Privacy and Terms

Privacy Policy Snap Kitchen respects your privacy and is committed to protecting it through our compliance with this policy. As used in this Privacy policy, "Snap Kitchen,” "we" and "us" refers to Snap Kitchen Investments, LLC and each of its subsidiaries and affiliates. This policy describes the types of information we may collect from you or that you may provide when you visit the website located at snapkitchen.com, any of our social media sites, Snap Kitchen's iOS app, Android app or web app, or any other online site hosted or managed by us (collectively, the "Site") and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect on this Site and in email, text, and other electronic messages between you and this Site. It does not apply to information collected by us offline or through any other means, including on any website operated by any third party or by any third party that may link to or be accessible from or on the Site. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the Site. By accessing or using the Site, you agree to the terms of this privacy policy. We may update this privacy policy from time to time. The updated version will be indicated by an updated “Last updated” date below and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information. Your continued use of the Site after we make changes is deemed to be acceptance of those changes. Information We Collect We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include: Publicly available information from government records; Deidentified or aggregated consumer information; Information excluded from the scope of the California Consumer Privacy Act of 2018 (“CCPA”), like: health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994. In particular, we have collected the following categories of personal information from our consumers within the last twelve (12) months: Category Common Examples A. Identifiers A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number and other similar identifiers. B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) A name, signature, social security number, physical characteristics or description, address and telephone number. Some personal information included in this category may overlap with other categories. C. Protected classification characteristics under California or federal law Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability or sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions). D. Commercial information Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. E. Internet or other similar network activity Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. F. Geolocation data Physical location. G. Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes Product preferences, frequency of orders, household size, and other items that may be deduced from the above. This personal information is required to provide our products and services to you. If you do not provide personal information we ask for, it may delay or prevent us from providing our products and services to you. We collect this information: Automatically as you navigate through the Site, which information may include usage details, IP addresses, and other information collected through cookies, web beacons, and other tracking technologies described in the Section titled “Information We Collect Through Automatic Data Collection Technologies” below; When you purchase, order, return, exchange or request information about our products and services while using the Site; When you participate in interactive features on the Site; When you sign up for our e-mails, mobile messages, or social media notifications as described in the section titled “Information We Collect Through Social Media” below; When you enter a contest or sweepstakes, respond to one of our surveys, or participate in a focus group as described in more detail under the section titled “Information We Collect Through Surveys and Polls” below; when you provide us with comments, suggestions, or other input; and Directly from you when you otherwise provide it to us. Information We Collect Through Automatic Data Collection Technologies As you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: Details of your visits to the Site, such as traffic data, location data, logs, and other communication data and the resources that you access and use on the Site; and Information about your computer and internet connection, including your IP address, operating system, and browser type. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (e.g., behavioral tracking). The information we collect automatically is only statistical data. It helps us to improve the Site and to deliver a better and more personalized service, including by enabling us to: Estimate our audience size and usage patterns; Store information about your preferences; Speed up your searches; and Recognize you when you return to the Site. Information We Collect Through Registration We distribute an electronic newsletter, personalized content, notifications and recommendations and may launch additional products in the future. When you subscribe to our service, you will be asked for certain information – such as name, email phone number, address, zip code, dietary restrictions and other information - so that we can customize our products to suit your needs. The more of this information you choose to share with us, the better we can tailor information specifically for you. Information We Collect Through Social Media To enable our push notification and other mobile communication services, we may collect and store device IDs to identify each unique mobile device that registers for our service, including for example, device tokens from iOS devices, Live IDs from Windows devices, and other similar identifications from devices running on other platforms. These IDs cannot be tracked back to you, but are tied to a specific device which may only be used by one person. We may collect information including location-related information, internet protocol addresses, mobile device models, carrier information, the operating system of your mobile devices and other non-personally identifiable information. Information We Collect Through Surveys and Polls From time to time, users of our Site may be asked to participate in voluntary surveys and polls. As a part of this process you may be asked to supply personal information such as demographic information and lifestyle preferences. These surveys will be strictly voluntary and you can choose whether or not to disclose this information. Information You Provide to Us If you contact us on or through the Site, the information we collect may include personal information such as name, e-mail address, mailing