1. Accepting the Website Terms of Use

These Terms are between you and Duck Phat concerning all information, tools, and services available on or through this site to you, the user (“you”, “your”). Please read these Terms of Use (“Terms of Use”, “Terms”) carefully before accessing or using our website.

By visiting the site, accessing or using information, tools and services available on this site (collectively, the “Service”) you agree to be bound by these Terms and Privacy Policy.

These Terms of Use give you specific legal rights, and you may also have other legal rights in addition, which vary from country to country.

Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use on our Site. Your continued use of or access to any part of the Service following the posting of any changes constitutes acceptance of those changes.

2. Your Privacy

Please review Duck Phat’s Privacy Policy, which explains how we collect and use certain information that you submit to Duck Phat.

3. Your Use of Our Website

The information and content on the Services including, but not limited to logos, graphics, video, images, product information, designs, copy, and other third party content, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Web Sites, including, without limitation, the "look and feel" of the Web Sites (collectively, “Duck Phat Content”), are protected by applicable U.S. copyright laws, international conventions, other applicable copyright laws and other proprietary (including, but not limited to, intellectual property) rights and are owned or controlled by Duck Phat, its subsidiaries, affiliates or its licensors.

Except as specifically provided herein, you have no other rights in the Service or any Duck Phat Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Service or Duck Phat Content in any manner, without the prior express written permission of Duck Phat. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Duck Phat’s names, logos, product and service names, trademarks or services marks, or those of Duck Phat’s licensors.

4. Your Use of Third-Party Services

The Service may be linked to other websites or services that are not controlled or maintained by Duck Phat (collectively, “Third-Party Sites”). Certain areas of the Service may allow you to interact with such Third-Party Sites and, in certain situations, you may be transferred to a Third-Party Site through a link, but it may appear that you are still using a part of the Service. You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions than Duck Phat, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site’s privacy policy and terms. Duck Phat may provide links to Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. In no event shall Duck Phat be responsible or liable for any products or services of such third-party providers.

5. Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials to Duck Phat, whether by letter, email, form, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Service, including, without limitation, new features or functionality, all such Feedback is, and will be treated as, non-confidential and nonproprietary. You hereby assign all right, title, and interest in, and Duck Phat is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback.

6. Intellectual Property & Copyright Infringement

Duck Phat and third-party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. Duck Phat respects copyright law and expects its users to do the same. If you believe your copyrighted material unlawfully appears on our website you may send a Duck Phat a notice at contact@duckphat.com.

7. Disclaimer of Warranties and Indemnification

Your use of this Service is at your own risk. Duck Phat does not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error- free. The Service, Duck Phat Content and User Content have not been verified or authenticated in whole or in part by Duck Phat, and they may include inaccuracies or typographical or other errors. Duck Phat does not warrant the accuracy or timeliness of the Duck Phat Content contained on this Service and Duck Phat has no liability for any errors or omissions in the Duck Phat Content or User Content, whether provided by Duck Phat, our licensors, suppliers, or other users.

You agree to indemnify, defend, and hold harmless Duck Phat and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your (i) use of the Services, including any User Content and Feedback you provide; (ii) breach of these Terms of Use or the documents they incorporate by reference, or (iii) your violation of any law or the rights of a third-party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Duck Phat, and you agree to cooperate with our defense of such claims. You agree not to settle any such claims with Duck Phat’s prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

8. Our Limitation of Liability

Nothing in these Terms (including anything specified in this "Our Limitation of Liability" provision) shall attempt to exclude or limit liability that cannot be excluded or limited under applicable law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE DISCLAIMER OF WARRANTIES, IN NO CASE SHALL (A) DUCK PHAT, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PURCHASE OF PRODUCTS OR DISPLAYING, COPYING, OR DOWNLOADING ANY CONTENT TO OR FROM THE SERVICE, EVEN IF DUCK PHAT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; (B) DUCK PHAT, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF Duck Phat KNEW OR SHOULD HAVE KNOWN OF THEIR POSSIBILITY. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. Termination

These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. If in our sole judgment you fail, or we reasonably suspect that you have failed, to comply with any term or provision of these Terms of Use, we may either (i) suspend your access to our Services (or any part thereof); or (ii) terminate this agreement at any time upon notice to you and you will remain liable for all amounts due up to and including the date of termination.

10. Other Terms

Duck Phat is a U.S. company and subject only to U.S. laws and jurisdiction, as of the date of these terms, these Terms of Use (and any other terms, policies, or guidelines that we provide to you) are only available in English.

Duck Phat controls and operates its Service and sells products from its headquarters in the United States and the Duck Phat Content and products offered through the Service may not be appropriate or available for use in other locations. If you use this Service outside the United States of America, you are solely responsible for following applicable local laws.

In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the legality, validity, and enforceability of any other remaining provisions.

A failure or delay by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

11. Changes to These Terms

These Terms are current as of the date noted below. Duck Phat may at its discretion modify, update, add to, discontinue, remove or otherwise change these Terms and Conditions at any time. If we make any changes that materially affect our practices, we will provide you with notice of such change by updating the ‘Last Updated’ date below on our site.

12. Contact Us

If you have any questions about our Terms, you may contact us at contact@duckphat.com or by mail at:

Duck Phat Foods LLC
246B Livingston St., #290
Northvale, NJ 07647

Effective Date: January 1, 2022