Terms of use

DISHGUIDEMASTERS TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS CONTAIN AN OBLIGATORY ARBITRATION AGREEMENT, WHICH MEANS THAT INSTEAD OF GOING TO COURT, YOU AGREE TO RESOLVE ANY CLAIM (DEFINED IN SECTION 5.3) THROUGH BINDING INDIVIDUAL ARBITRATION. IF YOU WISH TO OPT OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 5.3 EXPLAINS THE PROCEDURES YOU NEED TO FOLLOW. THE ARBITRATION AGREEMENT ALSO INCLUDES A WAIVER OF CLASS ACTION, MEANING YOU AGREE TO PURSUE ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

BY INSTALLING THE EXTENSION (AS DEFINED BELOW) AND/OR VISITING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, INCLUDING HOW WE USE YOUR INFORMATION AS DESCRIBED IN THE DISHGUIDEMASTERS PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, INCLUDING OUR USE OF YOUR INFORMATION AS DESCRIBED IN THE DISHGUIDEMASTERS PRIVACY POLICY, YOU SHOULD NOT USE THE SITE AND SHOULD NOT INSTALL THE EXTENSION. IF YOU HAVE ALREADY INSTALLED THE EXTENSION, YOU SHOULD UNINSTALL IT. PLEASE REFER TO THE "REMOVAL" SECTION IN 5.1 FOR INSTRUCTIONS.

SECTION ONE - GENERAL INFORMATION; ACCEPTANCE OF TERMS

Welcome to DishGuideMasters (also referred to as "DishGuideMasters", "we", "us", or "our" in this document). This contract is made in the name of DishGuideMasters and you. We welcome your participation in dishguidemasters.com (the "Site"). Please read these "Terms and Conditions" carefully as they serve as a contract between DishGuideMasters and you (also referred to herein as "user"). It's important that you comprehend both the advantages we offer and the conditions that govern your Site usage. All of our users should find the Site to be welcoming and fair.

Like many websites, when you visit the Site, it utilizes cookies and other tracking technologies to customize and improve your experience, making your visits more convenient and enjoyable. It is important for you to understand how we collect and use information regarding your access and usage of the Site, and this information can be found in the DishGuideMasters Privacy Policy.We recommend reading the Privacy Policy before using the Site and installing the DishGuideMasters Extension (as defined below). If you decide to uninstall the Extension, no DishGuideMasters Extension assets will remain on your computer. However, cookies from the Site and Extension need to be manually deleted from each browser (for instructions in each browser, click here for Firefox; here for Chrome; click here for Safari; and here for Internet Explorer). It's essential to note that the Privacy Policy applies to your access and usage of the Site, regardless of whether you choose to access Content (as defined below).

"Content" refers to the daily recipes, holiday and seasonal menus, food tips, videos, and more available on the Site or through the Extension. You can install the DishGuideMasters software or add-on/extension (referred to as the "Extension") from the DishGuideMasters Extension installation store. Additionally, DishGuideMasters may show promotions from third parties and include links to other websites operated by third parties (collectively known as "Third Party Content").

We utilize Third Party Content to support DishGuideMasters and provide its Content to you without charge. If you engage with a link provided through Third Party Content, participate in promotions by those third parties, make purchases from them, or interact with them and their Third Party Content in any other way, you will deal directly with the third party rather than DishGuideMasters. Thus, you acknowledge and agree that our Related Companies (defined below) nor we are responsible or liable for the availability of Third Party Content, nor do we or our Related Companies endorse the products or materials provided by such third parties. Furthermore, you acknowledge and agree that we and our Related Companies are not liable for any damage or loss resulting from or connected to your use of or reliance on any Third Party Content. Lastly, you recognize that if you access Third Party Content, their terms and conditions, as well as privacy policies, will apply to your data usage and your rights and responsibilities regarding such access. If you wish to permanently stop receiving all Third Party Content, please uninstall the Extension and refrain from using this Site. The instructions for uninstalling the Extension are outlined in Section 5.1 below, titled "Removal."

