IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE BINDING ARBITRATION AND CLASS ACTION WAIVER SECTIONS BELOW. PLEASE READ CAREFULLY.
1. Acceptance of Terms
You represent that you are legally able to accept these Terms, and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so.
2. Changes to These Terms
We reserve the right to change these Terms at any time. Such changes will be effective when posted. If we make a material change to these Terms, we will notify you as required by law. By continuing to use the Services after we post any such changes, you accept the Terms as modified.
3. Rules of Conduct
When accessing or using the Services, you must not:
- Violate these Terms, any additional agreements you enter into with Relish in connection with the Services, Relish policies, or any law or regulation;
- Engage in or encourage activity that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Infringe or violate the intellectual property rights or any other rights of anyone else (including Relish);
- Post any content that contains any information that you know is not correct or current;
- Post any content or take any action that advertises or solicits business for products or services other than those that are offered and promoted on the Services;
- Collect any personally identifiable information from Users of the Services or use any such information found on the Services;
- Engage in activity that jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you or logging into the Services as someone else);
- Attempt, in any manner, to obtain the password, account, or other security information from any other User;
- Violate the security of any computer network, crack any passwords or security encryption codes;
- Bypass the measures we may use to prevent or restrict access to the Services or access content through any means other than those authorized by the Services;
- Take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Use a third party’s credentials, conceal your true IP address, manipulate or forge identifiers, or otherwise impersonate or misrepresent your identity, your affiliation with any person or entity;
- Copy, distribute, or disclose any part of the Services in any medium, including without limitation by any automated or non-automated "scraping";
- Use “robots,” “crawlers,” “spiders,” or automated means to access the Services or disregard any instructions in robots.txt files present on the Services;
- Obtain, or attempt to obtain, access to areas of the Services or our systems that are not intended for access by you;
- Send spam, chain letters or other unsolicited communications.
- Post any content or take any action that contains or distributes any virus, malware, spyware or other malicious or harmful content or code;
- Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services; or
- Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of items, or attempt, permit, encourage, assist, or allow any other violation of these Terms.
You further agree that you are not (i) located in, under the control of, or a national or resident of any country (a) subject to a United States (“U.S.”) government embargo, (b) that the U.S. government has identified as a "Specially Designated National" or “terrorist supporting” country or (c) on the U.S. Commerce Department's Table of Deny Orders, or (ii) listed on any U.S. government list of prohibited or restricted parties.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Membership in, and use of, the Services is void where prohibited.
4. Ownership of Service Content and Submissions
We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Services (“Service Content”). You may use the Services (including any Service Content) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Service Content unless explicitly authorized in these Terms or by the owner of the materials. You may, however, download and/or print one copy of individual pages of the Services for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may also download and install a copy of the app on a device that you exclusively control and to run such copy of the app solely for your own personal use.
If you submit or post any materials or content to the Services (“User Content”), you grant us and our business partners a non-exclusive, royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, in any form or media, and via any technology we choose, whether it exists now or is created in the future. You represent that (i) any materials and content posted or otherwise submitted by you to the Services is original to you and that you have the right to grant us these rights, (ii) the posting and use of your materials and content on or through the Services do not violate, misappropriate or infringe on the rights of any third-party, including, without limitation, privacy rights, rights of publicity, copyrights, trademark and/or other intellectual property rights, and (iii) such posts and the content contained therein abide by the Rules of Conduct set forth in these Terms.
You may choose, or we may invite you, to submit comments or ideas about the Services and our other products and services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Relish under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Idea, Relish does not waive any rights to use similar or related ideas previously known to Relish, developed by its employees, or obtained from sources other than you.
5. Responsibility for Public Postings and Content
Relish takes no responsibility and assumes no liability for any User Content that you or any other User or third party submits, shares, posts, or sends over the Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Relish shall not be liable for any damages you allege to incur as a result of User Content. You understand that we have no obligation to moderate User Content, but we reserve the right to do so. Our employees, agents, representatives, or anyone acting on our behalf have no authority to make binding commitments, promises or representations to anyone regarding moderation of the User Content, you agree that we or anyone acting on our behalf shall not be liable as a result of such a representation.
6. Registration and Log In
To access certain features or areas of the Services, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the Services are only available to our registered users, and to access those areas of the Services you will be required to log in.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for us to suspend or terminate your account and refuse you service in the future. The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when the Services are accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account. We are not liable for any loss or damage arising from your failure to protect your password or account information.