address, telephone number, birth date, dietary restrictions, and any other information you provide to us, including records and copies of your correspondence. How We Use Your Information We use information that we collect about you or that you provide to us, including any personal information, to: Fulfill and manage purchases, orders, payments, returns, exchanges and requests for information; Deliver coupons, mobile coupons, newsletters, in-store messages, emails and mobile messages including, for example, by push notification, SMS or other mobile communications; Send marketing communications and other information regarding products, services and promotions; Improve the effectiveness of the Site, website, stores, mobile experience and marketing efforts; Conduct research and analysis, including focus groups and surveys; Administer sweepstakes and contests; Prevent fraudulent transactions and monitor against theft; Assist law enforcement and respond to subpoenas; and For any other purpose with your consent. In addition, we use the User-ID feature of Google Analytics to help us enhance your user experience. User-ID lets us associate a persistent ID for you with your engagement data from one or more sessions initiated from one or more devices. This ability to connect your contacts with us into a single thread also provides us with a more unified, holistic story about your relationship with our business. We will use information received through our use of User-ID in the manner described above. If you would like to opt-out of our use of this service, you may do so by following the instructions found under “Updating Personal Information” below. Promotional Communications We may use your personal information to send you updates (by email, text message, telephone or mail) about our products and services, including exclusive offers, promotions or new products or services. By creating an account and providing us with your phone number, you consent to receive recurring automated promotional and personalized marketing text messages from Snap Kitchen at the number provided (for example, cart reminders), including messages sent by autodialer. Consent to receipt of such messages is not a condition of any purchase. Message frequency varies, and you may reply “Help” for help, or “Stop” to cancel the messages. Message and data rates may apply. We have a legitimate interest in processing your personal information for promotional purposes (see above “How We Use Your Information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly. You have the right to opt out of receiving promotional communications at any time by: Contacting us at the email, address, or phone number listed in Section 13; Using the “unsubscribe” link in emails or “STOP” number in texts; or [updating your marketing preferences on the Site.]1 We may ask you to confirm or update your marketing preferences if there are changes in the law, regulation, or the structure of our business. Disclosure of Your Information We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy: To our affiliates, in which case we will require our affiliates to honor this privacy policy; To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about the Site users is among the assets transferred; Other third parties we use to help us run our business, such as marketing agencies or website hosts; Social media sites you choose to link your account to or third-party payment providers; With certain business partners to provide requested services that we do not provide directly; To fulfill the purpose for which you provide it; and With your consent. We may also disclose your personal information: To comply with any court order, law, or legal process, including to respond to any government or regulatory request; To enforce or apply our Terms & Conditions, which are located at https://www.delivery.snapkitchen.com/terms/; and If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers or others. In the preceding twelve (12) months, Company has not disclosed or sold personal information. Privacy of Mobile Applications With respect to your use of the mobile application portion of our Site (the “App”), the App may include functionality to allow you to create a shopping list, search or add products to a favorites list, check price or product availability, print coupons and engage in a wide variety of other activities and services. In addition, the App may collect certain information automatically, such as the type of mobile device you use, the temporary or persistent unique device identifiers (sometimes called UDID) placed by us or our service providers, the unique identifier assigned by us to your device, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the App. Additionally, the App collects precise information about the location of your device. You must first provide permission through your device before our App obtains such location information from technologies like GPS, Wi-Fi, or cell tower proximity (or a combination of these technologies). We, and our service providers, may use and store this information, in combination with other location-based information such as the IP address and billing or postal code provided by you at time of your App registration, to provide enhanced location based services, such as store specific services, search results, and other content. You can stop all collection of information by the App easily by uninstalling the App. Also, you may at any time opt-out from further allowing us to have access to your location data by adjusting the permissions in your mobile device. Our Use of Tracking Technologies The technologies we use for this automatic data collection may include: Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site. Flash Cookies. Certain features of the Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. Web Beacons. Pages of the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). When you visit the Site, we may place one or more cookies in your browser. These are required to enable to hold session information as you navigate from page to page within the Site. In addition, we use cookies on the Site to understand visitor and user preferences, improve their experience, and track and analyze usage, navigational and other statistical information. Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of the Site. Our Retention of Your Information We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted, whether by law or otherwise (for example, to respond to any questions, complaints, or claims made by you or on your behalf, or for tax, accounting or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. Our Protection of Your Information We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and as such, transmission of personal information to and from the Site is at your own risk. You should only access the Site within a secure environment. Children Parents should always supervise their children while online. The Site is not designed or intended to collect personal information from children under the age of thirteen. So that we may comply with the Children’s Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on the Site. If a child under the age of thirteen has provided us with personal information, we ask that a parent or guardian contact us at the email address provided below. Updating Personal Information Based on the laws of some jurisdictions, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please contact us at the email address provided below. We will respond to your request within 30 days. Upon your request to delete information we have stored about you, we will delete your information. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms & Conditions, and/or comply with legal requirements. Do Not Track Features Most web browsers and some mobile operating systems and mobile applications include a Do­Not­Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy policy Notices for California Residents This Section 12 applies to applies to all visitors, users, and others who reside in the State of California and is adopted to comply with the CCPA. This Section does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals. The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. Access to Specific Information and Data Portability Rights You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will disclose to you: •The categories of personal information we collected about you; •The categories of sources for the personal information we collected about you; •Our business or commercial purpose for collecting or selling that personal information; •The categories of third parties with whom we share that personal information, if any; •The specific pieces of personal information we collected about you (also called a data portability request); •If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: sales, identifying the personal information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained. Deletion Request Rights You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you; Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.); Debug to identify and repair errors that impair existing intended functionality; Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent; Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; Comply with a legal obligation; or Make other internal and lawful uses of that information that are compatible with the context in which you provided it. Exercising Access, Data Portability, and Deletion Rights To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either: •Calling us at the number provided below; or •Sending us an email at the address provided below. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent please e-mail us at the email address provided below and provide your name and phone number as well as the authorized agents’ name and contact information (phone number or email address) and let us know what the scope of the authorized agents’ rights are to act on your behalf. If your authorized agent requests sensitive information about you then we may ask you to provide us with a sworn declaration to further verify your identity. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: •Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include your full name, email address, phone number and zip code. •Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. Response Timing and Format We attempt to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or unreasonable. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Non-Discrimination We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: •Deny you goods or services. •Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. •Provide you a different level or quality of goods or services. •Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. “Shine the Light” Law California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request, including your full name, email address and postal address, to us in writing to at: [email protected], or by mail to California Privacy Information c/o Snap Kitchen Investments, LLC, 9330 United Drive, Suite 100, Austin, Texas 78758. Opt-Out You have the right under the CCPA and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your personal information. If you exercise your right to opt-out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt out of the sale or disclosure of your personal information, contact us in writing at: [email protected] or by mail to California Privacy Information c/o Snap Kitchen Investments, LLC, 9330 United Drive, Suite 100, Austin, Texas 78758. In addition, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210 or by email to [email protected]. Please note that you may only make a CCPA-related data access or portability disclosure request twice within a 12-month period. Contacting Us If you have questions regarding this privacy policy or wish to obtain additional information or exercise any of your rights as described in this Privacy Policy, please send an e-mail to our Data Protection Officer at [email protected], send mail to us at PO Box 28907, Austin, TX 78755 or call us at (833) 798-1600. If you choose to contact us in one of the foregoing manners, you will need to provide us with: (1) enough information to identify you (e.g., your full name, address, and customer or order reference number), (2) proof of your identity and address (e.g., a copy of your driver’s license or passport and a recent utility or credit card bill), and (3) a description of what right you want to exercise and the information to which your request relates. We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf. Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification. Last updated: April 21st, 2023

