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Terms of Use

Last Updated: June 1, 2024

These Terms of Use (this "Agreement") govern your use of and access to the websites, emails, or other digital properties that include an authorized link to this Agreement (collectively, the "Digital Properties") and the subscriptions, newsletters, content, information, features, or resources available or enabled through the Digital Properties (each a "Service" and, collectively with the Digital Properties, the "Services"). This Agreement is agreed to between you ("you" or "your") and Daily Discussions LLC and its parent company, subsidiaries, and affiliates (collectively, "Daily Discussions", "we", "us", or "our").

By accessing or using any part of the Services, or by clicking "Subscribe," "I Agree," or similar language assenting to this Agreement, you agree to enter into and be bound by this Agreement. If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have authority to bind that entity to this Agreement. If you do not have such authority, or you do not agree to be bound by this Agreement, do not access or use any part of the Services.

SECTION 8 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND DAILY DISCUSSIONS ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN SECTION 8 WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND DAILY DISCUSSIONS TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. PLEASE SEE SECTION 8 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT.

Daily Discussions reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or the relevant policies on the applicable Services. You should regularly review this Agreement. Your continued use of the Services after any such changes constitutes your agreement to such changes.

  1. ACCESS TO AND USE OF THE SERVICES AND TECHNOLOGY.

    1.1. Eligibility. The Services are only intended for use by individuals who are: (a) at least sixteen (16) years of age and older; (b) of legal age to form a binding contract; (c) not a person barred from using the Services under the laws of the United States of America, your place of residence, or any other applicable jurisdiction; (d) residence of the United States of American; and (e) not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country. By accessing or using the Services, you represent and warrant that you meet these criteria.

    1.2. Use of the Services. Except with respect to your Content (defined below), Daily Discussions and its suppliers own or are licensees of the rights, title, and interest required for the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Daily Discussions grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. Daily Discussions and its suppliers, licensors, partners, and service providers reserve all rights not granted in this Agreement.

    1.3. Registration Information. When using the Services, including when you subscribe to, sign up for, or otherwise register for a Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the relevant Service including, without limitation, your email address; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DAILY DISCUSSIONS FROM ANY THIRD-PARTY CLAIMS, LIABILITY, DAMAGES OR COSTS ARISING FROM YOUR PROVIDING DAILY DISCUSSIONS WITH INFORMATION THAT IS UNTRUE, INACCURATE, NOT CURRENT, OR INCOMPLETE.

    1.4. Data Privacy. You acknowledge the use, collection, and disclosure of any personal information that you submit to the Services or that is collected about you from the Services as described in the Privacy Policy, which is located at https://www.bigrecipe.com/privacy-policy/ ("Privacy Policy").

    1.5. Technology. The Services, and the cookies, pixels, tags, scripts, databases, software, hardware, and other technology used by or on behalf of Daily Discussions to operate the Services, and the structure, organization, and underlying data, information, and software code thereof (collectively, the "Technology"), constitute valuable trade secrets of Daily Discussions or our licensors, vendors, partners, or suppliers. You will not, and will not permit any third party to: (a) access or attempt to access the Technology except as expressly provided in this Agreement; (b) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (c) use automated scripts to collect information from or otherwise interact with the Technology; (d) alter, modify, reproduce, or create derivative works of the Technology; (e) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology or otherwise make the Technology available to any third party; (f) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (g) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (h) monitor the availability, performance, or functionality of the Technology; or (i) interfere with the operation or hosting of the Technology. As between you and Daily Discussions, Daily Discussions retains all rights, title, and interest, including all intellectual property rights, in and to the Technology and any additions, improvements, updates, and modifications thereto. you receive no ownership interest in or to the Technology and you are not granted any right or license to use the Technology itself, apart from your ability to access the Digital Properties under this Agreement.

    1.6. Trademarks. Daily Discussions’ stylized name, logo, service marks, trade names, and all product and service names associated with the Digital Properties are trademarks of Daily Discussions and may not be used without permission in connection with any third-party products or services. You are granted no right or license to use them. Other trademarks, logos, service marks and trade names that may appear on or in the Services are the property of their respective owners. You shall not remove, alter, or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

  2. PROHIBITED CONDUCT. In connection with your use of the Services and Technology (defined below), you shall not:

    (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services;

    (b) frame or use framing techniques to enclose any trademark, logo, or Services (including images, text, page layout or form) of Daily Discussions;

    (c) use any metatags or other "hidden text" using Daily Discussions’ name or trademarks;

    (d) modify, translate, adapt, merge, make derivative works or services of, circumvent, decrypt, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;

    (e) use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape," harvest, or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Digital Properties for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

    (f) access the Services to build a similar or competitive website, application, or service;

    (g) use any information, data, or content from the Services for the development of any software program (including training a machine learning or artificial intelligence (AI) system);

    (h) remove or destroy any copyright notices or other proprietary markings contained on or in the Services or use the Services in violation of any third party’s intellectual property or other proprietary or legal rights;

    (i) harm minors in any way;

    (j) impersonate any person or entity, including, but not limited to, Daily Discussions personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    (k) intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;

    (l) interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and

    (m) attempt to harm our Services or use the Services in a manner that could interfere with any party’s use or enjoyment of the Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" the Services; or

    (n) advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

    Any unauthorized use of the Services immediately terminates the licenses granted by Daily Discussions pursuant to this Agreement.