To the extent the Services or any portion thereof are made available for any fee, you will be required to select a payment plan and provide us information regarding your credit card or other payment method, which may include a intermediary provider such as iTunes, Google Play, or a similar app store (“App Store”). You represent and warrant to us that such information is true and that you are authorized to use the payment method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay us the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms. You hereby authorize us to bill your payment method in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let us know within sixty (60) days after the date that we charge you. We may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time in our sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all fees and taxes associated with the Services.
8. No Refunds
You may cancel your account at any time; however, there are no refunds for cancellation except (a) as expressly set forth herein, and/or (b) as required by applicable law. In the event that Relish suspends or terminates your account or these Terms, you understand and agree that you shall receive no refund or exchange for any Service Content, any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account or for anything else.
9. Auto-Renewing Membership
The Services may offer an auto-renewing feature (“Membership”). If you enroll in a Membership, you are signing up to an auto-renewing subscription requiring recurring payments, you authorize us to store your payment method for the purpose of the auto-renewal transaction, and you agree to pay the then-current applicable fee and all taxes or possible transaction fees, and any other charges incurred in connection with your Membership and further agree and acknowledge that it will automatically renew, unless, prior to the end of the current period of effectiveness of your Membership: (a) you terminate your account; (b) you cancel your Membership (as described below); (c) we decline to renew your Membership; or (d) these Terms are otherwise properly terminated as expressly permitted herein.
Residents of the District of Columbia are not permitted to purchase a Membership. By enrolling in a Membership, you acknowledge and agree that you are not a resident of the District of Columbia. If you sign up for a Membership, you will be charged your first subscription fee and any applicable taxes on the date you purchase your subscription or, if your subscription includes a free trial, on the day after your free trial ends. If your subscription is based on intermediary provider billing, your provider will automatically charge your App Store account for the cost of the Membership and any applicable taxes. Your subscription will automatically continue at the interval you have selected, and you will continue to be charged at the then-current price (including any applicable taxes), until you cancel your subscription or we terminate it. You can find your Membership renewal/billing date in your account settings.
If your Membership includes a free trial, you will not be charged the applicable fee during your free trial. To obtain the free trial, you will be required to provide a credit card or other payment method in order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon completion of your free trial, your subscription will automatically convert into a paid Membership and your payment method will be charged the applicable fee unless you have cancelled your subscription. You may cancel your Membership as described below. You may not receive a notice from us that your free trial has ended or that the paying portion of your Membership has begun unless required by applicable law. You are only permitted one free trial. If your Membership is ever terminated for any reason, and you purchase an additional Membership, you shall not be eligible for a free trial on any subsequent Membership.
If any fee is not paid in a timely manner, or we are unable to process your transaction using the payment method on file, and you do not promptly provide a new eligible payment method or bring your balance current within thirty (30) days after we provide you with notification that your account is in arrears, we reserve the right to suspend, disable, cancel or terminate your access to the Services or convert your Membership into a non-subscription account.
You may cancel your Membership via the settings menu within your iOS device or Google Play on your Android device. You may receive additional advice on cancelation by contacting Relish at firstname.lastname@example.org. If you are enrolled in a monthly or other periodic payment plan and you decide to cancel during the Membership period, you acknowledge and agree that, unless otherwise agreed in writing, you must cancel your subscription before it renews to avoid billing of the next periodic subscription fees to your account. However, if you cancel a pre-paid Membership, you will not receive any refund, unless otherwise required by law. If you cancel your subscription, you will be able to use your Membership for the remainder of your pre-paid subscription term. YOUR SUBSCRIPTION FEE IS NONREFUNDABLE UNLESS REQUIRED BY APPLICABLE LAW.
Relish may change the Membership price or features from time to time at our discretion, and will communicate any price changes to you in advance. Price changes for Membership will take effect at the start of the next Membership period following the date of the price change. As permitted by applicable law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not wish to continue subscribing with the new fees or features, you have the right to reject the change by cancelling your Membership prior to the changes going into effect. Please therefore make sure you read any such notification of price changes carefully. If you accept the new Membership terms, those terms and conditions will apply for that renewal and all renewals going forward.
