www.themediterraneandish.com/ (The Mediterranean Dish®) is property of The Mediterranean Dish, LLC

Terms of Use

Please carefully review these Terms of Use before using this website. These Terms of Use govern the relationship between you and The Mediterranean Dish, LLC (“Company“) and constitute a legally binding agreement between you and Company.  By accessing or using the Company website (the “Website”), you acknowledge that you have read, understood and accept these Terms of Use.  These Terms of Use are effective as of November 5, 2025.

Privacy Policy.

Please review Company’s privacy policies for information on Company’s privacy practices with respect to the Website.  You represent and warrant to Company that you have read Company’s privacy policy, and you agree to abide by the obligations imposed on you by the policy.  In addition, you agree to Company’s use of the personal information you supply or communicate to Company in connection with your use of the Company website as and to the extent set forth in the privacy policy.

Your Access to the Website; Eligibility.

You agree that your use of Company website shall at all times be in compliance with these Terms of Use and all applicable laws.  Company retains the right to deny service, or access to the Website, to any person or entity or an account, at any time and for any reason in its sole discretion.  In addition, Company reserves the right to take any action it deems necessary in its sole discretion with respect to any aspect of the Website to: (i) satisfy any applicable law, rule, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including without limitation, investigating any potential violations of these Terms of Use; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to support or other requests from subscribers, if applicable; or (v) protect the rights, property or safety of Company, its subscribers and the public.

Your Conduct.

Your use of the Website and all account activity must be in compliance with these Terms of Use and all applicable laws and regulations.  Company shall determine in its sole discretion whether you have acted in violation of the Terms of Use.  If Company determines that you have violated these Terms of Use, then Company may in its sole discretion (i) permanently bar, temporarily suspend or otherwise limit or deny in any way your use of the Website, (ii) pursue any other corrective remedies Company deems appropriate, or (iii) pursue any other remedies available to Company under the law.

 Communications with Company.

By sending Company any ideas, comments, suggestions, questions or other material (“Unsolicited Ideas“), you agree Company (i) has no obligations with respect to the Unsolicited Ideas, including without limitation, any obligation to keep, protect the confidentiality of or maintain or protect in any other way; and (ii) will own all Unsolicited Ideas it receives from you and it may use the Unsolicited Ideas in any way it desires, including without limitation, disclosing or redistributing the Unsolicited Ideas to third parties, all without restriction and without any obligation to acknowledge or compensate you.

You agree that no comments or other information submitted by you to Company will violate any personal or proprietary right of any third party (including, without limitation, copyright and trademark rights). You agree that no comments or other information submitted by you to Company will be libelous, obscene, harassing, abusive or otherwise unlawful. You agree that you shall remain solely liable for the contents of any comments or other information submitted by you to Company.

Intellectual Property.

The Website and all of the Website content is owned by Company and is protected by U.S. and international copyright laws. Copyright 2025 The Mediterranean Dish, LLC. All rights reserved. All elements comprising the Website, including without limitation, the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Company or its licensors, and are protected by U.S. and international copyright laws. All software used in this site is the property of Company or its licensors, and such software is also protected by U.S. and international copyright laws.

Disclaimer of Warranty.

THE WEBSITE, THE WEBSITE CONTENT AND ANY SERVICES AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEBSITE, ITS USES AND ANY SERVICES OFFERED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

You accept full responsibility over the risks associated with using the Website and any recipes found on the Website.

Limitation of Liability.

IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE WEBSITE AND/OR ANY CONTENT, MATERIALS OR SERVICES AVAILABLE AT THE WEBSITE.

Third Parties.

The Website may include links to other third-party websites, services or resources (each, a “Third-Party Service“).  Your use of Third-Party Services is at your own risk.  Company makes no representations whatsoever about any third-party websites that you may access through the Website, and the fact that we have linked to another site should not be construed as an endorsement of that site or its proprietor. Company is not responsible for the privacy practices, terms and conditions or content of such websites, or the services provided by such third parties. Company prohibits (i) the framing of any materials available through this site, and (ii) “deep linking” to pages of the site other than the home page. Company reserves the right to disable any unauthorized frames and specifically disclaims any responsibility for the contents of any other websites linked to this site.

Indemnity.

You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees and agents,  (collectively, “Company Parties”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any (i) violation of these Terms of Use, (ii) activity related to your account with Company (including negligent or wrongful conduct), or (iii) your access to or use of the Website.

Applicable Law.

Your use of the site shall be governed by the laws of the State of Georgia without regard to its choice of law principles.

Arbitration and Class Action Waiver Agreement:

Binding Arbitration (“Arbitration Agreement”)

  1. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers (collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We 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). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.

You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

  1. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to [physical address]. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  2. Fees. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.
  3. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will 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 these Terms (including the Arbitration Agreement). The arbitrator will 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.
  4. Waiver of Jury Trial. You and We 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 We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  5. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class 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. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.
  6. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
  7. Severability. 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 will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.
  8. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.
  9. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.

Changes to the Website and Website Content.

Company reserves the right to make additions, deletions or modifications to the Website and the Website content at any time without prior notice to you.  Company is under no obligation to update any Website content, even if Company knows that the Website content includes outdated information or information that is based on outdated law.

Miscellaneous.

Company reserves the right to change, alter or modify these Terms of Use or the privacy policy for any reason at any time. When we do so, changes in these Terms of Use will be posted on the Website and will be effective immediately. If you are a regular visitor to the Website, we recommend that you check these Terms of Use on a regular basis.

These Terms of Use contain the entire agreement between you and Company regarding the Company website and the Website content and supersede any prior agreement between you and Company relating to its subject matter.

 If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.

You may not assign or transfer in any way any of your rights or obligations under these Terms of Use without Company’s prior written consent.  Company may assign or transfer in any way its rights and obligations under these Terms of Use without restriction.

Any failure by you or Company to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If Company takes any action to enforce these Terms of Use, Company will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and the costs of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

Company reserves all rights not expressly granted to you under these Terms of Use.

Contact: If you have any questions about these Terms of Use, please feel free to contact us at info@themediterraneandish.com.