Terms of Service

Effective Date: December 24, 2024

Welcome to Relish.com, a site operated by Teneology, Inc. By accessing this site (“Site”), you agree to the terms, policies, and notices provided below (these “Terms”). Please review them carefully before using the Site. Your access to or use of the Site signifies your agreement to these Terms, including limitations of liability, disclaimers of warranties, and a choice of Tennessee law. If you disagree with any part of these Terms, please refrain from using the Site.

1. Site Content and Intellectual Property

Subject to your compliance with these Terms, and your payment of any applicable fees, Teneology, Inc. or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms are reserved and retained by Teneology, Inc. or its licensors, suppliers, publishers, rightsholders, or other content providers. The licenses granted by Teneology, Inc. terminate if you do not comply with these Terms.

• • Personal, Noncommercial Use: All content on this Site, including but not limited to text, graphics, software, images, video, and audio, is protected by copyright, trademark, and other intellectual property laws (“Content”). This Content is for personal, noncommercial use only and remains the property of Teneology, Inc. and its licensors.
• • Limited License: You may not modify, distribute, publish, transmit, create derivative works from, or otherwise exploit any Content or information from this Site without Teneology’s prior written permission. Data gathering, data mining, robots, or similar data gathering and extraction tools are prohibited.
• • Availability: Access to this Site is global; however, Teneology, Inc. does not guarantee availability in all locations and reserves the right to modify or discontinue the Site, in part or entirely, without prior notice.
• • Third-Party Content: Certain elements on this Site, including advertisements and product information, may be furnished by third parties. All third-party trademarks or service marks displayed remain the property of their respective owners.

2. Freemium Subscription Model

The Site offers a freemium subscription model with both free and premium membership options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Teneology, Inc. reserves the right to refuse service, terminate accounts, terminate your rights to use the Site, remove or edit content, or cancel orders in its sole discretion. Additional terms apply to these subscriptions.

• • Account Types: Users may register for either a free or a premium account on Relish.com. The free account provides limited access to Site features, while the premium subscription includes enhanced services and content.
• • Subscription Fees: Users who choose a premium subscription agree to pay the applicable subscription fees as detailed on the Site. Fees are subject to change, and any fee changes will be communicated in advance. Continued use of the premium services after such notice constitutes acceptance of the new fees.
• • Payment Terms: By subscribing to a premium account, you authorize Teneology, Inc. to charge your selected payment method. You agree to keep your payment information current and to ensure that the payment method on file has sufficient funds for each billing cycle. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Any issues in processing payment may result in the suspension or termination of access to premium services.
• • Renewal and Cancellation: Premium subscriptions renew automatically at the end of each billing period unless canceled. You may cancel your subscription at any time by following the cancellation instructions on the Site. Cancellations take effect at the end of the current billing period, and no refunds are provided for partial subscription periods.

3. Electronic Communications

When you use our Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. User Submissions and Contributions

By submitting any content, opinions, ideas, or materials (“Submission”) to the Site, you grant Teneology, Inc. a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, modify, reproduce, adapt, perform, translate, create derivative works from, distribute, and publish your Submission throughout the world in any format or media. You grant Teneology, Inc and sublicensees the right to use the name that you submit in connection with such content, if they choose. You warrant that you have the right to provide these materials and grant this license; and that you will indemnify Teneology, Inc for all claims resulting from content you supply. Content solely promoting commercial products or services is prohibited.

5. Prohibited Conduct

You agree not to:

• (i) violate any applicable local, state, national or international laws;
• (ii) stalk, harass, threaten, abuse, defame, demean, discriminate against, intimidate or exhibit other harmful or disrespectful behavior toward another individual, or staff of Teneology or the Site;
• (iii) violate the privacy rights of any person, including collect or store personal data about other users or persons;
• (iv) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
• (v) upload harmful files, interfere with or disrupt the Site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• (vi) Use automated methods (e.g., bots, spiders) for data collection on the Site;
• (vii) attempt to gain unauthorized access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means;
• (viii) otherwise using the Site in any manner that exceeds the scope of use granted herein;
• (ix) modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Site, or the Content in any manner, and/or
• (x) attempting to indirectly undertake any of the foregoing or encouraging or enabling any other individuals to do or attempt any of the foregoing.

Teneology, Inc. may monitor public areas on the Site but is not obligated to remove inappropriate content.

6. Permissible Use

You may view, copy, and print Content for personal, informational, or internal business use, provided you:

• • Do not alter the Content.
• • Include all copyright notices.
• • Do not use it for commercial purposes.

7. Privacy

Your use of this Site is subject to Teneology’s Privacy Policy, which is incorporated by reference. Review the Privacy Policy to understand how we collect, use, and safeguard your information. Your continued use of the Site implies your acceptance of these terms.

8. Modifications and Termination

Teneology reserves the right to modify or terminate the Site, these Terms, or your access without notice. Your continued use of the Site after such modifications constitutes your acceptance.

9. Digital Millennium Copyright Act

Teneology respects the intellectual property rights of others and expects its users to do the same. We may remove content that, in our view, appears to infringe the intellectual property rights of others. In addition, Teneology, in its sole and absolute discretion, may terminate the right to use the Site or Content of any user who infringes the intellectual property rights of others. If you believe any material on any of the Site infringes your copyright, you may request removal of that material from the Site by contacting Teneology’s copyright agent (identified below) and providing the following information: (i) identification of the copyrighted work that you believe to be infringed (please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work); (ii) identification of the material that you believe to be infringing and its location (please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material); (iii) your name, address, telephone number and (if available) e-mail address; (iv) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf; and (vi) a signature or the electronic equivalent from the copyright holder or authorized representative. Submit information to:

10. Linked Sites

The Site may contain links to third-party websites. Teneology is not responsible for the content, availability, or terms of use of any linked site. Use these sites at your own risk.

