Terms and Conditions

These Terms & Conditions apply to the DishQuo Mobile Application and Website (collectively, the “Services”). As used in these Terms & Conditions, “DishQuo”, “our” “us”, or “we” refers to DishQuo, INC, a Delaware C Corporation and its subsidiaries and affiliates.

This User Agreement (“Agreement”) constitutes a legal agreement between you, an individual, (“Subscriber” “You” “Your” or “User”) and DishQuo (“DishQuo”), which offers The DishQuo Meal Subscription Service Plan (the “Plan”) through the Services to help educate our subscribers on the science of insulin stimulation from ingesting food. Third Party Sellers, including Meal Preparation Vendors and Third Party Food Delivery Services including Grocery Delivery Vendors and Users using our Services are all referred to in these Terms collectively as “Users,” “You” or “Your.”The Plan also provides separate information regarding how these same stimulus relate to insulin resistant humans who may or may not have type 2 diabetes. The Plan enables Subscribers to purchase ingredients to make recipes which are delivered to Subscribers.

YOUR USE OF THE SERVICES IS GOVERNED BY THESE TERMS & CONDITIONS AND OUR PRIVACY POLICY BY ACCESSING OR OTHERWISE USING THE SERVICES, YOU AGREE TO THESE TERMS & CONDITIONS IN THEIR ENTIRETY. Any person or entity who interacts with the Services through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is deemed to be using the Services and bound by these Terms & Conditions. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using all or any part of the Services.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS.

HEALTHCARE INFORMATION

IF THE SERVICES INCLUDE HEALTHCARE OR NUTRITIONAL INFORMATION, THAT INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT,

NOR AS A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.THE SERVICES, WEBSITE, FOOD PRODUCTS AND INGREDIENTS OFFERED THEREIN SHOULD NOT BE USED BY INSULIN DEPENDENT DIABETICS. The Services also offer weight loss and weight management information and applications, fitness information and activities and mindset information and activities together, along with the recipes and content published over the Internet and is intended only to assist users in their personal wellness journeys (collectively, the “Content”). Both the Content, The Plan and all recipes offered by DishQuo or third parties through the Services are not medically-supervised or medically approved. You should seek the advice of a physician or dietary consultant before starting any dietary program or making any recipes or eating any foods or meals mentioned or referred in the Content to ensure they are suitable for your specific dietary and health needs. DishQuo does not suggest or represent that any of the Content, the Plan or foods, recipes or meals mentioned in the Content or offered by any third parties through the Services have been approved for your individual use by a physician or other medical professionals. In addition, DishQuo does not guarantee the accuracy, completeness, or usefulness of the Content, the Plan or any nutritional information of any subscription plan or adopt, endorse, or accept responsibility for the accuracy, completeness or usefulness of any nutritional information regarding any subscription plan.DishQuo and its affiliates are not a medical organization and our staff cannot give you medical advice or diagnosis. DishQuo is not providing or offering medical advice; you are strongly encouraged and advised to consult with a medical professional before making significant changes in your diet, activity, exercise regimen and lifestyle based upon Our Content, Recipes, The Plan, any Materials, Third Party Content and User Content and anything contained in the Services.Nothing contained in the Services should be construed as professional medical advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen or undertaking any fitness activities or exercise routines or making any recipes referred to in the Content. The Website and the Services are intended for use only by healthy adult individuals. The Website and Services are not intended for use by minors or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss regimen, fitness activities or exercise routines or eating foods prepared from the recipes in the Content or viewed in any videos/content offered on the Services. You agree that DishQuo and its affiliates shall not be liable for any damages arising from personal injuries (including death)sustained as a result of your participation in any DishQuo plan or fitness activities offered through the Website and Services.

We also urge you to get periodic medical checkups. Weight loss can create physical changes that should be medically monitored. Weight loss is not advised for people with a BMI below the healthy range. Medical monitoring is especially important for people with a known medical condition. The plan encourages a healthier pattern of eating and the development of healthy lifestyle habits, however it is not intended to treat any illness or disease.
If you are being treated for a medical condition, taking prescription medication, or following a therapeutic diet to treat a disease, it’s especially important to show the plan and any recipes offered in the Content to your healthcare provider. Any modifications made to the plan by your healthcare provider should be followed.

Weight Loss and Health Claims

DishQuo provides information regarding its content, meal plan and food products and ingredients offered by third parties for informational purposes only. Any weight loss and health results mentioned on the Services, whether by DishQuo or others, are not guaranteed. Your results may vary considerably from those described through the Services. You expressly acknowledge that DishQuo does not make any express or implied claims or guarantees that you will achieve or maintain any specific results through your use of DishQuo’s Meal Plans. DishQuo does not refund any payments or agree to cancel your participation in a subscription plan based on your failure to achieve your desired results.

THE MEAL SUBSCRIPTION SERVICE

Client Goals. The Meal Plan (the “Plan” or “Plans”) as presently constructed allows Subscribers under the direction and supervision of their medical physician to pick, at their own discretion, a goal (“goals”) for the meal plan. The 3 “goals” they can pick from are:

(i) “Healthy Weight Loss”;
(ii) “Healthy Lifestyle”; or
(iii) “Diabetes Friendly Meal Plan”.

Each of these goals includes specific daily macronutrients that are made up by specific recipes to support that goal by that incorporating the DishQuo system for creating: (a) lower glucose and insulin levels from ingested food; and (b) having separate macronutrient logics to create a customized pre-populated daily and week plan of recipes designed around your specific goals and circumstance. These macronutrient logics often help in the attainment of each goal. You should first consult a medical physician before choosing any of the goals suggested in any of the meal plans. You should also consult a medical physician before consuming any of the food products or ingredients suggested by any of the meal plans.