PLEASE NOTE THAT WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY PERIODICALLY. ANY AMENDMENTS WILL BE POSTED ON THESE TERMS AND CONDITIONS, THE PRIVACY POLICY, AND OTHER RELEVANT LOCATIONS. BY CONTINUING TO USE THE SITE OR KEEPING THE EXTENSION INSTALLED AFTER AN AMENDMENT IS POSTED, YOU AGREE TO BE BOUND BY THE UPDATED TERMS. THEREFORE, IT IS ADVISABLE TO REVIEW THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY EACH TIME YOU USE THE SITE OR EXTENSION TO CHECK FOR ANY UPDATES. YOU CAN VERIFY THE LAST UPDATE DATE AT THE BOTTOM. WE RECOMMEND KEEPING A PRINTED COPY OF THE CURRENT TERMS AND CONDITIONS AND PRIVACY POLICY FOR YOUR REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU MUST REFRAIN FROM USING THE SITE OR EXTENSION.

SECTION TWO - SPECIFIC TERMS AND REQUIREMENTS

2.1 Qualifications. In order to use/install the Extension, utilize the Site, and/or access Content, you must be an individual who is at least 18 years old. If you are in a jurisdiction that enforces additional eligibility restrictions, you must adhere to those restrictions as well.

2.2 Acknowledgment of Intellectual Property Rights. By using the Site, accessing content, or using the Extension, you recognize that all information, content, and materials found on the Site and through the Extension (referred to as the "Materials") may be protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by us, our content suppliers or licensors, or other individuals whose content is available on the Site and/or Extension. Unless the materials are in the public domain, you are not permitted to modify, publish, participate in the transfer or sale of, create derivative works from, or exploit the Materials in any other way except as allowed by applicable law.

The trademarks, logos, and service marks (collectively referred to as "Trademarks"), whether registered or not, that are displayed on the Site and Extension belong to DishGuideMasters and/or third parties. You are not authorized to use the Trademarks in any manner, and nothing on the Site or Extension should be interpreted as granting you, either implicitly or explicitly, a license or right to use any Trademark without our written consent or the written consent of the respective third-party owner.

We want to make it clear that DishGuideMasters is fully committed to vigorously protecting its intellectual property rights, and we will take all necessary measures, including pursuing criminal prosecution when applicable, to enforce these rights to the fullest extent of the law. Furthermore, DishGuideMasters will reasonably cooperate with any third party asserting that any Site Material infringes upon their intellectual property rights and will take appropriate action as required by law or deemed reasonable and necessary to address such complaints.

2.3 Submissions and Transmissions. Any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary, including any emails sent to us at . Anything you transmit may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, further transmission, publication, broadcast and posting. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, without any compensation to you.

2.4 Upgrades. DishGuideMasters retains the right to introduce additional features or functions or release new versions of the Extension (referred to as "Upgrades") at any time. These Upgrades may be aimed at improving the administration of the Site and Extension, ultimately enhancing your DishGuideMasters experience. We may make an Upgrade available to you automatically without prior notice. Furthermore, an Upgrade may reset the Extension to its default settings of the current version. Unless we explicitly notify you otherwise, an Upgrade will not delete or modify any data that would not have been affected if you had installed the most recent version of the Extension instead of receiving the Upgrade. However, please note that while DishGuideMasters may provide you with Upgrades, we are not obligated to do so.