These Terms & Conditions apply to the Snap Kitchen application including, without limitation, Snap Kitchen's iOS app, Android app or web app, and the Snap Kitchen website located at snapkitchen.com or delivery.snapkitchen.com, (collectively, the "App"). As used in these Terms & Conditions, "Snap Kitchen", "us", or "we" refers to Snap Kitchen Investments, LLC and its subsidiaries and affiliates. YOUR USE OF THE APP IS GOVERNED BY THESE TERMS & CONDITIONS BY ACCESSING OR OTHERWISE USING THE APP, YOU AGREE TO THESE TERMS & CONDITIONS IN THEIR ENTIRETY. Any person or entity who interacts with the App through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is deemed to be using the App and bound by these Terms & Conditions. We may revise and update these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter. However, any changes to the provisions set out in Section XXII and Section XXIII will not apply to any disputes for which we have actual notice before the date the change is posted on the App. Your continued use of the App following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page each time you use the App, so you are aware of any changes, as they are binding on you. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using all or any part of the App. All information we collect on this App is subject to our Privacy Policy, located at https://www.snapkitchen.com/privacy/ (“Privacy Policy”). By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. ORDER METHODS Snap Kitchen allows customers to make purchases by using either: (1) Direct Ship memberships; (2) Snap Pass memberships; or (3) Online On-Demand orders (each, an “Order Method”). The following terms regarding ordering and shipment are applicable to Order Methods as specified: SHIPPING & HANDLING: All Order Methods You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase products from our App, any shipping times shown are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, products for resale or export. Upon delivery at the address specified in the applicable order, ownership and the risk of loss with respect to the products pass to you. Following delivery, you, and not Snap Kitchen, are solely responsible for the proper and safe preparation, storage and cooking of the products. By ordering any of our products, you agree to use and consume our products at your own risk. To receive shipments, you must live in a residential apartment or home, or receive permission from your employer or business owner to receive shipments to a business address. In addition, you may get your products shipped to a location designated by the shipper. Shipments may not be scheduled to business addresses for Saturday or Sunday delivery. Shipments to business addresses may arrive any time before 9 p.m. and are not guaranteed to arrive within specified "business hours". If you are not at home when your shipment arrives, in certain geographical areas, the courier will generally leave the package for you at your door, unless other delivery instructions have been communicated to you. Our products may be packaged with cooler bags or insulated liners and gel packs and will typically remain cold and fresh for several hours, however the length of time the products remain cold and fresh will depend on the season and temperature in your geographic area at the time of delivery. You should plan for immediate and proper cold storage (40° F or lower) of your products after delivery, prior to consumption. If something is missing from your shipment, please contact us at [email protected]. In the case of inclement weather or other events beyond our control that interfere with our (or a third party’s) ability to deliver your order, we will attempt to deliver or cause your order to be delivered as soon as reasonably possible. If timely delivery of your products is not feasible, we may cancel your product delivery for the period so affected and issue you a credit or refund of the purchase price for that product delivery. DELIVERIES AND FOOD SAFETY: All Order Methods You are responsible for inspecting all products for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the products you receive. We recommend that you use a thermometer to ensure that the internal temperature of any meat, poultry or seafood Product is 40° F or below. In the unlikely event that such temperature is above 40° F, or you have any other reason to believe that any item in your delivery or purchase is not suitable for consumption, contact us at [email protected] and discard the item. We require validation of claims such as photos of damaged items. To maintain the quality and integrity of our products, we recommend that you immediately refrigerate or freeze all perishable items upon receipt and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety (https://www.fsis.usda.gov/food-safety/safe-food-handling-and-preparation/food-safety-basics"). We also recommend that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are reheated to the USDA’s recommended internal temperatures. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the USDA recommendations on food consumption for at-risk groups. All Snap Kitchen production facilities actively store, portion, and distribute ingredients that may contain any of the seven (7) major food allergens determined by the U.S. Food and Drug Administration (“FDA”) (milk, egg, soy, fish, shellfish, peanuts and tree nuts). While Snap Kitchen takes precautions to reduce the risk of cross-contamination between ingredients and food products, cross-contamination may unintentionally occur during production and transit, which may cause products or other products offered by Snap Kitchen to contain some or all of those allergens. If you suspect that you have an allergic reaction or other adverse health event, immediately contact your health care provider and/or seek immediate medical treatment. In addition, due to the variable nature of ingredient availability, nutritional information provided by Snap Kitchen may differ from the nutritional information published. THIRD PARTY INFORMATION AND MERCHANTS: All Order Methods In certain cases, Snap Kitchen may permit you to order and receive products, information and services from third parties that are not owned or operated by Snap Kitchen. In such instances, Snap Kitchen acts only as the link between you and such third parties. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services and/or information ordered or received from such third parties are covered by their respective customer agreements and policies and are matters that should be addressed solely between you and such third parties. Snap Kitchen makes no representations or warranties of any kind, express or implied, regarding the merchandise, services and/or information received from such third parties and the fact that Snap Kitchen makes such products, information, and services available to you is not, and should not be construed as, an endorsement of the third parties and/or the products, services, and information that they provide. You agree that Snap Kitchen shall have no obligation and incur no liability to you in connection with any products, information and/or services from third parties that are not owned or operated by Snap Kitchen. Weight Loss and Health Claims: All Order Methods Snap Kitchen provides information regarding its products for informational purposes only. Any weight loss and health results mentioned