The DishQuo Meal Plan represents a journey to help achieve goals as it pertains to losing weight, getting fit and staying healthy
The DishQuo Meal Plan allows you to select your favorite cuisine categories (Mediterranean, Italian, Asian, American, Tex Mex). These are all options that are built out already and are subject to additions, removals or changes at any time. It also gives
Subscribers options to avoid certain foods (this includes picking vegan, vegetarian, pescatarian, flexitarian and “no specific preference”, as well as, avoiding nuts, eggs, gluten, fish, shellfish, pork, dairy, red meat, soy and others)
Providing subscribers options to include certain foods (this includes picking vegan, vegetarian, pescatarian, flexitarian and “no specific preference”as well as avoiding nuts, eggs, gluten, fish, shellfish, pork, dairy, red meat or soy)
Allowing subscribers to view nutrition facts of each dish
Allow subscribers to view ingredients to create each dish
You will need to establish your own specific DishQuo Meal Plan based on your Goals as discussed above and facts about you such as: your DOB (Age), weight, height, gender. Also, your fitness level – beginner, intermediate, or advanced.
Asking subscribers questions to determine total energy expenditure (TEE) and basal metabolic rate (BMR) to determine daily calories that should be consumed using the
Mifflin equation.
Using answers to questions we ask to subscribers the Services populates a meal plan as it pertains to the science of DishQuo meal plan.
- Allow subscribers to favorite meals and save for later use
- Allow subscribers to move meals to different days or choose a different meal from our catalog.
- Provide subscribers the ability to create a weekly shopping list to send to third-party grocers or grocery delivery services for pickup or delivery.
- Providing service of connecting users with third party sellers and third party food delivery services for purchasing food products, groceries and ingredients and
  scheduling deliveries and pick up windows
- Provide subscribers with a plan to change servings up to up to 10 servings.
- Provide subscribers with a choice of different metrics to track. (A1C, fasted blood sugar, lbs., body fat % , waist size)
The DishQuo Meal Plan allows Subscribers:
- to track THEIR weight , waist size BY DATE and take a photo
Bonus Achievement Points. Subscribers can earn points for the following:
- Every Logged Meal = +5 pts
- Share Progress via Social Media [Weekly] = +20 pts
- Log Measurement Progress [Weekly] (Weight and Waist Size) = +20 pts
- Consecutive Streaks [every 20 consecutive meal logs] = +20 pts
- Milestones Reached = +10 pts
  - 4 Meals per day:
    - 4 total logged meals in 1 day = +10 pts plus badge
    - 8 total logged meals in 2 consecutive days = +10 pts plus badge
    - 12 total logged meals in 3 consecutive days = +10 pts plus badge
    - 20 total logged meals in 5 consecutive days = +10 pts plus badge
    - 25 total logged meals in 7 consecutive days = +10 pts plus badge
    - 33 total logged meals in 9 consecutive days = +10 pts plus badge
    - 41 total logged meals in 11 consecutive days = +10 pts plus badge
    - 53 total logged meals in 14 consecutive days = +10 pts plus badge
    - 65 total logged meals in 17 consecutive days = +10 pts plus badge
    - 77 total logged meals in 20 consecutive days = +10 pts plus badge
    - 100 total logged meals in 25 consecutive days = +10 pts plus badge
    - Every 12th meal after 100th = +10 pts plus badge

Challenge(s) completed = Bonus pts

Each challenge will have its own rules and points that can be earned which
will be described when clicking on the challenge.
Subscribers to join challenges and earn points based on meals marked as completed
Points will only be earned after completing the challenge.
Meals Completed
- 30-day Challenge
  - 100% meals logged = +1000 pts
  - 83% to 99% meals logged = +500 pts
  - 42% to 82% meals logged = +250 pts
- 90-day Challenge
  - 100% meals logged = +3000 pts
  - 83% to 99% meals logged = +1500 pts
  - 42% to 82% meals logged = +750 pts

Regular streaks and milestones still EARN points even within CHALLENGES
The DishQuo Meal Plan allows subscribers to earn points based on meals marked completed.
Points Expectation
- 1 Point = 0.1 Cents
- 1000 Point = 1 USD
- Maximum points per month:
  - Perfect 30 Day Challenge = 1000
  - Perfect Meals Logged = 5 * 120 = 600
  - ALL Milestones Reached = 10 * 12 = 120
  - ALL Streak Reached = 20 * 6 = 120
  - SHARED EVERY WEEK = 20 * 4 = 80
  - Logged Progress EVERY WEEK = 20 * 4 = 80

Subscribers can redeem points earned for a gift card of their choice (limited to TangoCard options) with denominations ranging from $5-$500 based on the amounts offered by
the individual gift card provider.
Subscribers can earn points from logging meals as completed and staying consistent.
These are known as streaks or milestones.

ONLINE ORDERING

If you place an order through the Services for delivery of food ingredients or products (“Goods”or “Products”) through a grocery store or Meal Preparation Vendor or grocery delivery service (“Third Party Seller”) such as Instacart, you are responsible for ensuring that your order is correct and you have designated the proper store for pick-up or address for delivery. You may only place orders if you are at least 18 years old. You hereby authorize the purchase of those goods from the Third Party Sellers you select and, if you have selected delivery Services, the delivery of those goods by a Third Party Seller. Unless otherwise specified, you acknowledge and agree that Third Party Sellers are collectively acting as your agents in the ordering, picking, packing, and/or delivery of goods purchased by you. DishQuo is not the seller of the goods to you. You agree that your purchase of goods is being made from the Third Party Seller you have selected and fulfilled by Instacart, that the Third Party Seller is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable Third Party Seller’s store. You agree that the applicable Third Party Seller and/or companies such as Instacart, will obtain a credit card authorization for your credit card at checkout from you to cover the cost of the goods you have purchased from the Third Party Seller and your card will be charged for the goods purchased by you and any applicable fees, taxes and/or tips. You agree that DishQuo will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person suffers related to the transactions you enter into with either Third Party Sellers or Third Party Food Delivery Services. DishQuo may change the fees it charges for the Services at any time. Third Party Sellers might also change the fees they charge or the prices they charge for goods they sell via the Services. And, some Third Party Sellers may set prices for goods that are different from in-store prices. Before ordering or receiving Products from any Third Party Sellers through the Platform, you are responsible for making your own determination of whether the Products are suitable for your use. We can’t and won’t be responsible for making sure that any goods or Food Products meet a certain standard of quality. We also can’t and won’t be responsible for ensuring that information (including Food Product descriptions) provided by Third Party Sellers are accurate or up-to-date. We don’t control the actions of any Third Party Seller, Retailer or Contractor or Delivery Service and any issues or complaints you have with any food products or ingredients purchased or delivered should be addressed directly by you to all such third parties.

