Terms & Conditions

Last updated: May 20, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Pennsylvania, United States
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Dino Don, Inc., 1640 Ridley Creek Road Media, PA 19063.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Dino Don, accessible from www.dinodon.com &/or www.dinodoninc.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Disclaimer

The information contained on the Service is for general information purposes only.

The Company assumes no responsibility for errors or omissions in the contents of the Service.

In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Company does not warrant that the Service is free of viruses or other harmful components.

The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.

Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

Errors and Omissions Disclaimer

The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to insure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.

The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.

Fair Use Disclaimer

The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.

The Company believes this constitutes a “fair use” of any such copyrighted material as provided for in section 107 of the United States Copyright law.

If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.

Views Expressed Disclaimer

The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.

Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever.

No Responsibility Disclaimer

The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.

In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.

“Use at Your Own Risk” Disclaimer

All information in the Service is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Terms of Use

By using this site or mobile application (collectively, the “Site”), offered by Dino Don, Inc. (“Dino Don, Inc.”), you agree to all terms, conditions, and notices contained or referenced herein (“Terms of Use”) that apply to your use of DDI products, features and services (collectively, the “Services”).  If you do not agree to the Terms of Use, please do not use the Site. By using the Site and/or Services, you (the “User”) represent that you understand and accept the terms and conditions set forth in the Term of Use.

You represent that (1) you have read and agree to these Terms, and (2) you are of legal age to form a binding contract with DDI. Please read these Terms. BY USING ACCESSING THE SITE OR ANY SERVICES, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS AND CONDITIONS IN THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS, YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE SERVICES.

DDI reserves the right, in its discretion, to update or revise the Terms of Use at any time.  Please check periodically for changes.  Your continued use of the Site and/or Services following the posting of any changes to the Terms of Use constitutes your acceptance of those changes and the Terms of Use as so revised.  If you do not agree to the revised Terms of Use, please discontinue use of the Site and Services.

No Unlawful Use

You may not use the Site or Services for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of DDI or others.  Without limiting the foregoing, you may not attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.

General

Only limited Services are available free of charge. In the future, DDI may offer new services, products and/or features. Such new products, materials, features and/or services, including any custom work, shall be subject to the terms and conditions of the Terms of Use, as amended.

Additional terms and conditions may apply to specific portions of the Site, and such terms and conditions are made a part of the Terms of Use by reference.  You agree to abide by such other terms and conditions.  If there is a conflict between the Terms of Use and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.

You covenant and agree to cooperate promptly, openly and fully with DDI and its agents, attorneys and designees in connection with any investigation regarding any registration or the use of the Site, the Services and any information provided by DDI in connection therewith.

Registration

Each User must register with DDI with a valid email address.  You agree to provide true, accurate and complete information during the registration process. You agree not to impersonate any person or company or use a name that you are not authorized to use. If any information you provide is inaccurate, untrue or incomplete, without limiting any other remedies, DDI has the right to terminate your use of the Services and DDI, its agents, affiliates, attorneys, representatives and partners shall have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize DDI and its agents, affiliates, attorneys, representatives and partners to make any inquiries they consider necessary to validate your registration.

Registered User Account, Password And Security

As part of the registration or account creation process, you will create login credentials by providing an email address and selecting a password. You also have to give us certain registration information, all of which must be accurate and updated.  You must keep your login credentials strictly confidential, you may not allow anyone to use your registration, and you may not access the Site and/or the Services using any other person’s login credentials.  DDI reserves the right to suspend and/or terminate your access at any time in its sole discretion.  DDI shall not be responsible for losses incurred by Users as the result of their misuse of email addresses, passwords or their registration.

