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.

1. 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:

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 Providers 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 On-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.

1. 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.

2.  LEGACY REWARDS PROGRAMS

Ambassador, Advocate, and Friend programs have been discontinued.

3. 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.

4. 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.

5. 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:

1. Make any commercial use of the App or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
2. download, copy, or transmit any Content for the benefit of any merchant other than Snap Kitchen;
3. 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;
4. frame, mirror, or use framing techniques on any part of the App;
5. 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;
6. use any meta tags or any other hidden text utilizing Snap Kitchen's name or trademarks;
7. 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;
8. use a buying agent to conduct transactions on the App;
9. conduct fraudulent activities on the App;
10. violate or attempt to violate the security of the App, including, without limitation:
11. accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
    1. trying to change the functionality of the App;
    2. attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;
    3. 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";
    4. forging any header or any part of the header information in any e-mail or posting; or
    5. forging communications on behalf of the App (impersonating the App) or to the App (impersonating another user);
12. send unsolicited or unauthorized email on behalf of Snap Kitchen, including promotions and/or advertising of products or services;
13. 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;
14. 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;
15. harvest or collect personally identifiable information about other users of the App;
16. restrict or inhibit any other person from using the App (including, without limitation, by hacking or defacing any portion of the App);
17. use the App to advertise or offer to sell or buy (other than from Snap Kitchen) any goods or services;
18. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the App;
19. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the App; or
20. remove any copyright, trademark, or other proprietary rights notice from the App or materials originating from the App.

6. 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.

7. 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.

8. 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.

9. 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.

10.  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:

1. 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].");
2. 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;
3. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email address (if available);
4. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. 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";
6. 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";
7. Be signed by the copyright owner or owner’ agent, in physical or electronic form; and
8. 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

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.