Pre-Authorization

If you are paying for goods, products and ingredients by credit card, you need to be aware that a third party seller, a company such as Instacart or third party food delivery service may pre-authorize your credit card to verify availability of funds. In either case, if the order is modified prior to pick-up or delivery, any overage may be charged to your credit card. You also need to be aware that some third party sellers offer subscription plans to purchase goods, food products and ingredients and that the service fees and costs charged by some third party sellers related to their subscription plans might be higher than the fees and costs they charge for a purchase not made on a subscription plan.

Payment

When you register for a Plan, you agree that DishQuo or its third party payment processor is authorized to charge you for your quarterly or yearly subscription meal plan, in advance, plus any taxes or other applicable charges, for as long as your subscription plan continues. All plans are continuous subscription plans and your subscription plan will continue until you cancel it or we suspend or cancel your account. DishQuo shall also receive payment from Google or Apple if you use those methods of payment to subscribe to the Plan.

Prices/Our Fees

All prices for Plans shown on the Services are subject to change at any time without notice. The price available through the Services reflects the price available at the current time, in your current market area, and supersedes any and all prior prices for any product or plan. We may offer promotional pricing, frequency discounts, incentive pricing, loyalty discounts and other alternative pricing structures for some or all of our subscription plans to some or all of our customers from time to time at our discretion. We reserve the right to discontinue, modify or extend such pricing at our discretion without prior notice to you.DishQuo’s current fee schedule for subscriptions for the DishQuo Meal Plans are available on the App or on the Website at: www.dishquo.com which are incorporated herein by reference (the “Fee Schedule”). All fees and dollar amounts are stated in the lawful money of the United States of America unless otherwise noted. All fees are prepaid. Our fees, including the full monthly fee for any month (or portion thereof) elapsed (regardless of whether you logged into the App during that month), and any sign-up or registration fee, are non refundable except as set forth below: (1) Google and Apple Play have their own cancellation policies and we comply with their policies. Cancellations should be addressed with Apple and Google and their decision is final. In addition, in certain states you may have additional rights with respect to cancellation. (2) If we terminate your membership (as opposed to you canceling your membership), other than due to your violation of this Agreement, prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee, we will refund any unused portion of such period on a pro rata basis. (3) If you cancel your membership and are entitled to any refund, we reserve the right to charge a fee to cover the cost to us of any administrative or other App you may have used prior to your cancellation, to the extent permitted by law. You will be responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) you selected at the time of subscription. Applicable taxes, and other charges and fees incurred in order to access the Plans may also apply.To cancel or suspend your meal subscription plan, choose the options provided in the Services, or contact DishQuo at support@dishquo.com. You are responsible for any food products or ingredients ordered prior to the cancellation or suspension of your subscription plan. You acknowledge that, even after you have canceled your subscription plan, or while your subscription plan is suspended, DishQuo may send you marketing and other promotional materials unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

Fees/Commissions Derived From Instacart and Similar Companies

Be advised that DishQuo shall receive commissions earned as an affiliate of Instacart and similar companies. For example, if you have never ordered from Instacart before, DishQuo will receive a commission based on your use of Instacart through the Services.

Modifications

We reserve the right to revise the terms of the fee charge, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website and/or Mobile App or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). Any changes made will apply to all memberships created or renewed after the date such change was implemented.

Refunds

If you are a subscriber and you cancel your subscription, be advised that third party sellers have no obligation to refund any amount paid prior to the time of cancellation. You are directed to review the terms and conditions offered by any third party seller that sells goods, food products and ingredients through the Services. Be advised that canceling your subscription with DishQuo will not cancel any subscription you might have signed up for with any third party sellers on the Services.

Cancellation of an Order

With regard to the issuance of a refund if you cancel an Order you are subject to the terms of the third party seller that sold you the goods, food products and ingredients.

Third Party Delivery Service

You acknowledge that we use third party delivery services (collectively, the “Third Party Delivery Services”), to deliver your order. When you place your order with us or through a Third Party Seller advertising on the Services, we, or the Third Party Seller will provide your name, address, contact information, including phone number, and information regarding your order to the Delivery Service so that they may deliver your order to you. In addition, we, or the Third Party Seller may provide other information to the Delivery Service, such as information regarding comments, reviews or ratings we receive from you regarding the Delivery Service to help improve the quality of their service.

Delivery Policy

We have no control over the process of delivering your food products to you by the Third Party Delivery Service. Delivery is subject to availability and Instacart’s Terms apply: https://www.instacart.com/terms. You understand and agree that a Third Party Delivery Service reserves the right not to deliver food products: outside its designated delivery times; outside its delivery zone; in inclement weather or dangerous driving conditions; to minors; to customers in public establishments; or in those instances in which it believes its delivery would conflict with, compromise or affect its business. If your order is not able to be delivered because you provided an inaccurate address, you need to be aware that a third party seller might charge you for your order, even if the food delivery service is not able to deliver your order. If you request that your order be left at your door or another location, you may be charged, and we will have no further liability for loss of product, spoilage, theft, infestation or damage caused by others, for any delivery left in the specified location. For any issues or complaints you have with any third party sellers or delivery services you need to contact such companies directly or view their terms contained on their websites or apps.

Shipping & Handling

You agree to pay any third-party shipping and handling charges shown at the time you place an order for goods, food products or ingredients. Be advised that third party sellers and third party delivery services reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time. Generally, shipping is handled by a third party courier. When you purchase food products or ingredients from third party sellers using Services, any shipping times shown are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, food products or ingredients for export.DishQuo is not responsible or liable for your purchase and delivery of any food products or ingredients purchased through third party sellers via the Services and you are solely responsible for accepting or not accepting delivery of any food products or ingredients and for the proper and safe preparation, storage and cooking of the meals listed in the ingredients. By ordering any food products or ingredients, you agree to use the food products or ingredients at your own risk.

