Hungry Fan Brand, LLC may only be used on Hungry Fan Brand, LLC sites and may not be used toward the purchase of a Gift Card or on any other website affiliated with Hungry Fan Brand, LLC.

    The referral credit program is void where prohibited by law. Hungry Fan Brand, LLC reserves the right to modify or terminate the referral credit program at any time. Should there be any tax liability for the accumulation and/or use of credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the credits you have actually earned. Hungry Fan Brand, LLC will have no liability for any errors displayed in your account.

    For more information about our collection of personal information, please view our Privacy Policy.

    THE SALE OF ALCOHOLIC BEVERAGES

    All orders are fulfilled by Vista Wine & Spirits, an ABC licensed retailer (“Retailer”) which sells alcoholic beverages. Hungry Fan does not sell, offer to sell, or solicit sales of alcohol through hungryfan.com. Dixie Vodka markets its vodka on its website and offers customers a checkout buy button iframe embed to hungryfan.com where customers can place an order with the Retailer. Through this website, you learn about the vodka, including its price. The offer to purchase the vodka ultimately is from the Retailer. If you decide to purchase the vodka, you make the payment to the Retailer and the Retailer fulfills your order, including the delivery of the purchased vodka. This arrangement is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler, or distributor of vodka to any retailer of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. This service may be limited or not available at all in some places due to local law or other restrictions.

    The Retailer does not sell alcohol to persons under the age of 21. By using this site you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and YOU ARE PURCHASING SOLELY FOR (i) SELF CONSUMPTION OR (ii) GIFTING TO A PERSON IN THE U.S. WHO IS AT LEAST 21 YEARS OLD. YOU ALSO AFFIRM THAT THE STATE IN WHICH YOU ARE ORDERING AND THE STATE TO WHICH YOU ARE ASKING US TO DELIVER PERMIT THE SALE AND DELIVERY.

    Shipping is carried through UPS to states where permitted. A signature of a person who is 21 years of age and older is required for delivery.

    We will rely upon the foregoing representations, and in the event that we are held liable because t your representations are not true, you hereby agree to indemnify us and/or reimburse us and the retailer(s) that sold the alcohol products. You also agree to be wholly responsible for all costs, expenses (including legal fees) and damages we and the retailer(s) suffer or incur.

    Hungryfan.com is owned and operated by D3F LLC., (doing business as “Hungry Fan”). By using the site, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, and all the terms, conditions, disclaimers, and limitations that appear or are made available to you on our site (for example, in connection with special offers or promotions), as they may be amended from time to time, and to which we may refer to herein collectively as your “Agreement” with us.

     

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