User Generated Contributions

DDI may invite you to chat, participate in or comment on blogs, message boards, online forums and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or via the Site, including without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and the Services and through third party websites. As such, any Contributions you transmit will be treated as non-confidential and non-proprietary. When you create or make available Contributions, you thereby represent and warrant that:

  • the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contributions does not and will not infringe the proprietary rights, including but not limited to, the copyright, patent, trademark, trade secret or moral rights of any third party;
  • you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize us, the Site and other users of the Site to use your Contributions;
  • you have the written consent, release and/or permission of each and every identifiable individual person in your Contributions to use his or her name or likeness to enable inclusion and use of your Contributions in the manner contemplated by the Site;
  • your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous or otherwise objectionable (as determined by us), do not ridicule, mock, disparage, intimidate or abuse anyone, do not advocate the violent overthrow of any government, do not incite, encourage or threaten physical harm against another, do not violate any applicable law, regulation or rule and do not violate the privacy or publicity rights of any third party;
  • your Contributions do not contain material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner, and do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
  • your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
  • your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.

We are not liable for any statement, representation or Contributions provided by you in any area of the Site. Any use of the Site or the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Services. Although there is no obligation to do so, we reserve the right, in our absolute and sole discretion, to delete or edit any Contributions at any time or for any reason without notice. We have no obligation to monitor your Contributions.

Contribution License

By posting Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to: (1) host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising or otherwise; (2) prepare derivative works of, or incorporate into other works, such Contributions; and (3) grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media or technology now known or hereafter developed, and includes our use of your name, company name and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos and personal and commercial images you provide. You agree to waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, to: (1) edit, redact or otherwise change any Contributions; (2) re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) pre-screen or delete any Contributions that are determined to be inappropriate.

Non-Use and Reporting Policy

Dino Don, Inc. has built, and is proud to maintain, an unassailable reputation as an unbiased and advertising-free authority. Our reputation is our number one asset, making our product ratings and reviews highly regarded. Our name, logos, artwork and editorial content are all proprietary and protected and enforced under U.S. copyright and trademark laws. It is our policy of non-use, however, which permits our ratings and reviews to have the integrity and currency consumers rely on. We can only accomplish this by strictly controlling commercial use of our content. Accordingly, our product ratings and reviews are absolutely not to be used by any one to promote or advertise their own products or those of someone else. This applies to all manner of third party use, including, but not limited to those manufacturers of products we have reviewed, any distributors or vendors thereof or services which compile ratings of others. The objectivity which is integral to our business model and our success precludes us from deriving revenue from licensing our name or content, except in extremely limited circumstances and by explicit prior permission. While we will take all appropriate steps to resolve each and every infringement of our policy, we also ask our readers to assist us in safeguarding the integrity and objectivity of our brand by reporting to us (at customerservice@dinodoninc.com) any commercial use of our content. Dino Don, Inc. will vigorously address every violation of this policy brought to our attention in order to preserve its role as your cooking authority.

Send Customer Service Inquiries to Our Support Team

Have questions about your account or require customer service assistance? Please do not leave inquiries in comments; for the quickest turnaround and response to your issue, please contact our customer service support directly at customerservice@dinodoninc.com. We’ll be happy to assist you.

Be Constructive

Your voice is valuable to making this community thrive. Feel free to share personal stories, appropriate photos, bright ideas, constructive feedback, curious inquiries, honest insights, and more on a cooking topic—we love to hear them! We suggest reading through other comments in a thread before commenting to see if a similar issue was addressed.

No Hateful, Inflammatory, or Harassing Language

We will absolutely not tolerate attacks on other fellow members or company staff. Treat others the way you’d like to be treated. This is a friendly and open community, and we need your help to keep it that way.

Keep It Family Friendly

Consider your words within the context of reaching a diverse readership. As a general rule of thumb, try to keep it “PG-13.”

No Promotional or Advertising Messaging

Please don’t use the comments as a platform to sell anything or self promote. A discussion or comment that contains only a link to your blog, a product, or your article on another site will almost always be removed. If you wish to personally recommend a product, service, or resource, we strongly suggest you disclose your relationship (even if none) with the brand within the comment.