Deliveries and Food Safety

You are responsible for inspecting all food products or ingredients for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the food products or ingredients you receive. If you have any reason to believe that any item in your

delivery or purchase is not suitable for consumption, please contact the seller of such goods, food products and ingredients directly and discard the item. To maintain the quality and integrity of our meals, we recommend that you immediately refrigerate all perishable items upon delivery or purchase and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety. We also recommend that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups.We do not vet any third party food manufacturers or grocery stores to make sure that production facilities actively store, portion, and distribute ingredients that contain seven (7) major food allergens determined by the U.S. Food and Drug Administration (“FDA”) (milk, egg, soy, fish,shellfish, peanuts and tree nuts). We do not vet any third party food manufacturers or grocery stores to make sure that precautions have been put in place to reduce the risk of cross-contamination between ingredients and food products. Cross-contamination may unintentionally occur during production and transit which may cause food products, ingredients or other products offered in connection with the Services to contain some or all of those allergens. If you suspect that you have an allergic reaction or other adverse health event, immediately contact your health care provider. In addition, due to the variable nature of ingredient availability, nutritional information provided by DishQuo may differ from the nutritional information published.

Third Party Information Providers and Merchants

In certain cases, DishQuo may permit you to order and receive products, information and services from third parties that are not owned or operated by DishQuo. In such instances, DishQuo acts only as the affiliate for such third party sellers/grocery stores. The purchase,payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services and/or information ordered or received from such third parties are covered by their respective customer agreements and policies and are matters that should be addressed solely between you and such third parties. DishQuo makes no representations or warranties of any kind, express or implied, regarding the merchandise, services and/or information received from such third parties and the fact that DishQuo makes such products, information, and services available to you should not be construed as an endorsement of the third parties and/or the products, services, and information that they provide. You agree that DishQuo shall have no obligation and incur no liability to you in connection with any products, information and/or services from third parties that are not owned or operated by DishQuo.

Cancellation, Skipping, Rescheduling or Editing Orders

If you need to cancel, skip, reschedule or edit an Order please contact the seller of such goods, food products and ingredients directly.

Referral Program

If you refer a friend via your referral link after your trial period and your friend signs up for a DishQuo meal plan, then: you’ll receive 10,000 points (equal to $10) after your friend creates an account with us, goes through the free trial and commits to a subscription. This code is only valid for a total of three referrals, for up to 30,000 points (equal to $30). Additional referrals beyond three, will not result in additional points. Plans initiated under a free month are still continuous subscription plans and your subscription plan will continue until you cancel it or we suspend or cancel your account. Your refer-a-friend link is for your own personal use only and it may not be (i) provided to any other person for their use in referring a friend to DishQuo, (ii) uploaded to any third party site, including without limitation a coupon site or other site of general accessibility, or (iii) generally distributed to third parties in any other manner. Any violation of this provision will result in the immediate cancellation of your referral link and closing of your DishQuo account, including loss of any funds previously accessible in such account. DishQuo reserves the right to place a limit on the amount of free months credited to your account, and to change that limit from time to time in its sole discretion.

PROPRIETARY RIGHTS

All right, title and interest in the Services, including all copyrights, patents, trade secrets, trade dress, Intellectual Property and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to DishQuo or its licensors. Nothing in these Terms & Conditions or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part.

CONTENT

All content included on the Services, such as recipes, meal planners, guides, shopping lists, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material (collectively “Content”) is owned or licensed property of DishQuo or its licensors and is protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and DishQuo owns a copyright in the selection, coordination, arrangement and enhancement thereof.

LIMITED LICENSE AND ACCESS

Subject to your continued compliance with the Terms & Conditions, including without limitation the timely payment of all applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to access and use our Services (whether through the Website or by downloading and installing the Mobile App, including any updates and bug fixes). Your use is limited for your personal, noncommercial use only.The Services, or any portion thereof, including all of our recipes for meals featured on the Plans may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of DishQuo. Furthermore, except for the limited rights granted in this Section, you will not (and will not encourage or assist any third party to): (i) modify, alter, tamper with, repair or otherwise create derivative works of the Services or any software or technology included in or used or distributed by DishQuo to provide the Services; or (ii) reverse engineer, disassemble or decompile the Services, or attempt to discover or recreate the source code for the Services.Downloading Mobile App. You may access the Mobile App which can be downloaded from an applications store or applications distribution platform, such as the Apple Mobile App Store or Google Play, (the “Mobile App Provider”). You acknowledge and agree that: (i) these Terms & Conditions are entered into between us, and not with the Mobile App Provider, and that we are solely responsible for the Mobile App (not the Mobile App Provider); (ii) the Mobile App Provider has no obligation to furnish any maintenance and support services with respect to the Mobile App; (iii) the Mobile App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (iv) in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms & Conditions; (v) the Mobile App Provider and its subsidiaries are third party beneficiaries of these Terms & Conditions as it relates to your license of the Mobile App, and that, upon your acceptance of these Terms & Conditions, the Mobile App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms & Conditions as related to your license of the Mobile App against you as a third party beneficiary thereof; and (vi) you must also comply with all applicable third party terms of service when using the Services.The App may use location-based services to locate you. If you choose to use the Application, you consent to DishQuo and all third party sellers and third party delivery services you enter into transactions with on the Services determining your location.

INTELLECTUAL PROPERTY

Software. You acknowledge and agree that the Services and all intellectual property rights associated therewith are, and shall remain, the property of DishQuo (and, where applicable, its licensors). Furthermore, you acknowledge and agree that the source and object code of the Website and/or Mobile App and the format, directories, queries, algorithms, structure andorganization of the Website and/or Mobile App are the intellectual property and proprietary and confidential information of DishQuo and its affiliates, licensors and suppliers. Except as expressly stated in these Terms & Conditions, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in these Terms & Conditions are hereby reserved and retained by DishQuob. Trademarks. DishQuo, DishQuo.com and the DishQuo logo (collectively, the “DishQuo Marks”) are trademarks or registered trademarks of DishQuo, Inc. Other trademarks, service marks, graphics, logos and domain names appearing on the Website, Mobile App or in other Content provided to you may be the trademarks of third-parties. Neither your use of the Services, nor these Terms & Conditions, grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the DishQuo Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the DishQuo Marks generated as a result of your use of the Services will insure to the benefit of DishQuo, INC, and you agree to assign, and hereby do assign, all such goodwill to DishQuo, Inc. You shall not at any time, nor shall you assist others to, challenge DishQuo’s right, title, or interest in or to, or the validity of, the DishQuo Marks.
Copyrighted Materials; Copyright Notice. All content and other materials available through the Services, including without limitation the DishQuo logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by DishQuo or are the property of DishQuo’s licensors and suppliers. Except as explicitly provided, neither your use of the Services nor these Terms & Conditions grant you any right, title or interest in or to any such content or materials.