We may terminate your Membership in our sole discretion and without any notice. If we cancel your Membership, we will give you a prorated refund based on the amount of time remaining in your pre-paid subscription; provided, however, that we will not be obligated to grant you a refund if we terminate your account or your Membership because we determine, in our sole discretion, that your actions or your use of the Services violate these Terms or has harmed another user.
10. Downloading from the Apple App Store
The following additional terms and conditions apply with respect to any app that Relish provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and Relish only, and not with Apple, Inc. (“Apple”).
- Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service.
- Relish, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that Relish, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App. You agree that Relish, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App.
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
11. Copyright Infringement Notices
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Services in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice to email@example.com. We have a policy of terminating Services usage privileges of users who are infringers of intellectual property rights.
If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Services infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"). All notices of infringement should be sent to the Designated Agent of Relish identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Website, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notices of infringement should be directed to the following Designated Agent of Relish:
Attn: Copyright Agent
1900 M Street NW
Or e-mail: DMCA@zwillgen.com
We have a policy of terminating Services usage privileges of users who are infringers of intellectual property rights.
If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Services is infringing upon a copyright, you may be held liable for damages and attorneys’ fees. If you believe that your content, information, or communication has been removed from the Services due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.
You can terminate your use of the Services at any time by ceasing further use of the Services, but any unpaid amounts you owe to Relish for Services purchased will remain due. At our sole discretion, we may modify or discontinue the Services, create usage limits for the Services, or deny, suspend or terminate your access to, the Services, at any time and for any reason. In the event that we suspend or terminate your access to and/or use of the Services, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination and unpaid amounts you owe to Relish for Services purchased will remain due.
13. Linking Policies
You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Services, your submissions to the Services, or any violation of these Terms, applicable law, or the rights another, by you or by someone accessing the Services via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and the termination of your use of the Services.
15. Jurisdictional Issues
We control and operate the Services from our facilities in the United States of America and, unless otherwise specified, the materials displayed on the Services are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions and protectorates. We do not represent that materials on the Services are appropriate or available for use in other locations. If you choose to access the Services from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
16. Applicable Law
These Terms, and the relationship between you and us, will be governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of law.
17. BINDING ARBITRATION
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH RELISH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Other than those matters described under ‘Exclusions from Arbitration’ below, you and we agree that all disputes, claims, or controversies arising out of or relating in any way to these Terms (including the validity, enforceability or scope of this Section), the Services or any content or services thereon (each, a "Dispute"), that cannot be resolved through negotiation in accordance with the ‘Notice of Dispute; Informal Dispute Resolution clause below, shall be settled by final binding arbitration, in accordance with the terms of this Section and to the extent permitted by law. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You agree that the U.S. Federal Arbitration Act applies to this agreement.
a. Exclusions from Arbitration
You and we agree that any claim filed by either party in small claims court is not subject to the arbitration terms contained in this Section. You and we also agree that disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Services shall not be subject to arbitration, and the notice and good faith negotiation required by this Arbitration Agreement shall not apply to these types of disputes.
b. Right to Opt Out
If you do not wish to be bound by the provisions of this Arbitration Agreement, you must notify us in writing within 30 days of the date that you accept these Terms. Your written notification must be mailed to HelloRelish Ltd., 100 Mamaroneck Ave, Mamaroneck, NY, 10601, by certified mail return receipt requested and must include: (1) your name, (2) your address, (3) your account information, if you have one, and (4) a clear statement that you do not wish to resolve disputes with us through arbitration. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
c. Notice of Dispute; Informal Dispute Resolution
If you have a dispute with us, you must send written notice to our legal department at the address above to give us the opportunity to resolve the dispute informally through negotiation.
You agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute. If we do not resolve your Dispute within sixty (60) days from receipt of notice of the Dispute, either party may pursue a claim in arbitration pursuant to the terms of this Section.
d.Initiation of Arbitration Proceeding
If you or we have a Dispute with such party elects to resolve through arbitration, the party initiating the arbitration proceeding shall initiate it with the American Arbitration Association ("AAA") under its rules and procedures, as modified by this Section. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: HelloRelish Ltd., 100 Mamaroneck Ave, Mamaroneck, NY, 10601. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum. If there is a conflict between the AAA rules (or the rules of the alternative arbitral forum selected by the parties) and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Relish will pay the additional cost. Relish shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Relish is specifically required to pay such fees under applicable law.