Don’t Copy and Paste

If you didn’t write it, or haven’t properly cited the article you’re quoting, don’t post it.

Look Out for Each Other

We work hard to enforce a welcoming and resourceful community through moderation, but we appreciate your eyes and ears on the ground floor as well. If you see an issue, please flag any comments for our immediate review by emailing customerservice@dinodoninc.com. Comments that are flagged do not get automatically removed; instead, flagged comments will be marked for a moderator’s review. Flagging comments allows moderators to do their job more efficiently and keep the community running smoothly. Please do not flag a comment just because you disagree. If a comment is flagged for review and it is not violating a rule, the comment will be approved.

Service Modifications

DDI may from time to time and at any time modify or discontinue, temporarily or permanently, any of or all of the Services with or without notice.  DDI shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Service, or any portion thereof.

Proprietary Rights

DDI is the owner of all intellectual property rights, including, without limitation, all copyrights and trademarks, associated with the Site, all data, information and reports, which are the sole and exclusive property of DDI with all rights reserved, exclusive of content provided by third parties, which is owned by the licensors of such content, if any.  You acknowledge and agree that the content and materials available on the Site, including without limitation all data, information, survey results, reports, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws and are the sole and exclusive property of DDI and that you have no rights of ownership and may only use the data and information subject to these Terms of Use, subject in all cases to DDI’s right to terminate such license at any time.

Your right to access and use the Services is specific to you and subject to the Service Subscription you have entered into and DDI grants you a non-exclusive license to use the content and materials for which you have subscribed and paid for solely in accordance with these Terms of Use and your Service Subscription. Use of any of the materials for any purpose not expressly permitted in these Terms of Use is prohibited.

In accordance with the DMCA and other applicable laws, we have the right to limit access to the DDI sites by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the DDI Sites infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:

Name of Designated Agent:  Customer Support
Address: 
1640 Ridley Creek Road
Media, PA 19063
Phone:   610-892-0773
Email: customerservice@dinodoninc.com  

Privacy

Do not post private information about yourself or any other individuals on this platform.

The terms of the DDI Privacy Policy govern the collection, use and distribution of information related to you. You may find and access the Privacy Policy on the bottom of www.dinodon.com & www.dinodoninc.com. By using the Services, you acknowledge and accept the Privacy Policy in order to maintain an active registration.  By continuing to access the Site, you agree that you have had an opportunity to read and review our Privacy Policy.

Indemnity; Disclaimer Of Warranties

You agree to indemnify DDI and all its affiliates, employees, agents, representatives, third party service providers, and members of their governing boards (all of which are “DDI Entities"), and to defend and hold each of them harmless, from any and all claims, actions, and liabilities and all related costs, fees, and expenses (including attorneys' fees) arising out of or related to your breach of these Terms or your use of the Service.

YOU ACKNOWLEDGE THAT YOU ARE USING THE DDI SITES AND SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS,” AND DDI HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY DDI. WITHOUT LIMITING THE FOREGOING, THE DDI ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, REGARDING USER-GENERATED CONTENT AND DDI MATERIALS. THE DDI ENTITIES AND THEIR THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE DDI SITES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE DDI ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ANY OF THE SERVICES OR PRODUCTS AVAILABLE THROUGH DDI, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE DDI ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DDI AND YOU.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

The parties agree that the limitations and exclusions of liability and disclaimers specified in these Terms of Use will survive and apply even if found to have failed of their essential purpose.

Termination

Dino Don, Inc. reserves the right, in its sole discretion at any time, to terminate, change, suspend or discontinue any aspect of the Site and/or the Services and/or to remove any data, content and materials from the Site, with or without notice.  DDI may restrict, suspend or terminate your access to the Site and/or the Services if DDI believes you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.

Choice Of Law

You agree that these Terms and all disputes relating to these Terms and any Services, for all purposes, shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles or rules.