SECTION THREE - LIMITATION ON LIABILITY; INDEMNIFICATION

3.1 General Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, DISHGUIDEMASTERS, ITS PRINCIPALS, EMPLOYEES, CONSULTANTS, OFFICERS, DIRECTORS, MEMBERS, AGENTS, SUBSIDIARIES, AFFILIATES, AS WELL AS ITS PARENT COMPANY AND ITS PRINCIPALS, PARENT COMPANY, EMPLOYEES, OFFICERS, CONSULTANTS, DIRECTORS, MEMBERS, AGENTS, SUBSIDIARIES, OR AFFILIATES (REFERRED TO AS "RELATED COMPANIES") SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, REGARDLESS OF THE LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LAW, EQUITY, CONTRACT, TORT, OR OTHERWISE, ARISING FROM YOUR USE OR INABILITY TO USE THE SITE, THE CONTENT, OR THE EXTENSION. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES TO YOUR SYSTEMS, EXTENSION, DATA, COMPUTER FAILURES OR MALFUNCTIONS, TRANSMISSION OF COMPUTER VIRUSES, PERFORMANCE DELAYS, COMMUNICATION FAILURES, OR SECURITY BREACHES.

3.2 No Warranty. BY USING THE SITE, THE CONTENT, AND THE EXTENSION, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO AT YOUR OWN RISK. THE SITE, THE CONTENT, AND THE EXTENSION ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. THIS INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF NON-INFRINGEMENT, FREEDOM FROM VIRUSES, AND ANY WARRANTY IMPLIED THROUGH THE COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. IT IS IMPORTANT TO NOTE THAT DISHGUIDEMASTERS DOES NOT WARRANT OR REPRESENT THAT YOUR USE OF THE MATERIALS WILL NOT INFRINGE UPON THE RIGHTS OF THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

3.3 Damage Caused by Third Parties. You acknowledge and agree that DishGuideMasters and its Related Companies are not liable for any harm, loss, or damage that you may suffer as a result of third parties accessing or using the Extension, the Content, the Site, or the Materials, including, without limitation, harm from hacking, tampering, cheating, or spreading malware from the Extension, Content, or the Site.

3.4 Indemnification. By using the Site or Extension, you hereby consent to hold DishGuideMasters and its Related Companies harmless from and against any and all losses, damages, liabilities, and costs (including, without limitation, settlement costs and any other fees and expenses for looking into or defending any actions or threatened actions) incurred by all or any of these parties in connection with any claim resulting from any breach by you of these Terms and Conditions.

3.5 Site and Extension Modifications. You acknowledge that DishGuideMasters has the authority to make changes to the content of the Site and Extension, such as adding, removing, or modifying the Content. By agreeing to this, you understand that DishGuideMasters and its Related Companies will not be held liable to you or anyone associated with you for any consequences resulting from these changes.

SECTION FOUR - HACKING, TAMPERING, OR UNAUTHORIZED ACCESS OR USE

You agree not to and shall not attempt to:

Gain unauthorized access to the systems of the Extension, Content, or Site.
Interfere with the procedures or performance of the Extension, Content, or Site.
Deliberately damage or undermine the Extension, Content, or Site.
Access Content on the Site using automated, macro, programmed, or similar methods.
Engage in fraudulent activities related to the Extension, Content, or Site.

Violating any of the terms in this Section Four may lead to civil and/or criminal prosecution.

SECTION FIVE - MISCELLANEOUS PROVISIONS

5.1 Removal: If you disagree with any provision in these Terms and Conditions or any amendments made by DishGuideMasters, you must immediately stop using the Site. If you have installed the Extension, you must uninstall it. You can uninstall the Extension by following the instructions on the Uninstall page.

5.2 Digital Millennium Copyright Act: If you believe there is any infringing content or material on the Site or Extension, please notify us. We will respond to notices of alleged infringement in accordance with the Digital Millennium Copyright Act and other applicable intellectual property laws. This may involve removing or disabling access to the allegedly infringing material. For more information, please refer to our Copyright Policy.

5.3 Dispute Resolution by Binding Arbitration: We aim to address user concerns promptly and to their satisfaction by contacting us at . If, however, an issue arises that requires resolution, this Section 5.3 outlines the steps we will take.