UNLAWFUL OR PROHIBITED USES

The Services may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of the Services, you warrant to DishQuo that you will not use the Services for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, unless you have the express prior written consent of DishQuo, YOU MAY NOT:

Make any commercial use of the App, Services or its Content, including making any
collection or use of any product listings, descriptions, prices, or images;
download, copy, or transmit any Content for the benefit of any other merchant;
use or attempt to use any engine, software, tool, agent, data, or other device or
mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate
or search the App and Services;
frame, mirror, or use framing techniques on any part of the App and Services;
make any use of data extraction, scraping, mining, or other data gathering tools, or create
a database by systematically downloading or storing Services content, or otherwise
scrape, collect, store, or use any Content, product listings, descriptions, prices, or images,
except pursuant to the limited license granted by these Terms & Conditions;
use any meta tags or any other hidden text utilizing DishQuo’s name or trademarks;
misrepresent the identity of a user, impersonate any person or entity, falsely state or
otherwise misrepresent your affiliation with any person or entity in connection with the
Services, or express or imply that we endorse any statement you make;
use a buying agent to conduct transactions on the App or Services;
conduct fraudulent activities on the App and Services;
violate or attempt to violate the security of the App and Services, including, without
limitation:
- accessing data not intended for you or logging onto a server or an account that
  you are not authorized to access;
- trying to change the functionality of the App and Services;
- attempting to probe, scan, or test the vulnerability of a system or network, or to
  breach security or authentication measures;
- attempting to interfere with service to any user, host, or network, including,
  without limitation, via means of submitting malware to the Services, overloading,
  “flooding,” “spamming,” “mailbombing”, or “crashing”;
- forging any header or any part of the header information in any e-mail or posting;
  or
- forging communications on behalf of the Services (impersonating the Services) or
  to the Services (impersonating another user);
send unsolicited or unauthorized email on behalf of DishQuo, including promotions
and/or advertising of products or services;
tamper with the Services or use or attempt to use any device, software, routine, or data
that interferes or attempts to interfere with the working or functionality of the Services or
any activity being conducted on the Services;
use the Services to defame, abuse, harass, stalk, threaten, or otherwise violate the legal
rights of others, including others’ privacy rights or rights of publicity;
harvest or collect personally identifiable information about other users of the Services;
restrict or inhibit any other person from using the Services (including, without limitation,
by hacking or defacing any portion of the Services);
use the Services to advertise or offer to sell or buy (other than from DishQuo) any goods
or services;
reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes
any portion of, use of, or access to the Services;
modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the
Services; or
remove any copyright, trademark, or other proprietary rights notice from the Services or
materials originating from the Services.

YOUR ACCOUNT

You may be required to register with DishQuo in order to access certain services or areas of the Services. Your password is for your personal use only. If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to DishQuo including those set forth in these Terms & Conditions, DishQuo reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

ACCOUNT SUSPENSION OR TERMINATION AND REMOVAL OR DELETION OF USER DATA/CONTENT

We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your DishQuo Account or your use of the Services and to block or prevent future access to and use of the Services (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Services will cease.If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Services or your User Content or receive assistance from DishQuo support teams; and (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, cancelled, or otherwise penalized in any way, and why this action has been taken. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any User Content you have posted to the Services, including, but not limited to, any reviews.You agree that we shall not be liable to you or any third party for any termination of your access to the Services. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, and all representations and warranties, all limitations of liability, and all indemnities, shall survive such termination. We can remove any User Content or information you upload, post or share on the Services if we believe that it violates these Terms of Use,or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Services to you (including terminating ordisabling your access to the Services) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies if you repeatedly infringe other people’s intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Services, remove or block content, User Content or information posted or shared on our Services, or stop providing all or part of the Services if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, contact us at support@dishquo.com. When you request to delete content or your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the User Content is no longer visible to other users, but remains subject to these Terms of Use and Privacy Policy. After the User Content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.

PUSH NOTIFICATIONS

If the App or Services includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile device. These notifications may include information regarding your order, such as a confirmation of our receipt of your order, the status of the delivery, or a notice that your order has been delayed or cancelled. The notifications may be in the form of badge, alert or pop-up messages, and may be delivered to your device even when the Services is running in the background. You have the ability, and it is your responsibility, to control the notifications you do, or do not, receive through your device.

MODIFICATION

DishQuo may at any time: (i) modify or discontinue any part of the App and Services; or (ii) offer opportunities to some or all App and Services users. DishQuo reserves the right to make changes to these Terms & Conditions at any time. Each time you use the App and Services, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the “LAST UPDATED” legend at the bottom of these Terms & Conditions. Your continued use of the Services will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the Services will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.

USER REVIEWS, COMMENTS, ANSWERS TO QUESTIONS AND SUBMISSIONS

If the Services allows you to submit reviews, submit answers to questions sent to you by DishQuo, comments, and other communications, photos, videos, or any other content (“User Content”) through or to the Services, DishQuo welcomes such User Content as long as the User Content submitted by you complies with these Terms & Conditions.You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and DishQuo assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party including, without limitation, a Deliver Service.For any User Content you submit, you grant to DishQuo a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to DishQuo the right, without any obligation, to include the name provided along with the User Content submitted by you. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory. You may use someone else’s works under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the content you post or share while using the Services. You can’t modify, translate, create derivative works of, or reverse engineer our products or their components. You can’t use a domain name or URL in your username without our prior written consent.You also grant Us Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on our Services, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on the Services. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings.

Additional Rights We Retain

If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user). If you use content covered by intellectual property rights that we have and make available in our Services (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).You can only use our intellectual property and trademarks or similar marks as expressly permitted herein or with our prior written permission.You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us. Content is also provided by third party visitors to the Services. Please note that visitors to the Services may post content that is inaccurate, misleading, or deceptive. DishQuo neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. DishQuo will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of DishQuo.