on the App, whether by Snap Kitchen or others, are not guaranteed. Your results may vary considerably from those described through the App. You expressly acknowledge that Snap Kitchen does not make any express or implied claims or guarantees that you will achieve or maintain any specific results through your use of Snap Kitchen's products and services. Snap Kitchen does not refund any payments or agree to cancel your participation in a membership plan based on your failure to achieve your desired results. Snap Kitchen products and membership plans are not medically-supervised. You should seek the advice of a physician or dietary consultant before starting any dietary program to ensure it is suitable for your specific dietary needs. Snap Kitchen does not suggest or represent that any of our programs have been approved for your individual use by a physician or other medical professional. In addition, Snap Kitchen does not guarantee the accuracy, completeness, or usefulness of any nutritional information of any product or membership plan or adopt, endorse, or accept responsibility for the accuracy, completeness or usefulness of any nutritional information regarding any product or membership plan. Snap Kitchen does comply, where applicable, with FDA and USDA regulations related to Nutrition and Labeling Law requirements. DELIVERY POLICY: All Order Methods We will attempt to deliver your order as soon as possible. We reserve the right not to deliver, or to delay delivery (as applicable): outside our designated delivery times; outside our delivery zone; in inclement weather or dangerous driving conditions; to minors; to customers in public establishments; or in those instances in which we believe our delivery would conflict with, compromise or affect our business. You will be charged for your order even if we are unable to deliver your order because you provided an inaccurate address or other inaccurate delivery information. If you request that your order be left at your door or another specified location, rather than delivered to you personally, you will be responsible for any and all loss, spoilage, theft, infestation or damage to the product occurring after the product has been delivered, and any such loss, spoilage, theft, infestation, or damage shall not excuse you from your obligation to pay for such product. You will be charged for your order even if you are not at the designated location at the time of delivery, or we are unable to contact you. Delivery time frames listed on the App are estimates and do not guarantee delivery within the time listed. THIRD PARTY DELIVERY SERVICE: All Order Methods You acknowledge that we use national and regional third-party delivery services (collectively, the "Delivery Services") to deliver your order. When you place your order with us, we will provide your name, address, contact information, including phone number, and information regarding your order to the Delivery Service so that they may deliver your order to you. In addition, we may provide other information to the Delivery Service, such as information regarding comments, reviews or ratings we receive from you regarding the Delivery Service to help improve the quality of their service. You agree that we may provide the foregoing information to the applicable Delivery Service. OUT-OF-STOCK ITEMS: All Order Methods If you order an item that is not in stock, we will attempt to designate a replacement item or remove and credit the item. EDITING, SKIPPING OR CANCELING ORDERS: All Order Methods Orders may be modified, skipped, or canceled any time before their lock date that is communicated and visible on the App with respect to such order (the “Lock Time”). Any modifications, skips, or cancellations requested after the Lock Time will be deemed to be rejected by Snap Kitchen. AUTO-RENEWAL, PRICES AND PAYMENT: DIRECT SHIP MEMBERSHIPS AND SNAP PASS MEMBERSHIPS We offer weekly membership plans through which you will receive a specified number of products each week. The price for your membership plan will depend on the number and type of products you specify and will be shown on the order page on the App. All prices shown on the App are subject to change at any time without notice. The price available through the App reflects the price available at the current time, in your current market area, and supersedes any and all prior prices listed or communicated for any product or plan. We may offer promotional pricing (as described below), frequency discounts, incentive pricing, loyalty discounts and other alternative pricing structures for some or all of our membership plans to some or all of our customers from time to time at our discretion. We reserve the right to discontinue, modify or extend such pricing at our discretion without prior notice to you. Snap Kitchen reserves the right at any time to change its billing methods. If a payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. When you register for a membership plan, you agree that Snap Kitchen or its third-party payment processor is authorized to charge you for your weekly membership plan, in advance, plus any taxes, delivery fees, or other applicable charges, for as long as your membership plan continues. All plans are continuous membership plans, and your membership plan will continue until you cancel it or we suspend or cancel your account. We pre-authorize your payment 24 hours prior to the Lock Time and the charge is fully captured when the order locks in the system. If an order is skipped, the preauthorization charge will be removed within 3-5 business days thereafter. THE MEMBERSHIP SERVICE CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC CHARGES AS AGREED TO BY YOU. WHEN YOU REGISTER FOR THE MEMBERSHIP SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SNAP KITCHEN (OR OUR THIRD-PARTY PAYMENT PROCESSOR(S)) IS AUTHORIZED TO SUBMIT PERIODIC CHARGES (E.G., WEEKLY), UNTIL YOU PROVIDE ADVANCE NOTICE THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD (SUCH NOTICE OF WHICH WILL NOT AFFECT CHARGES SUBMITTED BEFORE SNAP KITCHEN REASONABLY COULD ACT). YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE INDEFINITELY UNLESS IT IS CANCELED BY YOU OR US IN ACCORDANCE WITH THESE TERMS OF USE. PRICES AND PAYMENT: ONLINE DEMAND ORDERS All prices shown on the App are subject to change at any time without notice. The price available through the App reflects the price available at the current time, in your current market area, and supersedes any and all prior prices listed or communicated for any product or plan. We may offer promotional pricing (as described below), incentive pricing, loyalty discounts and other alternative pricing structures for some or all of our customers from time to time at