Disputes Resolution, Severability & Waiver

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by DDI, regardless of whether such product or service was purchased prior to or after your acceptance of this Arbitration Agreement, that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and DDI, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to DDI should be sent to: Chief Financial Officer, Dino Don, Inc., 1640 Ridley Creek Road, Media, PA 19063. After the Notice is received, you and DDI may attempt to resolve the claim or dispute informally. If you and DDI do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The JAMS Streamlined Arbitration Rules governing the arbitration are available online at http://www.jamsadr.com. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or DDI pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and DDI, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and DDI.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and DDI in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND DDI WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with DDI.

Small Claims Court. Notwithstanding the foregoing, either you or DDI may bring an individual action in small claims court.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement between you and DDI. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Sweepstakes and Contest Rules

Dino Don, Inc. organizes and sponsors sweepstakes and contests awarding various prizes to participants. These General Sweepstakes/Contest Rules (hereinafter “Rules”) are applicable to all sweepstakes/contests (“Promotions”) conducted by Dino Don, Inc. and should be read in conjunction with any promotion-specific rules published by Dino Don, Inc. for a particular promotion. Participation in any of these promotions constitutes the Participant’s agreement and acceptance of these Rules. All federal, state, local, municipal laws and regulations apply.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR CONTRIBUTION TO DINO DON, INC. WILL NOT INCREASE YOUR CHANCES OF WINNING.

Eligibility

Promotions are open to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older as of the date of entry, and are void where prohibited by law. Employees of Dino Don, Inc., Employees of Sponsor, and other companies associated with the promotion of the sweepstakes/contest, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, and immediate family members (spouse, parents, siblings, and children) and/or those living in the same household of Employees are not eligible to participate in the promotion. The promotion is subject to all federal, state, local, municipal laws and regulations.

Promotion Period – start and end date

Entries will be accepted online starting and ending on the dates and times specified in the linked announcement for the promotion (e.g., the post on our Facebook, Instagram &/or Twitter Page.) Entries that are submitted before or after the Promotion Period will be disqualified.

Entry rules

The promotion must be entered by following the entry rules specified in the linked announcement for the promotion (e.g., the post on our Facebook, Instagram &/or Twitter Page). Any comment, photo, audio file, video, text, etc. must meet all promotion requirements to be eligible to win a prize. Incomplete entries or the ones which are not in alignment with the rules, requirements, and specifications will be disqualified by Dino Don, Inc. You may enter the promotion as many times as specified in the linked announcement for the promotion (e.g., the post on our Facebook, Instagram &/or Twitter Page) and you need to provide any information that might be necessary. Any attempt of circumvention of the rules will result in immediate disqualification from the promotion.

Web Entries

Participants must accurately complete all required fields (including, if applicable, following instructions on how to properly submit their audio file, upload a photograph, or upload a video) or the entry will be characterized as incomplete and will not qualify.

Original Content; Ownership

By participating in the promotion, each Participant guarantees that they are the exclusive owner of the copyright and all other proprietary rights in any and all materials and content submitted by the Participant to enter the promotion. The Participant further claims and guarantees that they have the right to grant to any third party the right to use, reproduce, distribute, perform and display any comment, photo, audio file, video, text, etc. All entries must have appropriate clearances, permissions and releases PRIOR to uploading, or may be eliminated from the promotion. Any unauthorized samples or performances of another artist’s material could be subject to fines, royalty fees, and/or legal action for which the Participant agrees to indemnify, defend and hold Dino Don, Inc. harmless. Dino Don, Inc. may use any comment, photo, audio file, video, text, etc. on-demand on Dino Don, Inc’s or its affiliates’ websites.

Rights Granted by Promotion Participants

By entering this promotion and sending your comment, photo, audio file, video, text, etc. the Participant understands and agrees that Dino Don, Inc. and/or anyone acting on behalf of Dino Don, Inc. has the right, where permitted by law, to use the content and personal information for any promotional purposes without limitation and without any further compensation, notice, review, or consent.