  3. CONTENT.

    3.1. Sponsored/Affiliate Content. Certain portions of the Services may include content that contains links to third party web sites for which Daily Discussions may receive compensation from the operator of the third-party web site by virtue of your clicking to or making a purchase on that site. As described more fully in Section 4 below, by clicking on these links you understand and agree that you are leaving the Digital Properties and visiting a website that is not controlled by us.

    3.2. Your Content. This section applies to the extent we have enabled posting of user-submitted comments, audio, video, text or other materials on the Digital Properties or otherwise allow you to send information or materials through the Services. You are solely responsible for the nature of all communications, reviews, comments, information, or other content that you provide, upload, submit, email, transfer, or otherwise make available to Daily Discussions in connection with the Services ("Your Content"). Our practices with respect to the privacy and security of Your Content are set forth in our Privacy Policy. By providing Your Content, you grant Daily Discussions a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in any form, media, software, or technology of any kind. You agree that Your Content: (a) does not violate, or would encourage any conduct that would violate this Agreement or any applicable laws; (b) is not unlawful, tortious, vulgar, libelous, defamatory, obscene, abusive, pornographic, threatening, an invasion of privacy, or otherwise objectionable, in our sole discussion; (c) does not promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (d) is not violent or threatening, or does not promote violence or actions that are threatening to any other person; (e) does not promote illegal or harmful activities; (f) does not constitute an infringement or misappropriation of the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; (g) is not an advertisement or solicitation of funds, goods, or services; (h) is not false, misleading, or inaccurate; or (i) could not be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message, or a disruptive advertisement. You acknowledge that Daily Discussions has no obligation to pre-screen Your Content, although Daily Discussions reserves the right in its sole discretion to pre-screen, refuse or remove Your Content. By entering into this Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. If Daily Discussions pre-screens, refuses, or removes any of Your Content, you acknowledge that Daily Discussions will do so for Daily Discussions’ benefit, not yours. Without limiting the foregoing, Daily Discussions shall have the right to remove Your Content that violates this Agreement or is otherwise objectionable. Unless expressly agreed to by Daily Discussions in writing elsewhere, Daily Discussions has no obligation to store any of Your Content. Daily Discussions is not responsible or liable for any deletion, correction, destruction, damage, loss, breach, or failure to store or back-up any of Your Content. You agree that you have all right, title, interest, and consent in Your Content necessary to allow Daily Discussions to use Your Content for the purposes for which you provide Your Content to Daily Discussions.

    3.3. Company Content. Subject to your compliance with this Agreement, Daily Discussions will permit you to access and use the Services solely for lawful purposes and only in accordance with the terms of this Agreement. As between Daily Discussions and you, all content, including all text, audio, video, photographs, illustrations, graphics, and other content or media, provided through the Services ("Company Content") is owned by Daily Discussions. All Company Content is for your informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all Company Content prior to making use of that Company Content. Subject to your compliance with this Agreement, you may use the Company Content solely for your personal purposes in connection with your permitted use of the Services in accordance with this Agreement. You agree that you will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Company Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any Company Content; or (c) alter, obscure, or remove any copyright, trademark, or any other notices that are provided on or in connection with any Company Content. Daily Discussions has not verified the accuracy of and will not be responsible for any errors or omissions in any Company Content. Except as set forth in this Agreement, you are granted no licenses or rights in or to any Company Content, or any intellectual property rights therein or related thereto.

    3.4. Investigations and Suspension. Daily Discussions shall have the right but not the obligation, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if Your Content violates this Agreement or any applicable law. Although Daily Discussions does not generally monitor user activity occurring in connection with the Services, if Daily Discussions becomes aware of any possible violations by you of any provision of this Agreement, Daily Discussions reserves the right to investigate such violations. Without limiting Daily Discussions’ right to terminate this Agreement, Daily Discussions may also suspend your access to the Services (including changing, altering or removing Your Content), with or without notice to you, upon any actual, threatened, or suspected breach of this Agreement or applicable law or upon any other conduct deemed by Daily Discussions, at its sole discretion, to be inappropriate or detrimental to Daily Discussions, the Technology or Services, or any other Daily Discussions product, customer, or user.