our discretion. We reserve the right to discontinue, modify or extend such pricing at our discretion without prior notice to you. Snap Kitchen reserves the right at any time to change its billing methods. If a payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. PROMOTIONS: All Order Methods Snap Kitchen may, from time-to-time, offer promotions or other contests in which you may receive food items, products, merchandise and other items (each, a "Contest"). By entering a Contest, you agree to be bound by these Terms & Conditions. Any violation of these Terms & Conditions may result in disqualification. All decisions regarding a Contest shall be made by us and all such decisions are final and binding in all respects. The prizes will be determined by Snap Kitchen in its sole discretion and may be changed, altered or substituted by Snap Kitchen before or during the term of the applicable Contest. All federal, state and/or local income and other taxes resulting from a Contest, if any, are your sole responsibility. SNAP KITCHEN MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH RESPECT TO ANY CONTEST. ANY ATTEMPT BY YOU TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO IMMEDIATELY CANCEL YOUR ACCOUNT AND TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Cancellation: Direct Ship Memberships and Snap Pass Memberships A MEMBERSHIP MAY BE CANCELED AT ANY TIME THROUGH THE APP, PROVIDED THAT NO PRODUCT OR ORDER MAY BE CANCELED AFTER THE APPLICABLE “LOCK TIME.” CANCELATION OF YOUR MEMBERSHIP WILL BE EFFECTIVE FOR ALL FUTURE PRODUCTS OTHER THAN THOSE FOR WHICH THE LOCK TIME HAS ALREADY OCCURED AS OF THE TIME OF CANCELLATION. THE CUSTOMER IS SOLELY RESPONSIBLE FOR CANCELING THEIR ORDER OR MEMBERSHIP PRIOR TO THE LOCK TIME LISTED ON THE APP. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE AMOUNT PAID FOR LOCKED ORDERS. YOU WILL NOT BE CHARGED FOR ANY CANCELLATION. YOU CAN RE-JOIN AT ANY TIME FOLLOWING YOUR CANCELLATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT REJOINING WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A MEMBERSHIP SERVICE. CANCELLATION ONLINE: ON-DEMAND ORDERS After you have placed an on-demand order, you will have 15 minutes to cancel any pick-up order, and 5 minutes to cancel any delivery order (such time, the “Cancellation Window”). After the applicable Cancellation Window has passed, you will be charged for your order regardless of whether you pick up such an order, and you will not be eligible for any refund or credit with respect to such order. THE CUSTOMER IS SOLELY RESPONSIBLE FOR CANCELING THEIR ORDER WITHIN THE CANCELATION WINDOW. FORCE MAJEURE We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that are caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government. Our performance under these Terms of Use is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms of Use may be performed despite the Force Majeure Event. PAYING WITH ACCOUNT CREDIT (Snap Funds) If you are paying with an account credit (Snap Funds), we will pre-authorize your credit card with a $1.00 charge. If you are paying by credit card, we will pre-authorize your credit card to verify availability of funds. In either case, if the order is modified prior to pick-up or delivery, any overage will be charged to your credit card. LEGACY REWARDS PROGRAMS Ambassador, Advocate, and Friend programs have been discontinued. PROPRIETARY RIGHTS The App and all of its features, functionality, and content, such as recipes, product planners, guides, shopping lists, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material (collectively "Content") are owned by Snap, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms & Conditions permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as follows: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your web browser for display enhancement purposes; and (3) you may print or download proof of payment or information regarding your orders, for your personal purposes. Accessing, downloading, printing, posting, storing, or otherwise using the App or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. Nothing in these Terms & Conditions or otherwise will be deemed to grant to you an ownership interest in the App or the Content, in whole or in part. TRADEMARKS The mark “SNAP KITCHEN” and the SNAP KITCHEN logos and other related marks, design marks, product names, feature names and related logos used in the App are trademarks of Snap Kitchen and may not be used, copied, or imitated, in whole or in part, without the express prior written permission of Snap Kitchen. In addition, the look and feel of the App constitutes the service mark, trademark and/or trade dress of Snap Kitchen and may not be copied, imitated or used, in whole or in part, without the express prior written permission of Snap Kitchen. Snap Kitchen's trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages Snap Kitchen or suggests a sponsorship, affiliation or endorsement by Snap Kitchen. UNLAWFUL OR PROHIBITED USES The App may only be used for lawful purposes in accordance with these Terms & Conditions. As a condition of your use of this App, you represent and warrant to Snap Kitchen that you will not use the App for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, unless you have the express prior written consent of Snap Kitchen, YOU MAY NOT: Make any commercial use of the App or its Content, including making any collection or use of any product listings, descriptions, prices, or images; download, copy, or transmit any Content for the benefit of any merchant other than Snap Kitchen; use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the App; frame, mirror, or use framing techniques on any part of the App; make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing App content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except as permitted by Section V; use any meta tags or any other hidden text utilizing Snap Kitchen's name or trademarks; misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the App, or express or imply that we endorse any statement you make; use a buying agent to conduct transactions on the App; conduct fraudulent activities on the App; violate or attempt to violate the security of the App, including, without limitation: accessing data not intended for you or logging onto a server or an account that you are not authorized to access; trying to change the functionality of the App; attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the App, overloading, "flooding," "spamming," "mailbombing", or "crashing"; forging any header or any part of the header information in any e-mail or posting; or forging communications on behalf of the App (impersonating the App) or to the App (impersonating