Disclaimer of Responsibility

Dino Don, Inc. is not responsible for problems with promotion entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of the sole or partial negligence of Dino Don, Inc.

Prizes

Winner of the promotion (hereinafter “Winner”) will receive the prize specified in the linked announcement for the promotion (e.g., the post on our Facebook Page,) which is determined by Dino Don, Inc. The prize cannot be redeemed for cash or substituted for another prize, and is non-transferable. Prize-related expenses including all federal, state, and local taxes represent the sole financial responsibility of the Winner. The prize is given with no written, express, or implied warranty. Any prize not claimed within 14 days will be forfeited by the winner and remain the property of Dino Don, Inc. Acceptance of the prize gives Dino Don, Inc. permission to use the Winner’s personal details and comment, photo, audio file, video, text, etc.] for advertising purposes without further compensation, unless it is prohibited by law.

Winner Selection and Notification

Winner will be selected by criteria specified in the linked announcement for the promotion (e.g., the post on our Facebook, Instagram &/or Twitter Page) under the supervision of Dino Don, Inc. Winner will be informed about the prize by a social media response to your entry, private social media message, or email within 10 business days following the Winner selection to claim the prize. Dino Don, Inc. is not responsible if the Winner fails to receive the notice about the prize due to any security settings or provision of incorrect contact information. If the Winner fails to respond within the required time period, the prize may be forfeited and an alternate Winner may be selected based on the original criteria specified in the linked announcement for the promotion. If the Winner is considered a minor in their place of residence, Dino Don, Inc. reserves the right to place the prize in the name of the Winner’s parent or legal guardian who will be requested to sign the Declaration of Claim on the Winner’s behalf. Acceptance of the prize given in this promotion is in accordance with any and all federal, state, and local laws and regulations. If the Winner is disqualified for any reason, Dino Don, Inc. is not obliged to provide an alternate prize or extend the promotion period in any way, and all privileges as Winner will be terminated immediately. Participants who provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the promotion will be disqualified and subject to criminal prosecution.

How to Claim the Prize

The Winner will have their prize mailed to the specified address in which they provide to Dino Don, Inc. In mailing to the Winner, they assume the risk of the prize’s safe arrival. Winners are required to provide (1) a valid government-issued photo identification depicting the proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. Dino Don, Inc. reserves the right to deny awarding the prize if the winner fails to provide a satisfactory identification.

Terms & General Conditions

Dino Don, Inc. reserves the right to cancel, terminate, modify or suspend the promotion should virus, bug, non-authorized human intervention, fraud, or any other cause affect the administration, security, fairness, or proper conduct of the promotion. If such case occurs, Dino Don, Inc. may select the Winner from all eligible entries. Any attempt by an entrant to deliberately damage the Winner selection process and the legitimate operation of the promotion may be a violation of criminal and civil laws.

Limitation of Liability

By entering the promotion, You agree to release and hold harmless Dino Don, Inc. and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, 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:

  • such entrant’s participation in the promotion and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof;
  • technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, software, or other mechanical equipment;
  • the unavailability or inaccessibility of any transmissions, telephone, or Internet service;
  • unauthorized human intervention in any part of the entry process or the promotion;
  • electronic or human error in the administration of the promotion or the processing of entries.

Disputes and Arbitration

THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND NORTH DAKOTA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this promotion, the participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in North Dakota having jurisdiction.

Privacy Policy

Information submitted with an entry is subject to the Privacy Policy stated on the Dino Don, Inc. website.

Social Media

Dino Don, Inc. may utilize social media platforms (Facebook, Instagram &/or Twitter, etc.) to promote sweepstakes or contests. The Participant understands and agrees that any such promotion is in no way sponsored, endorsed or administered by, or associated with, any of the social media platforms (Facebook, Instagram &/or Twitter, etc.).

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:
By email: customerservice@dinodoninc.com