  4. THIRD-PARTY SERVICES AND PROMOTIONS.

    Daily Discussions may provide you with links or other ability to access features, sweepstakes, contests, or other services developed, provided, or maintained by third-party service providers through the Services ("Third-Party Services"). Third-Party Services may integrate with, pull content from, or add content to the Services, including Your Content. The Services may also display promotions or advertisements for third parties, such as promotions or advertisements for products and services made available by third parties ("Third-Party Promotions"). We do not provide, own, or control any of the products or services that you can access through Third-Party Services or Third-Party Promotions. Daily Discussions provides these Third-Party Services and Third-Party Promotions only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services or Third-Party Promotions, or any product or service provided in connection therewith. You use all links, Third-Party Services, and Third-Party Promotions at your own risk. By providing your contact information in connection with any Third-Party Services or Third-Party Promotions, you understand and expressly consent to be contacted by these third parties using the contact information you provide. In addition to the terms of this Agreement, your access to and use of any Third-Party Services is subject to any other agreement you may agree to before being given access to the Third-Party Services (each, a "Third-Party Service Agreement"). The terms of any Third-Party Service Agreement will apply to the applicable Third-Party Services provided under that Third-Party Service Agreement in addition to the terms of this Agreement but will not apply to any other services or content you may access through the Services. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services or providers of any Third-Party Promotions, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

  5. DISCLAIMERS.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE COMPANY CONTENT, AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DAILY DISCUSSIONS AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, AND LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF ANY CONTENT AND DO NOT ENDORSE THE VIEWS OR OPINIONS THAT MAY BE EXPRESSED OR PROVIDED THROUGH THE SERVICES. DAILY DISCUSSIONS AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICES, TECHNOLOGY, COMPANY CONTENT, AND THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DAILY DISCUSSIONS, ITS EMPLOYEES, PROVIDERS, OR AGENTS, OR THE SERVICES, WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION (IF ANY). DAILY DISCUSSIONS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS; OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF COMPANY CONTENT. OUR SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT DAILY DISCUSSIONS AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  6. INDEMNITY.

    You hereby agree to indemnify, defend, and hold harmless Daily Discussions and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Parties arising in any manner from: (a) your access to or use of the Services, including any Technology or Company Content; (b) your Content; or (c) your breach of any representation, warranty, or other provision of this Agreement. Daily Discussions will provide you with notice of any such claim or allegation, and Daily Discussions will have the right to participate in the defense of any such claim at its expense.

  7. LIMITATION ON LIABILITY.

    DAILY DISCUSSIONS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF OR ACCESS TO THE SERVICES (INCLUDING THE TECHNOLOGY AND COMPANY CONTENT), EVEN IF DAILY DISCUSSIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF YOUR CONTENT, OPPORTUNITY, REVENUES, OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. DAILY DISCUSSIONS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND DAILY DISCUSSIONS’ PROVISION OF THE SERVICES (INCLUDING THE TECHNOLOGY AND COMPANY CONTENT), WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $100. YOU AGREE THAT DAILY DISCUSSIONS WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, DAILY DISCUSSIONS’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  8. DISPUTE RESOLUTION.

    8.1. Applicability of Arbitration Agreement. Please read the following arbitration agreement in this Section 8 ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Daily Discussions and limits how you can seek relief from us. You agree that any dispute, claim or request for relief relating in any way to your access or use of the Services, or to any aspect of your relationship with Daily Discussions, will be resolved by binding arbitration, rather than in court, except that: (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or Daily Discussions may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes, claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

    8.2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute, claim, or request for relief to Big Recipe c/o Daily Discussions LLC, Attn: Legal, 10228 E. Northwest Hwy, Ste 292, Dallas, TX 75238. The arbitration will be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the "AAA Rules"). For more information about arbitration, the AAA, and the arbitration process, please consult the American Arbitration Association web site at adr.org. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim. Unless you and Daily Discussions agree otherwise in writing, any hearings for the arbitration will take place in a location to be determined in accordance with the AAA Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    8.3. Authority of Arbitrator. The arbitrator shall have exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement; and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Daily Discussions. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

    8.4. Waiver of Jury Trial. YOU AND DAILY DISCUSSIONS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Daily Discussions are instead electing that all disputes, claims or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in the Section 8.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to limited review.

    8.5. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Texas. All other disputes, claims or requests for relief shall be arbitrated.