another user); send unsolicited or unauthorized email on behalf of Snap Kitchen, including promotions and/or advertising of products or services; tamper with the App or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the App or any activity being conducted on the App; use the App to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity; harvest or collect personally identifiable information about other users of the App; restrict or inhibit any other person from using the App (including, without limitation, by hacking or defacing any portion of the App); use the App to advertise or offer to sell or buy (other than from Snap Kitchen) any goods or services; reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the App; modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the App; or remove any copyright, trademark, or other proprietary rights notice from the App or materials originating from the App. YOUR ACCOUNT You may be required to register with Snap Kitchen in order to access certain services or areas of the App. If you are required to register with Snap Kitchen, we may not be able, or we may refuse, to provide you with the user name you request. Your user name and password are for your personal use only. If you use the App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Snap Kitchen including those set forth in these Terms & Conditions, Snap Kitchen reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders. PUSH NOTIFICATIONS If the App includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile device. These notifications may include information regarding your order, such as a confirmation of our receipt of your order, the status of the delivery, or a notice that your order has been delayed or canceled. The notifications may be in the form of badge, alert or pop-up messages, and may be delivered to your device even when the App is running in the background. You have the ability, and it is your responsibility, to control the notifications you do, or do not, receive through your device. MODIFICATION AND TERMINATION Snap Kitchen may at any time: (i) modify or discontinue any part of the App; or (ii) offer opportunities to some or all App users. Snap Kitchen reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your account or your use of the App and to block or prevent future access to and use of the App. Upon any such termination, your right to use the App will cease. You agree that we shall not be liable to you or any third party for any termination of your access to the App. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, and all representations and warranties, all limitations of liability, and all indemnities, shall survive such termination. USER REVIEWS, COMMENTS, AND SUBMISSIONS If the App allows you to submit reviews, comments, and other communications, photos, videos, or any other content ("User Content") through or to the App, Snap Kitchen welcomes such User Content as long as the User Content submitted by you complies with these Terms & Conditions. You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, images, or other material, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Snap Kitchen assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party including, without limitation, a Delivery Service. For any User Content you submit, you grant to Snap Kitchen a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, you agree not to send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Snap Kitchen the right, without any obligation, to include the name provided along with the User Content submitted by you. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory. Content is also provided by third party visitors to the App. Please note that visitors to the App may post content that is inaccurate, misleading, or deceptive. Snap Kitchen neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Snap Kitchen will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not be factual or reflect the opinions of Snap Kitchen. DMCA NOTICE – NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Snap Kitchen's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the App can be identified and removed using the process listed below, and you agree to fully comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Snap Kitchen's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Snap Kitchen that you believe your copyrighted material has been infringed. Snap Kitchen does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Snap Kitchen will respond by either taking down the allegedly infringing content or blocking access to it. Snap Kitchen may contact the notice provider to request additional information. Under the DMCA, Snap Kitchen is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Snap Kitchen a counter-notification. Notices and counter-notices are legal notices distinct from regular App activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney. To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice. A DMCA notice must: Identify specifically the copyrighted work(s) believed to have been infringed and where it is located (for example, "My copyrighted work is the picture that appears at [list location where material is located]."); Identify the material that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the App (URL preferred if applicable). The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible; Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email address (if available); If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred); Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; Be signed by the copyright owner or owner’ agent, in physical or electronic form; and Be sent to our DMCA designated agent at the following address: DMCA Designated Agent: Legal Department Snap Kitchen Investments, LLC 3103 Bee Caves Road, Suite 135 Austin, TX 78746 LINKS TO THIRD PARTIES The App may contain links and interactive functionality interacting with third parties, including social media applications and product manufacturers' applications. Snap Kitchen is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such application. Before enabling any sharing functions of the App to communicate with any such application or otherwise visiting any such application, you agree to review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party application. The links and interactive functionality for third party applications on the App do not constitute an endorsement by Snap Kitchen of such third-party application. Other applications may link to the App with or without our authorization, and we may block any links to or from the applications, in our sole discretion. YOU RECOGNIZE AND AGREE THAT YOUR USE OF THIRD-PARTY