PLEASE CAREFULLY REVIEW THE FOLLOWING PARAGRAPHS AS THEY OUTLINE THE REQUIREMENT FOR ARBITRATION IN DISPUTES WITH DISHGUIDEMASTERS AND ITS RELATED COMPANIES, AND LIMIT THE WAYS IN WHICH YOU CAN SEEK RESOLUTION. Any claim or dispute between you and DishGuideMasters or its Related Companies, including those related to the Site, Extension, Content, Materials, these Terms and Conditions, marketing by DishGuideMasters, or Third Party Content, shall be resolved through final and binding arbitration. Arbitration means that you cannot file a lawsuit in court or have a trial by jury. This obligation to arbitrate applies regardless of the nature of the claim or dispute, including tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal or equitable theory.

We each agree that we may only make claims against the other in our individual capacities, not as part of a class action or representative proceeding, REGARDLESS OF WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT. All arbitrations must be held on an individual (rather than a class-wide) basis, and an arbitrator has no authority to award class-wide relief. You understand and agree that these Terms and Conditions expressly prohibit you from initiating arbitration proceedings on behalf of others or participating in any arbitration proceedings commenced by any individual.

A party intending to pursue a claim or dispute must first send a written Notice of Dispute to the other party. The Notice should outline the nature and basis of the claim or dispute, as well as the specific relief being sought. All Notices to DishGuideMasters should be sent via email to . DishGuideMasters will notify you by email using the email address on file, if available, or through another reasonable method. Upon receiving the Notice, the recipient has a 30-day period to resolve the claim by fully addressing the dispute and providing the requested relief. If the claim is not resolved within this period, either you or DishGuideMasters may initiate an arbitration proceeding.

Arbitration for any claim or dispute under these Terms and Conditions will be conducted by a single arbitrator, exclusively in Orange County, California. State or federal courts located in Orange County, California, will have exclusive jurisdiction and venue over any appeals or motions related to an arbitration award. The arbitrator has the authority to grant any remedy available in court, except for issuing relief on behalf of a class or providing class-wide or group relief. Each party is responsible for its own legal fees, costs, experts, witnesses, and filing fees, and both parties will split the cost of the arbitrator.

If any part of Section 5.3 is deemed illegal or unenforceable, that specific part will be removed, but the rest of Section 5.3 will remain in full force and effect.

YOU MAY OPT OUT OF THIS ARBITRATION PROVISION WITHIN THREE (30) DAYS OF FIRST USING THE SITE OR EXTENSION BY SENDING AN EMAIL TO . YOU MUST SEND A SIGNED WRITTEN NOTICE AND THE DATE YOU FIRST USED THE SITE OR EXTENSION FOR YOUR OPT-OUT TO BE EFFECTIVE. UNTIMELY OPT-OUTS WILL BE INVALID, AND YOU MUST THEN PURSUE YOUR CLAIM VIA ARBITRATION IN ACCORDANCE WITH THESE TERMS.

5.4 Jurisdiction and Legal Proceedings. Both you and DishGuideMasters agree, as stated in Section 5.3 that any disputes will be resolved through binding arbitration. However, in the event that either party files a lawsuit against the other or DishGuideMasters's Related Companies, despite the provisions in Section 5.3, the only applicable forum, jurisdiction, and venue for such a lawsuit will be the courts located in Orange County, California. By doing so, you willingly submit to and waive any objections to this jurisdiction, forum, and venue, regardless of the validity of the lawsuit or any restrictions mentioned in Section 5.3.

5.5 Choice of Law. These Terms and Conditions will be governed and construed in accordance with California law, notwithstanding any rules of conflict of law, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

5.6 Entire Agreement. These Terms and Conditions, along with any additional user obligations and rules provided on the Site, constitute the complete agreement between you and DishGuideMasters regarding your use and access to the Site and Extension. This agreement can only be modified by DishGuideMasters, as mentioned earlier, in relation to Amendments.

5.7 Severability. In the event that any part of these Terms and Conditions is considered invalid or unenforceable, that specific provision will be treated as separate from the rest of the Terms and Conditions. The invalidity or unenforceability of one provision will not impact the validity and enforceability of the remaining provisions.

To contact DishGuideMasters, please email us at .

Updated: July 15, 2023