11. Disclaimer of Warranties and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF TENEOLOGY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (“AFFILIATED PARTIES”). EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

• A. "As-Is" Basis. TENEOLOGY PROVIDES THE SITE AND CONTENT, ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF ANY OF THE SITE AND CONTENT, IS AT YOUR OWN DISCRETION AND RISK.
• B. No Warranties; Release. TENEOLOGY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO ANY OF THE SITE OR ANY CONTENT, AND WE HEREBY EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SITE OR ANY CONTENT. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY CONTENT. WE DO NOT WARRANT THAT YOUR USE OF ANY OF THE SITE OR THE CONTENT WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, AVAILABLE, ACCURATE, OR THAT ANY DEFECTS THEREIN WILL BE CORRECTED. YOU AGREE TO RELEASE TENEOLOGY AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE CONTENT.
• C. Limitation of Liability. IN NO EVENT WILL TENEOLOGY OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE CONTENT.
• D. Maximum Liability. WITHOUT LIMITING ANY OTHER PROVISION IN THIS AGREEMENT, TENEOLOGY’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE OR THE CONTENT IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO TENEOLOGY IN CONNECTION WITH THE SITE IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.
• E. Sole And Exclusive Remedy. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR THE CONTENT, OR ANY OTHER GRIEVANCE RELATED THERETO, SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SITE AND THE CONTENT.

12. Indemnity

You agree to indemnify, defend and hold harmless Teneology, Inc., and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys' fees and costs incurred by Teneology, Inc. and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of any of the Site or Content, (ii) any Submission you submit, post or transmit through any of the Site, (iii) your violation of the Terms or your violation of any rights of a third party, or (iv) your violation of any applicable law, rules or regulations. You agree that you will cooperate as reasonably requested by Teneology in the defense of such claims. Teneology and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

13. Dispute Resolution and Arbitration

Except as provided for claims regarding intellectual property rights, any dispute or claim arising from your use of the Site will be resolved exclusively through binding arbitration in Nashville, Tennessee, as administered by the American Arbitration Association (“AAA”). Any such dispute or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Teneology may seek any interim or preliminary relief from a court of competent jurisdiction in Nashville, Tennessee, necessary to protect the rights or property of Teneology pending the completion of arbitration. In any arbitration arising out of or related to this Terms, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. Should either party file an action contrary to this provision, the other party may recover costs and attorneys’ fees reasonably incurred in challenging such action. YOU AND TENEOLOGY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH TENEOLOGY THAT NEITHER YOU NOR TENEOLOGY WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR TENEOLOGY WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

14. Americans with Disabilities Act (ADA) Compliance and Arbitration Agreement

Relish is committed to making the website’s content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email our team at accessibility@relish.com and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. By using this Site as is and accepting these Terms, you acknowledge and agree to the following arbitration terms for any disputes arising under or related to the Americans with Disabilities Act (the "ADA") and any other claims regarding accessibility:

• A. Agreement to Arbitrate ADA Claims: Any dispute, claim, or controversy arising from or relating to the Site’s accessibility, compliance with the ADA, or any applicable federal, state, or local accessibility laws and regulations, including but not limited to questions regarding the applicability, enforceability, or validity of this arbitration provision (collectively, a “Dispute”), shall first be submitted to mediation under the American Arbitration Association’s Mediation Rules.
• B. Arbitration Process: If the Dispute is not resolved within sixty (60) days following a request for mediation, the matter shall be exclusively and finally resolved by binding arbitration in accordance with the American Arbitration Association’s (AAA) Commercial Arbitration Rules, including any applicable emergency arbitration provisions. All proceedings will be held in Nashville, Tennessee, unless another location is mutually agreed upon.
• C. Confidentiality: The existence, content, and results of the arbitration shall be strictly confidential. No documents, briefs, correspondence, or arbitration decisions shall be disclosed to third parties without the written consent of all parties, except as required by law or as necessary to enforce an arbitration decision.
• D. Governing Law: This ADA compliance and arbitration section is governed by the laws of the State of Tennessee, without regard to conflict of laws principles.

By using this Site and agreeing to these Terms, you confirm that you understand and accept these arbitration requirements as the sole means for resolving any ADA-related disputes. This arbitration agreement limits your rights to bring any claims in court, including participating in a class action lawsuit, and any ADA claims must be resolved through arbitration.

15. Limitation on Claims

Any claim against Teneology, Inc. arising out of your use of the Site or these Terms must be filed within one year after the claim arises.

16. Severability

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of these Terms shall remain in full force and effect.

17. Governing Law

These Terms are governed by the laws of the State of Tennessee, without regard to conflict of laws principles. In case of any conflict between these laws and those of other jurisdictions, the laws of the United States shall prevail. If the Arbitration provision of these Terms in Sections 13 or 14 shall be found to be unlawful, void or for any reason unenforceable, then any lawsuit or claim arising out of these Terms shall be brought in the federal or state court located in Nashville, Tennessee.

No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. These Terms contain the entire agreement between you and Teneology regarding the use of the Site, and supersede any prior agreement between you and Teneology on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms.

18. Contact Information

For questions regarding these Terms, please contact Teneology, Inc. at:

Address:

Fexy
7683 SE 27th St, #298
Mercer Island, WA 98040

Acknowledgment

By using this Site, you acknowledge that you have read and understood these Terms and agree to be bound by them.