1. These Terms & Conditions & User Agreement (also herein “terms and conditions”, “Agreement” or “agreement”) set forth how DV23 LLC (also herein, the “Company”, “we”, “us” or “our”) and you the user (also herein, “you”, “your”, “user” or “User”, also in many circumstances may be referred to as “subscriber”, “member”, “VIP”, or “affiliate”, agree to respect and treat each other while and after you are using our website, pages and other information published through www.modernasianfamily.com, known as Modern Asian Family (the “Website).
2. Copyright & Trademark Notice: Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reading the information on this site, for your own education, for shopping on this site or for placing an order through this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
3. No Professional Advice: The beneficial low and no-cost advice shared on our site has been provided for general educational purposes only and for no other purpose. Nothing we provide for you here is intended to replace any form of competent professional advice. If you are in need of professional advice, including medical, mental health, legal, accounting or tax advice, or any other form of professional advice, then you should seek out a competent professional in that area who can ensure you are provided help that is specific to your particular situation and circumstances.
4. No FDA Evaluation: The advice shared in this site has not been evaluated by the US Food & Drug Administration (FDA). The products and methods recommended are not intended to diagnose, treat, cure or prevent any illness or disease, nor are the products and methods intended to replace proper medical help.
5. Federal Trade Commission Disclosure: This website and its information are written, edited and published by the Company, which claims sole and exclusive ownership of its content. For questions about this website or its content, please contact us using the following email address: hello@modernasianfamily.com. The Company sometimes accepts forms of cash advertising, direct sponsorship, affiliate sponsorship, paid insertions, or other forms of compensation. We abide by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in our website and its content. Other than what is obviously advertising, if certain content is paid or directly sponsored, then we here pledge our best efforts to clearly identify or label it as such. The Company is sometimes compensated to provide opinions on products, services, websites and various other topics. Even though we may receive compensation for our posts, advertisements or other content, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on any blog, guest post or in any form of comments on our website are purely that blogger’s own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
Modern Asian Family (DV23 LLC) is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. As an Amazon Associate I earn from qualifying purchases.
6. Policy for Our Giveaways:
- No purchase(s) necessary to win.
- Giveaways are for U.S. residents only (unless stated otherwise).
- Entrants must be natural persons 18 years of age or older to enter.
- Winners are chosen at random, which typically means by a method employing the free tools available at www.random.org, or other similar tools; we also may choose a winner by awarding the prize to the first eligible person to respond to our free call to action.
- Winners will be notified by email shortly after the giveaway ends. We are not responsible if a winner’s email inbox settings mark or categorize our notification email as junk, spam or the like.
- Winners will have 48 hours to claim the prize or another winner may be chosen at our discretion.
- We are not responsible for lost or damaged items. Replacement items will not be provided.
- We may, at our discretion, make public the first name and last initial of our giveaway winners, also making public their state and/or country of residence. All other contact information will remain private and will be destroyed after a winner is confirmed and their prize is confirmed as mailed.
- Since all of our giveaways are for cash, goods and/or services valued at less than US$600, we don’t and won’t be sending any winner a form 1099-misc for US income tax purposes, and a winner’s tax considerations and any tax or tax-related obligations are entirely their own.
- We reserve the right to end, extend, or change a giveaway for any reason and without prior notice.
- We reserve the right to consider any entrant ineligible who has been a winner in one of our giveaways in the last 12 months.
- In any of our giveaways of products from certain companies, we reserve the right to limit the pool of eligible entrants to those persons who are not wholesale members, affiliates, contractors or employees of those companies.
- Odds of winning in one of our giveaways depend on number of entrants.
- Void where prohibited by law.
7. Other Terms & Conditions: All of the provisions of our Privacy Policy are incorporated into these Terms and Conditions, and vice-versa. We make no guarantees or warranties about any information on our site, including without limitation any warranty of fitness for a particular purpose. Anyone subscribing to our website or using any of our programs, posts or pages is also agreeing to these Terms and Conditions, and any user providing us their email address in exchange for our delivering any content to them personally or who is registering for one or more of our webinars or videos also is assenting and agreeing to receive emails from us on a regular basis. Any of our subscribers may opt out at any time by reply email, if the email was sent directly by us or one of our staff, or otherwise by unsubscribing as provided in the footer of our emails. We love our subscribers and will not sell or rent your email address or any other information to any third parties. These terms and conditions will supersede any terms and/or conditions you may have copies of in any form, regardless of whether we have signed them or not. We reserve the right to make changes to this site and these terms and conditions at any time.
8. Governing Law: This agreement shall be construed under the laws of the State of Delaware.
9. Severability and Interpretation: Whenever possible each provision of these terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this agreement. We and you agree that any ambiguity or vagueness of any provision of this agreement shall not be construed against the drafting party because of its being the drafter of this agreement.
10. Survival: All obligations of the parties hereto contained in this agreement shall survive the expiration or termination of this agreement.