If Relish’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the AAA Rules, solely based on documents submitted to the arbitrator.
You and we agree to treat the arbitration proceedings and any related discovery confidential.
e. Location of Arbitration
The arbitration proceedings shall be held in New York County, New York, unless you can demonstrate that arbitration in New York County would create an undue burden to you. If you can demonstrate that arbitration in New York County would create an undue burden to you, we may allow you to initiate the arbitration in your home state.
f. Authority of Arbitrator
The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Relish. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. 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 arbitral forum's rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. 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 us.
g. Waiver of Jury Trial
YOU AND RELISH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Relish are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
h. Parents, Subsidiaries, Affiliates
This Arbitration Agreement will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Relish, or any employee, officer, director, or investor of Relish, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to this Agreement (such as with respect to their validity or enforceability), the Services, any person’s access to and/or use of the Services, and/or the provision of content, products, services, and/or technology on or through the Services.
i. Changes to This Section
Relish will provide thirty (30) days' notice of any changes to this section by posting on the Relish website or app, sending you a message, or otherwise notifying you when you are logged into your Account. Amendments will become effective thirty (30) days after they are posted on Relish’ websites or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Website.
Subject to Section 18, if any clause within this Section is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect.
k. Survival of Agreement
This Section shall survive any termination of the provision of the associated services to you.
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we specifically agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Services Users.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in the United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then in a New York state court sitting in the borough of Manhattan, City of New York.
If any clause within this Class Action Waiver Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
This Class Action Waiver Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Relish, or any employee, officer, director, or investor of Relish, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute.
This Class Action Waiver section shall survive any termination of your account or the Services.
19. DISCLAIMER OF WARRANTIES
THE SERVICES AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE PROVIDED FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. WE PROVIDE THE SERVICES, ITS CONTENT AND ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SAMPLE DOCUMENT PROVIDED, DISPLAYED OR GENERATED BY RELISH, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT: THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME; THE SERVICES WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS; THE INFORMATION ON THE SERVICES WILL BE ACCURATE OR UP-TO-DATE; THE SERVICES OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS; INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE SITE WILL REMAIN RETRIEVABLE AND UNCORRUPTED; OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
THE SERVICES AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE NOT INTENDED TO, AND DO NOT, CONSTITUTE MEDICAL OR HEALTHCARE ADVICE OR DIAGNOSIS, AND MAY NOT BE USED FOR SUCH PURPOSES. YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROVIDER ABOUT YOUR SPECIFIC CIRCUMSTANCES, INCLUDING BEFORE STARTING ANY TREATMENT, MEDICAL OR OTHERWISE.
IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON THE SERVICES, OR FROM ANOTHER USER ON THE SERVICES, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SERVICES, AND ANY OF THEIR EMPLOYEES AND AGENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR ANY OF OUR SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SERVICES), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SERVICES, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SERVICES, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SERVICES FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. IF YOU ARE A RESIDENT OF NEW JERSEY, THIS SECTION DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT’S “ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS.” SIMILARLY, THIS SECTION DOES NOT LIMIT RELISH’S TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM RELISH’s OWN INTENTIONAL OR RECKLESS CONDUCT.
21. General Provisions
Electronic Communications. You consent to receive communications from us in an electronic form and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Entire Agreement. These Terms and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Services, constitute the entire agreement between us and you with respect to the Services.
Assignment. This agreement is personal to you and you may not assign it to anyone.
Third Party Beneficiaries. You and Relish agree there are no third party beneficiaries intended under these Terms.
Exclusive Venue. Any claim or dispute between you and Relish that arises out of or is related to the Services and is not subject to arbitration shall be decided exclusively by a court of competent jurisdiction only in the United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then only in a New York state court sitting in the borough of Manhattan, City of New York. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in these courts.
Statute of Limitations. You agree that regardless of any law to the contrary (including any relevant statutes of limitation), any claim or cause of action that you may have arising out of or related to use of the Services , or these Terms, must be filed by you within one year after such claim or cause of action accrued or be permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Waiver. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by both you and Relish to be legally binding.
Severability. Subject to Sections 17 and 18, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions reflected in such provision, and the other provisions of these Terms will remain in full force and effect.
22. How to Contact Us If you have any questions, complaints or claims with respect to the Services, please contact us at firstname.lastname@example.org.
Last Updated: 24th January, 2019.