Terms & Conditions

 

Terms of Use & Conditions of Consumption

NOT FOR USE BY ANYONE UNDER THE AGE OF 18.

DO NOT CONSUME ANY PRODUCT(S) ON THIS WEBSITE IF YOU HAVE ANY MEDICAL CONDITION.

THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH THE JOHNNY SCOVILLE WEBSITE (REFERRED TO HEREINAFTER AS THE “WEBSITE”) IS GOVERNED BY THE TERMS OF USE AND CONDITIONS OF CONSUMPTION AS SET FORTH BELOW BY JOHNNY SCOVILLE (“TERMS OF USE”).

PLEASE READ THE TERMS OF USE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE AND CONDITIONS OF CONSUMPTION. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF USE AND CONDITIONS OF CONSUMPTION, YOU MAY NOT ACCESS OR USE THIS SITE.

  1. ACCEPTANCE OF TERMS OF USE & CONDITIONS OF CONSUMPTION

By visiting the Website, viewing, accessing, purchasing or otherwise using any of the services or information created, collected, compiled or submitted to Johnny Scoville, you agree to be bound by the Terms of Use. If you do not want to be bound by the Terms of Use, your only option is not to visit, view, purchase products or otherwise use the services of the Website. You understand, agree and acknowledge that these Terms of Use constitute a legally binding agreement between you and Johnny Scoville and that your use of the Website shall indicate your acceptance of the Terms of Use & Conditions of Consumption.

  1. CONDITIONS OF CONSUMPTION

By purchasing, gifting and/or consuming the Johnny Scoville Tube of Terror (referred to hereinafter as the “Product”) you (referred to hereinafter as the “Participant”) understand, acknowledge and accept that participation in and/or consumption of the Product involves a risk of personal injury and Participant is fully aware of all risks involved. Participant acknowledges he or she is voluntarily participating in and/or consuming the Product and hereby voluntarily assumes all risk of loss, damage, injury, illness, or death that may be sustained as a result of participation in and/or consumption of the Product. In consideration for participating in and/or consuming the Product, Participant, on his or her own behalf, and on behalf of all other persons claiming by, through or under you, hereby releases Blazing Foods & Johnny Scoville including its subsidiaries, and, as applicable, their franchisees as well as their respective officers, directors, employees, agents, independent contractors and successors and assigns (referred to hereinafter as the “Company Parties”), from all rights, claims and actions, including claims for personal injury of a Participant, death of a Participant and/or damage to property of a Participant, arising out of the Participant’s participation and/or consumption of the Product, whether or not said injuries, death or damage were caused by the negligence or other acts or omissions of the Company Parties. Participant agrees for himself or herself, and for his or her heirs and legal representatives, to indemnify and hold harmless the Company Parties from and against any and all damages, actions, causes of action, claims, judgments, costs of litigation and attorney’s fees which may in any way and at any time result from Participant’s participation and/or consumption of the Product. Participant agrees that the Company Parties have the worldwide license and right to use Participant’s name, voice, picture or likeness in any advertising, broadcasting or promotional material (including in-store signage) without providing further notice and without providing any financial or other compensation, and Participant hereby releases the Company Parties from any claims arising therefrom.

If Participant is gifting or purchasing the Product for someone other than himself or herself, Participant agrees to inform and provide recipient these terms of use and conditions of consumption. Failure to inform and provide recipient these terms of use and conditions of consumption indicates Participant’s voluntary acceptance of personal responsibility and Participant agrees to wholly assume all risk of loss, damage, injury, illness, or death that may be sustained as a result of Participant recipient’s participation in and/or consumption of the Product.

Should Participant not agree and/or voluntarily bind to any part of the Conditions of Consumption, your only option is = DO NOT CONSUME or GIFT this Product.

  1. DISPUTES

Any dispute or claim relating in any way to your use of any the Website, or to any products or services sold or distributed by Johnny Scoville will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

  1. JURISDICTION

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by Johnny Scoville to resolve any legal matter arising from the Terms of Use or related to your use of the Website. If the court of law having jurisdiction rules that any provision of the agreement is invalid, then that provision will be removed from the Terms of Use and the remaining terms and conditions will continue to be valid in full force and effect.

  1. ENTIRE AGREEMENT

You understand and agree that the Terms of Use constitute the entire agreement between you and Johnny Scoville. You may be subject to additional terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.

  1. CHANGES TO THE TERMS OF USE

Johnny Scoville reserves the right to modify the Terms of Use from time to time at our sole discretion and without any notice. Changes to the Terms of Use will become effective on the date they are posted on the Website and your continued use of the Website after any changes will signify your agreement to be bound by such new terms and conditions