DMCA NOTICE – NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

DishQuo’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Services can be identified and removed using the process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be Serviceslicable.If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide DishQuo’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying DishQuo that your copyrighted material has been infringed. DishQuo does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, DishQuo will respond by either taking down the allegedly infringing content or blocking access to it. DishQuo may contact the notice provider to request additional information. Under the DMCA, DishQuo is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send DishQuo a counter-notification. Notices and counter-notices are legal notices distinct from regular Services activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.A DMCA notice must:

Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that Servicesears at [list location where
material is located].”);
Identify the material that a copyright owner claims is infringing upon copyrighted work.
The copyright owner must provide information reasonably sufficient to enable us to
locate the item on the Services. The copyright owner should provide clear screenshots of
the allegedly infringing materials for identification purposes only. The information
provided should be as detailed as possible;
Provide information sufficient to permit us to contact the copyright owner directly: name,
street address, telephone number, and email (if available);
If available, provide information sufficient to permit us to notify the Alleged Infringer
(email address preferred);
Include the following statement: “I have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law”;
Include the following statement: “I swear, under penalty of perjury, that the information
in the notification is accurate and that I am the copyright owner or am authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed”;
Be signed; and
Be sent to our DMCA designated agent at the following address:

DMCA Designated Agent:
Legal Department
111 Town Square Place
Suite #1203
Jersey City, NJ 07310

LINKS TO THIRD PARTIES

The Services may contain links and interactive functionality interacting with third parties, including social media applications and product manufacturers’ applications. DishQuo is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such application. Before enabling any sharing functions of the Services to communicate with any such Serviceslication or otherwise visiting any such application, DishQuo strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third party application. The links and interactive functionality for third party applications on the Services do not constitute an endorsement by DishQuo of such third party application. Other applications may link to the Services with or without our authorization, and we may block any links to or from the applications, in our sole discretion. YOUR USE OF THIRD PARTY APPLICATIONS AND RESOURCES IS AT YOUR OWN RISK.

DATA PROTECTION / PRIVACY POLICY

General

DishQuo recognizes that the protection of privacy is a major concern to many of our customers and wants you to know how we acquire personal information through the Services and how we use, share and protect that information. By using this Services, you are consenting to the information collection, use and disclosure practices described below.Types of Information Gathered We may gather personal information (i) that you give to us voluntarily while using the Services (ii) when you purchase, order, return, exchange or request information about our products and services while using the Services; (iii) when you participate in interactive features of the Services(iv) when you sign up for our e-mails, mobile messages, or social media notifications as described in the section titled “Social Media Notification” below; (v) when you enter a contest or sweepstakes, respond to one of our surveys, or participate in a focus group as described in more detail under the section titled “Surveys and Polls” below; or (vi) when you provide us with comments, suggestions, or other input. Registration We may gather personal In order for you to receive certain benefits of our Services, we may collect personal information about you that is not publicly available and can identify you, such as your name, mailing address, email address and phone number, birth date, and dietary restrictions. We want to supply you with information that benefits you and the more relevant information we have about you, the better we are able to do this.We distribute an electronic newsletter, personalized content, notifications and recommendations and may launch additional products in the future. When you subscribe to our service, you will be asked for certain information so that we can customize the information you receive to suit your needs. Upon registering for our service, you will be asked for your name, email address, zip code, and other information specified in the enrollment process. You may be asked to tell us a little about your dietary restrictions, and other questions of this nature. This information is used to deliver personalized information that we believe will be of interest to you. The more of this information you choose to share with us, the better we can craft information specifically for you.

Social Media Notification

To enable our push notification and other mobile communication services, we may collect and store device IDs to identify each unique mobile device that registers for our service, including for example, device tokens from iOS devices, Live IDs from Windows devices, and other similar identifications from devices running on other platforms. These IDs cannot be tracked back to you, but are tied to a specific device which may only be used by one person. We may collect information including location-related information, internet protocol addresses, mobile device models, carrier information, the operating system of your mobile devices and other non-personally identifiable information.

Surveys and Polls

From time to time, users of the Services may be asked to participate in voluntary surveys and polls. As a part of this process you may be asked to supply personal information such as demographic information and lifestyle preferences. These surveys will be strictly voluntary and you can choose to disclose this information or not.

Use of Information

We may use information gathered through the Services to: (i) fulfill and manage purchases, orders, payments, returns, exchanges and requests for information, including, without limitation, provide your name, address, contact information, including phone number, and information regarding your order to the Delivery Service for use in performing any of the foregoing services; (ii) deliver coupons, mobile coupons, newsletters, in-store messages, emails and mobile messages including, for example, by push notification or other mobile communications; (iii) send marketing communications and other information regarding products, services and promotions; (iv) improve the effectiveness of our Services, website, stores, mobile experience and marketing efforts; (v) conduct research and analysis, including focus groups and surveys; (vi) administer sweepstakes and contests; (vii) prevent fraudulent transactions and monitor against theft; and (viii) assist law enforcement and respond to subpoenas.

Sharing of Information

We will not sell or otherwise share personally identifying information with other people or nonaffiliated companies except for those purposes described above, or as required by law. However, we will share this information with certain business partners, including without limitation, the Delivery Services, to provide requested services that we do not provide directly.In addition, we may share aggregate data collected through the Services that does not personally identify any party with our research partner, and may from time to time share this type of data with other business partners, including the Delivery Services. Also, we may disclose specific information upon governmental request, in response to a court order, when required by law, or to protect our or others’ rights, property, or safety. We do not provide information to these agencies or companies for marketing or commercial purposes.

Information from Public Forums

Any information you submit in a blog, chat room, social network or other public forum can be read, collected, or used by us and others, including, for example, to personalize your experience on our Services. You are responsible for the information you disclose in these forums and such information is not protected under these Terms & Conditions. In addition, we may include links to third party sites through the Services. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites.

Updating Personal Information

We understand that you may want to change or access your personal information. You may do so by sending an email to info@dishquo.com requesting to opt-out. In addition, you have the ability to unsubscribe to our newsletter and promotional emails via the opt-out link in the email.

Children

Parents should always supervise their children while online. Our Services is not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children’s Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on this Services. If a child under the age of thirteen has provided us with personal information, we ask that a parent or guardian contact us at info@dishquo.com.

