Terms of Use & Conditions of Consumption

By visiting the Deathnuts.com, Deathnutchallenge.com or Blazingfoods.com website, viewing, accessing, purchasing or otherwise using any of the services or information created, collected, compiled or submitted to Blazing Foods, 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 Blazingfoods.com or Deathnuts.com. You understand, agree and acknowledge that these Terms of Use constitute a legally binding agreement between you and Blazing Foods and that your use of Deathnuts.com, Deathnutchallenge.com or Blazingfoods.com shall indicate your acceptance of the Terms of Use.

By purchasing the Death Nut Challenge you (referred to hereinafter as the “Participant”) understand, acknowledge and accept that participation in and/or consumption of the Death Nut Challenge 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 Death Nut Challenge 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 Death Nut Challenge. In consideration for participating in and/or consuming the Death Nut Challenge, Participant, on his or her own behalf, and on behalf of all other persons claiming by, through or under you, hereby releases Blazing Foods 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 Death Nut Challenge, 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 Death Nut Challenge. 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 Death Nut Challenge for someone other than himself or herself, Participant agrees to inform recipient of these terms of use and conditions of consumption. Failure to inform recipient of 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 Death Nut Challenge.

Any dispute or claim relating in any way to your use of any Blazing Foods or Death Nuts, or to any products or services sold or distributed by Blazing Foods or through Deathnuts.com.com, Deathnutchallenge.com or Blazingfoods.com 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.

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the United States, North Carolina, Charlotte to resolve any legal matter arising from the Terms of Use or related to your use of the Deathnuts.com, Deathnutchallenge.com or Blazingfoods.com 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.

You understand and agree that the Terms of Use constitute the entire agreement between you and Blazing Foods. 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.

Blazing Foods 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 Death Nuts website and your continued use of the Death Nuts website after any changes will signify your agreement to be bound by such new terms and conditions.