APPLICATIONS AND RESOURCES IS AT YOUR OWN RISK. DATA PROTECTION / PRIVACY POLICY Snap Kitchen recognizes that the protection of privacy is a major concern to many of our customers and wants you to know how we acquire personal information through the App and how we use, share and protect that information. By using this App, you are consenting to the information collection, use and disclosure practices described in our Privacy Policy. DISCLAIMERS OF WARRANTIES You understand that Snap Kitchen cannot and does not represent or warrant that the App will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements. THE APP AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP (COLLECTIVELY, THE "APP CONTENTS") ARE PROVIDED BY SNAP KITCHEN ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SNAP KITCHEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP, THE ACCURACY OR COMPLETENESS OF THE APP CONTENTS, THE SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE APP, OR THAT EMAILS OR OTHER COMMUNICATIONS SENT FROM SNAP KITCHEN ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. SNAP KITCHEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APP OR THE APP CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY SNAP KITCHEN IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, SNAP KITCHEN DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE APP AND THE APP CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF PRODUCTS ARE PROVIDED BY THIRD PARTIES, SUCH AS DELIVERY SERVICES, THROUGH THE APP, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS OR SERVICES. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT OR SERVICE REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH PROVIDER AND NOT BY SNAP KITCHEN. IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE APP, SNAP KITCHEN DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PRESENTED THROUGH OUR APP AND YOU SHOULD CONSULT EACH PRODUCT'S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT. THIRD PARTY NAMES, MARKS, PRODUCTS, ADVERTISEMENTS, OR SERVICES OR POP-UP TEXTS OR LINKS TO THIRD PARTY APPLICATIONS MAY APPEAR ON THE APP. IN NO EVENT WILL SNAP KITCHEN BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE APP, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY APPLICATION, OR ANY LINK CONTAINED IN A LINKED APPLICATION. IF YOU DECIDE TO LINK TO ANY SUCH THIRD-PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK. JURISDICTIONAL ISSUES The App is controlled and operated by Snap Kitchen from the United States and is provided for use only by persons located in the United States. Snap Kitchen does not represent or warrant that the App or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the App, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the App's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. HEALTHCARE INFORMATION IF THE APP INCLUDES HEALTHCARE OR NUTRITIONAL INFORMATION, THAT INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. RELEASE We provide information through the App for your information and enjoyment. Your use of the App is strictly voluntary. Because some of the information in the App may relate to modifications to your diet, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using the App, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk. To the fullest extent provided by law, you knowingly and voluntarily do hereby release, acquit, waive, forever discharge, and covenant not to sue Snap Kitchen, its employees, directors, officers, agents, representatives, and any related affiliate and/or subsidiary entities from and for liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the information and materials offered by Snap Kitchen through the App. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL SNAP KITCHEN OR ITS EMPLOYEES, DIRECTORS, OFFICERS, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF SNAP KITCHEN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND SNAP KITCHEN. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SNAP KITCHEN. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE APP, ANY CONTENT ON THE APP, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP. YOU ACKNOWLEDGE, BY YOUR USE OF THE APP, THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. INDEMNIFICATION AND DEFENSE As a condition of the use of the App, you agree to defend, indemnify, and hold harmless Snap Kitchen and its respective employees, directors, officers, agents, representatives, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, judgments, awards, costs, fees and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your violation of these Terms & Services, or your use of the App, including, without limitation, any User Content submitted by you, any use of the Contents, services, and products other than as expressly authorized in these Terms & Conditions, or your use of any information obtained from the App. NOTICES AND ELECTRONIC COMMUNICATIONS You consent to receive any and all notices and other communications from Snap Kitchen by: (i) the posting of notices on the App, (ii) transmission by email to the email address provided by you to Snap Kitchen in connection with the creation of your account, or (iii) transmission by mail to the billing address provided by you to Snap Kitchen in connection with the creation of your account. You agree that all agreements, notices, disclosures, and other communications that Snap Kitchen provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the App or an email is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. APPLICABLE LAW; DISPUTES YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE/APP AND ALL DISPUTES OR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF TEXAS OR ANY OTHER JURISDICTION). YOU FURTHERMORE AGREE THAT THE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF TEXAS LOCATED IN TRAVIS COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE APP AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. ARBITRATION Snap Kitchen may, in its sole discretion, require you to submit any claims or disputes arising from these Terms & Conditions or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law. MISCELLANEOUS These Terms & Conditions, including policies and information linked from or incorporated herein (including but not limited to the Privacy Policy), constitute the entire agreement between you and Snap Kitchen with respect to the App and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the App. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. CONTACT US If you have any concerns about Snap Kitchen or your use of the App, please contact us at [email protected] with a detailed description, and we will try to resolve it. LAST UPDATED Last Updated: July 27th, 2023