Security

We have attempted to take all reasonable steps to have physical, electronic and procedural safeguards in place to protect personal information gathered through this Services. This includes compliance with related federal regulations and may include use of industry-standard Secure Socket Layer (SSL) encryption to prevent any loss, misuse, unauthorized access, disclosure, or modification of personal information. Unfortunately, no data transmission can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Services, and you do so at your own risk.

Confidentiality

Each party acknowledges and agrees that in the performance of this Agreement and/or use of services pursuant to it may have access to or may be exposed to, directly or indirectly, confidential information of the other party (“Confidential Information”). Confidential Information includes DishQuo Data, User IDs, User Information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) either (x) that such party designates as being proprietary or confidential, or (y) of which the other party should reasonably know that it should be treated as confidential.Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents, service providers and personal representatives (“Permitted Persons”) as necessary to perform and/or use services pursuant to this Agreement, provided that Permitted Persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof, and provided further that the party disclosing the Confidential Information to its Permitted Persons is responsible for the conduct of such Permitted Persons; and (d) it shall return or destroy all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party(subject to applicable law and, with respect to DishQuo, its internal record-keeping requirements).Not withstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.

Representations and Warranties; Disclaimers

By You. You hereby represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder; (b) you have not entered into, and during the Term will not enter into, any agreement that would prevent you from complying with this Agreement; (c) you will comply with all applicable laws, rules and policies in your performance of this Agreement; and (d) you will not invite any non-User to participate with you in any DishQuo Services you accept hereunder.

DISCLAIMERS OF WARRANTIES

DishQuo cannot and does not represent or warrant that the Services will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.YOU ACCEPT THAT THE WEBSITE, APP, SERVICES AND ALL INFORMATION, CONTENT, USER CONTENT, RECIPES, THIRD PARTY SERVICES, THIRD PARTY LINKS, MATERIALS, PRODUCTS, SERVICES, DISHQUO MEAL PLAN, MEALS OR FOOD PRODUCTS AND INGREDIENTS OFFERED THROUGH THE SERVICES EITHER BY DISHQUO OR THROUGH THIRD PARTIES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (THE “SERVICES” OR “SERVICES CONTENTS”) ARE PROVIDED BY DISHQUO ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. DISHQUO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES CONTENTS, THE ACCURACY OR COMPLETENESS OF THE SERVICES CONTENTS, OR THAT EMAILS SENT FROM DISHQUO ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES CONTENTS IS AT YOUR SOLE RISK. DISHQUO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KINDARISING FROM YOUR USE OF THE SERVICES CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY DISHQUO IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, DISHQUO DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.DISHQUO AND ITS AFFILIATES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF THE WEBSITE, APP, SERVICES, DISHQUO DATA AND CONTENT, THIRD PARTY SELLERS AND THIRD PARTY FOOD DELIVERY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. BY USING THE WEBSITE, APP, SERVICES, DISHQUO DATAAND CONTENT, THIRD PARTY SELLERS AND THIRD PARTY FOOD DELIVERY SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO USERS OR THIRD PARTIES THAT MAY POSE HARM OR RISK TO YOU OR OTHER USERS OR THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE WEBSITE, APP, SERVICES, DISHQUO DATAAND CONTENT, THIRD PARTY SELLERS AND THIRD PARTY FOOD DELIVERY SERVICES. DISHQUO AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF YOU, OR OTHER USERS OR THIRD PARTIES.EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, DISHQUO DOES NOT REPRESENT OR WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, APP, SERVICES, DISHQUO DATAAND CONTENT, FOOD PRODUCTS, INGREDIENTS, THIRD PARTY SELLERS AND THIRD PARTY FOOD DELIVERY SERVICES.IF FOOD PRODUCTS, INGREDIENTS AND GOODS ARE PREPARED BY THIRD PARTY SELLERS AND DELIVERED BY THIRD PARTIES, SUCH AS DELIVERY SERVICES THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS OR SERVICES. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCTS OR SERVICES REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH THIRD PARTY PROVIDERS AND NOT BY DISHQUO. DISHQUO DOES NOT WARRANT THAT ANY FOOD PRODUCTS, INGREDIENTS OR GOODS YOU ORDER THROUGH THE SERVICES WILL BE ACCURATE OR CORRECT OR MEET ANY OF YOUR NEEDS.IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER FOOD PRODUCT OR GOODS INFORMATION INCLUDING HEALTH INFORMATION IS PROVIDED BY THIRD PARTY SELLERS THROUGH THE SERVICES, DISHQUO DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PRESENTED THROUGH OUR SERVICES AND YOU SHOULD CONSULT EACH FOOD PRODUCT OR INGREDIENT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY OR YOUR MEDICAL PHYSICIAN IF YOU HAVE A SPECIFIC DIETARY OR HEALTH CONCERN OR QUESTION ABOUT A FOOD PRODUCT OR INGREDIENT.THIRD PARTY NAMES, MARKS, PRODUCTS, ADVERTISEMENTS, OR SERVICES OR POP-UP TEXTS OR LINKS TO THIRD PARTY APPLICATIONS MAY APPEAR ON THE SERVICES. IN NO EVENT WILL DISHQUO BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SERVICES, ANY PRODUCTS, INGREDIENTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY APPLICATION, OR ANY LINK CONTAINED IN A LINKED APPLICATION. IF YOU DECIDE TO LINK TO ANY SUCH THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS, THIRD PARTY SELLERS AND THIRD PARTY DELIVERY SERVICES THAT USE THE DISHQUO SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DISHQUO SERVICES, INCLUDING BUT NOT LIMITED TO ANY OTHER USERS, THIRD PARTY SELLERS AND THIRD PARTY DELIVERY SERVICES. YOU UNDERSTAND THAT DISHQUO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE DISHQUO SERVICES OR TO REVIEW OR VET ANY SERVICES OFFERED BY THIRD PARTY SELLERS AND THIRD PARTY DELIVERY SERVICES. DISHQUO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE DISHQUO SERVICES, INCLUDING THIRD PARTY SELLERS AND THIRD PARTY DELIVERY SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE DISHQUO SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE DISHQUO SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DISHQUO SERVICES, INCLUDING THIRD PARTY SELLERS AND THIRD PARTY DELIVERY SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE SERVICES. DISHQUO EXPLICITLYDISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS, THIRD PARTIES OR THIRD PARTY SELLERS AND THIRD PARTY DELIVERY SERVICES USING THE DISHQUO SERVICES. No Service Guarantee. DISHQUO AND ITS AFFILIATES DO NOT GUARANTEE THE AVAILABILITY OR UPTIME OF THE WEBSITE, SERVICES, FOOD PRODUCTS, INGREDIENTS AND GOODS OFFERED BY THIRD PARTY SELLERS AND THIRD PARTY DELIVERY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, SERVICES, APP, THIRD PARTY SELLERS AND THIRD PARTY DELIVERY SERVICES MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g., DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, THE WEBSITE, APP, SERVICES, THIRD PARTY SELLERS AND THIRD PARTY DELIVERY SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATION AND YOUR DEVICE, AND DISHQUO AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.You acknowledge that DISHQUO has no control over, and no duty to take any action regarding: which users, THIRD PARTY SELLERS AND THIRD PARTY DELIVERY SERVICES gain access to or use the Services; what affects the content on or in connection with the Services may have on you; how you may interpret or use the content on or in connection with the Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Services. You release DISHQUO from all liability for you having acquired or not acquired content or information through the Services. The Services may contain, or direct you to sites containing information that some people may find offensive or inappropriate. DISHQUO makes no representations concerning any content contained in or accessed through the Services and DISHQUO will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. DISHQUO makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.11.4 If there is a dispute between you and any such third party, including a third party seller or third party food delivery service or if you are a third party seller or third party food delivery service and have a dispute with a user/subscriber you understand and agree that DISHQUO shall be under no obligation to become involved. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY OR SUBSCRIBER/USER, YOU HEREBY RELEASE DISHQUO, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUTOF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SERVICES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, AND/OR ANY SIMILAR PROVISION OF THE LAW OF ANY OTHER JURISDICTION, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