11. Arbitration: All claims and disputes arising under or relating to these terms and conditions are to be settled by binding arbitration in the State of Delaware or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. Should any arbitration be commenced between the parties to this agreement concerning this agreement, or the rights and duties of either in relation thereto, the party prevailing in such arbitration shall be entitled, in addition to such relief as may be granted, to its attorneys’ fees and costs in the arbitration.
12. Limitation of Liability: Company shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of our content, or other performance of services under this Agreement.
You Expressly Agree That Use Of Modern Asian Family, The Site, And The Internet Is Entirely At Your Own Risk. Modern Asian Family, The Site, And Its Contents Are Provided On An “As Is,” “As Available” Basis.
To The Extent Permitted By Applicable Law, Modern Asian Family Disclaims All Representations And Warranties Of Any Kind, Whether Express Or Implied, Including, Without Limitation, The Warranties Of Merchantability Or Fitness For A Particular Purpose, With Respect To Modern Asian Family, The Site, Or Its Contents Or With Respect To Any Information, Services, And Products Provided Through Or In Connection With Modern Asian Family Online Ordering Service; Modern Asian Family Does Not Adopt Any Representation Or Warranty Of Any Manufacturer Or Merchant Of Any Such Information, Service, Or Products. Modern Asian Family Makes No Representations Or Warranties Of Any Kind As To The Availability, Accuracy, Or Content Of Any Information, Services, Or Products Obtained Through The Site Or Modern Asian Family Online Ordering Services. Modern Asian Family Does Not Warrant That The Functions Provided By The Site Will Be Uninterrupted Or Error Free, Or That This Site Or The Server That Makes It Available Is Free From Viruses Or Other Harmful Components.
Neither Modern Asian Family Nor Any Of Its Directors, Employees, Shareholders, Affiliates, Agents, Representatives, Third-party Information Providers, Merchants, Or Licensors (Collectively, “Modern Asian Family Parties”) Shall Be Liable For Any Damages Of Any Kind, Including, Without Limitation, Compensatory, Direct, Indirect, Special, Incidental, Consequential, Or Punitive Damages; Loss Of Data, Income, Or Profit; Or Loss Or Damage To Property, Arising Out Of Or In Connection With The Use Of, Or The Inability To Use, The Site, Modern Asian Family Online Ordering Service, Or The Internet.
13. Indemnification: User agrees to defend, indemnify and hold harmless the Company, its officers, affiliates, directors, agents, and employees from and against any and all property damage, personal injuries or death and other liability, loss, cost, expense, or damage, including, without limitation, court costs and reasonable attorney’s fees arising out of user’s use or misuse, whether intentional or negligent, of the Company’s content and information and from user’s breach of any of the terms contained in this agreement.
14. Counterparts: This agreement may be executed in several counterparts or by separate actions between or among its parties, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement; it’s understood that your accessing and using the information on this website constitutes your complete assent (and, as applicable, the assent of the company, group or organization you represent) to all of these terms and conditions.
15. Cookies: We employ the use of cookies. By using the Website you consent to the use of cookies in accordance with the Website’s privacy policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
16: License: Unless otherwise stated, DV23 LLC and/or it’s licensors own the intellectual property rights for all material on the Website. All intellectual property rights are reserved. You may view and/or print pages from https://www.modernasianfamily.com for your own personal use subject to restrictions set in these terms and conditions. You must not:
- Republish material from https://www.modernasianfamily.com
- Sell, rent or sub-license material from https://www.modernasianfamily.com
- Reproduce, duplicate or copy material from https://www.modernasianfamily.com
Redistribute content from the Website and DV23 LLC (unless content is specifically made for redistribution).
17. User Comments:
- This Agreement shall begin on the date hereof.
- Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. DV23 LLC does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of DV23 LLC, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws DV23 LLC shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
- DV23 LLC reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
- You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- You hereby grant to DV23 LLC a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
18. Third Party Resource: The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with our Web site. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
19. Full Disclosure Affiliate Policy: Occasionally, we accept forms of cash advertising, sponsorship, paid insertions or other forms of compensation. The compensation received will never influence the content, topics or posts made on https://www.modernasianfamily.com. All advertising is in the form of advertisements generated by a third party ad network.
This blog may be compensated to provide opinion on products, services, websites and various other topics. Even though we receive compensation for our posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this blog are purely our own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
20. Disclaimer: To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
21. Nutrition Information Disclosure: We occasionally offers nutritional information for recipes contained on this site. This information is provided as a courtesy and should not be construed as a guarantee by. This information is a product of online calculators such as Caloriecount.com. Although we attempt to provide accurate Nutritional Information, these figures should be considered estimates. Varying factors such as product types and the way ingredients are processed change the effective Nutritional Information in any given recipe. To obtain the most accurate representation of the Nutritional Information in a given recipe, you should calculate the Nutritional Information with the actual ingredients used in your recipe.
22. Headings: The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this agreement.
END OF TERMS & CONDITIONS & USER AGREEMENT