    8.6. 30-Day Right to Opt-Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to legal@bigrecipe.com with the subject line, "Rejection of Arbitration Agreement," within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Daily Discussions username (if any), the email address where you receive Daily Discussions emails or that you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

    8.7. Miscellaneous. Except as provided in Section 8.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of your relationship with Daily Discussions. Notwithstanding any provision in this Agreement to the contrary, we agree that if Daily Discussions makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing us at the following address: Big Recipe c/o Daily Discussions LLC, Attn: Legal, 10228 E. Northwest Hwy, Ste 292, Dallas, TX 75238.

  9. GENERAL PROVISIONS.

    9.1. Termination. At its sole discretion, Daily Discussions may modify, suspend, change, or discontinue the Services, or may modify, suspend, change, or terminate your access to the Services, for any reason or no reason, with or without notice to you and without liability to you or any third party. In addition to restricting, suspending, or terminating your access to the Services, for any reason or no reason, Daily Discussions reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress. The provisions of this Agreement will survive any expiration or termination of this Agreement or your access to all or part of the Services.

    9.2. Governing Law and Venue. The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations, or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Texas (U.S.A.) without regard to the conflict of laws provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement, and the parties hereby disclaim the application thereof. Subject to Section 8.1, each party will bring any action or proceeding arising from or relating to this Agreement exclusively in a state or federal court in Austin, Texas (U.S.A.), and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding brought in such courts by Daily Discussions.

    9.3. Copyright Complaints. Daily Discussions respects your copyrights and other intellectual property rights and those of other third parties. If you believe in good faith that your copyrighted work has been reproduced on the Services without your authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our copyright agent for notice of claims of copyright infringement is as follows: Big Recipe DMCA Agent, c/o Daily Discussion LLC, Attn: Legal, 10228 E. Northwest Hwy, Ste 292, Dallas, TX 75238.

    9.4. International Users. The Services are controlled and offered by Daily Discussions from its facilities in the United States and are intended only for use by residents of the United States. Daily Discussions is headquartered in the United States. If the Services can be accessed from outside of the United States and contain references to Services that are not available in your country or jurisdiction, such references do not imply that Daily Discussions intends to announce such Services in your country or jurisdiction. Daily Discussions makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from outside of the United States do so at their own volition and are responsible for compliance with local law.

    9.5. Notices. Unless otherwise specified in this Agreement, any notices required or allowed under this Agreement will be provided to us by postal mail to the following address: Big Recipe c/o Daily Discussion LLC, Attn: Legal, 10228 E. Northwest Hwy, Ste 292, Dallas, TX 75238. Daily Discussions may provide you with any notices required or allowed under this Agreement by sending you an email to any email address you provide to Daily Discussions, provided that in the case of any notice applicable both to you and other users of the Digital Properties, Daily Discussions may instead provide such notice by posting on or through the Services. Notices provided to Daily Discussions will be deemed given when actually received by Daily Discussions. Notice provided to you will be deemed given 24 hours after posting to the Services or sending via email. If the last email address you provided to Daily Discussions is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, our dispatch of the email containing such notice will nonetheless constitute effective notice.

    9.6. Electronic Communications. The communications between you and Daily Discussions use electronic means, whether you visit the Services or send Daily Discussion communications (such as email), or whether Daily Discussions posts notices on the Services or communicates with you electronically. For contractual purposes, you: (a) consent to receive communications from Daily Discussions in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Daily Discussions provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing." The foregoing sentence does not affect your statutory rights.

    9.7. Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, the Services may not be exported or re-exported: (a) into any United States of America embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List.

    9.8. Additional Terms. All waivers by Daily Discussions under this Agreement must be in writing or later acknowledged by Daily Discussions in writing. Any waiver or failure by Daily Discussions to enforce any provision of this Agreement on one occasion will not be deemed a waiver by Daily Discussions of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with applicable law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with applicable law, and the remaining provisions will remain in full force. You may not assign or transfer either this Agreement or any of your rights or obligations hereunder without Daily Discussions’ prior written approval. Any assignment in violation of the foregoing will be null and void. Daily Discussions may assign this Agreement to any party that assumes Daily Discussions’ obligations hereunder. The parties hereto are independent contractors, not agents, employees, or employers of the other or joint venturers, and neither party acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. The words "include," "includes," and "including" means "include," "includes," or "including," in each case, "without limitation." Terms used in this Agreement have the definitions given in this Agreement or, if not defined in this Agreement, have their plain English meaning as commonly interpreted in the United States of America.

    9.9. California Consumer Complaints. In accordance with California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 N. Market Blvd., Ste N-112, Sacramento, CA 95834-1924, or by telephone at (800) 952-5210.

    9.10. Questions, Complaints, Claims, Permissions. If you have any questions, complaints, or claims with respect to the Services, please contact our customer service department at support@bigrecipe.com. We will do our best to address your concerns. For usage and/or reprint permission requests, please email support@bigrecipe.com.