JURISDICTIONAL ISSUES

The Services is controlled and operated by DishQuo from the United States, and is not intended to subject DishQuo to the laws or jurisdiction of any state, country or territory other than that of the United States. DishQuo does not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

RELEASE

We provide information through the Services for your information and enjoyment. Your use of the Services is strictly voluntary. Because some of the information in the Services may relate to modifications to your diet, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using the Services, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk.You knowingly and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue DishQuo, its owners, officers, employees, agents, any related affiliates and/or subsidiary entities from and against any and all liabilities, damages, costs and expenses (including without limitation, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the information and materials offered by DishQuo or any third parties through the Services.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, APP, SERVICES, USER CONTENT, DISHQUO DATA AND CONTENT, FOOD PRODUCTS, INGREDIENTS, THE PLAN, THIRD PARTY SELLERS AND THIRD PARTY FOOD DELIVERY SERVICES, YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES, INCLUDING THIRD PARTY SELLERS AND THIRD PARTY FOOD DELIVERY SERVICES OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER DISHQUO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, APP, SERVICES, USER CONTENT, DISHQUO DATAAND CONTENT, FOOD PRODUCTS, INGREDIENTS, THE PLAN, THIRD PARTY SELLERS AND THIRD PARTY FOOD DELIVERY SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DISHQUO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE FOOD PRODUCTS, INGREDIENTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY, DEATH OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH USING THE WEBSITE, APP, SERVICES, USER CONTENT, DISHQUO DATAAND CONTENT, FOOD PRODUCTS, INGREDIENTS, THE PLAN, THIRD PARTY SELLERS AND THIRD PARTY FOOD DELIVERY SERVICES; (E) THE USE OF OR INABILITY TO USE THE WEBSITE, APP, SERVICES, USER CONTENT, DISHQUO DATAAND CONTENT, FOOD PRODUCTS, INGREDIENTS, THE PLAN, THIRD PARTY SELLERS AND THIRD PARTY FOOD DELIVERY SERVICES; AND (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE AND SERVICES, INCLUDING THIRD PARTY SELLERS AND THIRD PARTY FOOD DELIVERY SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE AND SERVICES.WE ARE ALSO NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER CAUSED BY A CYBERATTACK, DATA BREACH, DATA INCIDENT, RANSOMWARE ATTACK AND/OR MALWARE ATTACK WHILE USING THE SERVICESWE ARE ALSO NOT LIABLE FOR ANY DAMAGES YOU MIGHT SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OFFERED BY COMPANIES SUCH AS INSTACARTAND SIMILAR THIRD PARTY SELLERS AND THIRD PARTY DELIVERY SERVICES THAT HELP YOUR FULFILL YOUR ORDER ON THE SERVICES. WE ONLY ACT AS AN AFFILIATE OF COMPANIES SUCH AS INSTACART AND SIMILAR THIRD PARTY SELLERS AND THIRD PARTY DELIVERY SERVICES AND THE ENTIRE RISK WITH USING SUCH SERVICES IS ENTIRELY ON YOU. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND DISHQUO. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DISHQUO. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY CONTENT ON THE SERVICES, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

INDEMNIFICATION AND DEFENSE

As a condition of the use of the Website and Services, you agree to defend, indemnify, and hold harmless DishQuo and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Services, including, without limitation, any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.

NOTICES AND ELECTRONIC COMMUNICATIONS

In the case of notices DishQuo sends to you, you consent to receive notices and other communications by DishQuo including posting notices on the Services, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that DishQuo provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Services or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial oradministrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.Governing Law/Arbitration. By using Dishquo’s Website, Products, App or Services, you agree that the laws of the State of Delaware without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and DishQuo.

Disputes

ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF DISHQUO’S WEBSITE, APP AND SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN BERGEN COUNTY, NEW JERSEY EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT. CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA’S CONSUMER RULES”), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION’S WEBSITE.YOU AND DISHQUO AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.THE ARBITRATOR SHALL APPLY DELAWARE LAW, AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE COURT LOCATED IN BERGEN COUNTY, NEW JERSEY.

MISCELLANEOUS

These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and DishQuo with respect to the Services and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Services. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

CONTACT US

If you have any concerns about DishQuo or your use of the Services, please contact us at support@dishquo.com with a detailed description, and we will try to resolve it.

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