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TERMS OF SERVICE

Last Updated: April, 28th 2022

Terms and Conditions of Green Chef Corporation, d/b/a Green Chef.

Welcome and thank you for visiting GreenChef.com (“Site”) or our mobile
applications (“App”) and our Terms and Conditions (“Terms”). We’re excited to
change the way you eat for the better and help you feel more empowered in the
kitchen. These Terms are important and affect your legal rights, so please read
them carefully. By visiting or using our Site, our products, our App, or the
features we make available as part of our platform, you agree to be bound by
these Terms and all of the terms incorporated herein by reference including our
Privacy Policy. If you do not agree to these Terms, you may not access or use
our Site, order, receive, or use our products.

PLEASE REVIEW THE TERMS CAREFULLY, PARTICULARLY SECTION 5.2 DETAILING THE
AUTO-RENEWAL SUBSCRIPTION LANGUAGE, SECTION 21.1 RELATED TO ALLERGENS, AND
SECTION 24 RELATED TO BINDING ARBITRATION

GREEN CHEF CORPORATION D/B/A GREEN CHEF (“GREEN CHEF”, “WE,” “OUR,” “US” OR
“COMPANY”) OPERATES THIS SITE AND THE GREEN CHEF APP.

BY CLICKING ON THE “PLACE ORDER & SELECT MEALS” BUTTON, COMPLETING THE
REGISTRATION PROCESS, OR ACCESSING OR USING SITE OR APP, YOU REPRESENT THAT: (1)
YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF
LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (3) YOU HAVE THE
AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF COMPANY YOU
HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS. THE TERM “YOU”
REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER
WHEN YOU REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS,
YOU MAY NOT ACCESS OR USE THIS SITE, THE APP OR THE OFFERINGS (AS DEFINED
BELOW).

IF YOU SUBSCRIBE TO THE SERVICE (AS DEFINED IN SECTION 5 BELOW FOR A TERM, THEN
THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME
DURATION AS THE INITIAL TERM AT GREEN CHEF’S THEN-CURRENT FEE FOR SUCH SERVICES
UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTIONS 5.2
AND 10.3 BELOW.

PLEASE BE AWARE THAT SECTION 24 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS
GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED,
INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO
THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION
AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE
SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE
ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR
CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU
ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT
OF LAW AND TO HAVE A JURY TRIAL.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE
SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF THE
STATE OF NEW YORK CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING
EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY
OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

Please note that the Site, App, the good or service offered through the Site
and/or App, including, but not limited to, the Subscription Service (as defined
in Section 5.1) (“Products”), the text, audio, video, graphics, or other content
featured on the Site or App (“Content”); the Green Chef gift cards or gift
certificates (including, for purposes of these Terms, electronic versions of
both) (“Gift Cards”) and the trial offers, sweepstakes, contests, or promotions
(“Vouchers,” as defined in Section 9); for purposes of these Terms, are
considered to be the “Offerings. Your use of, and participation in, certain
Offerings may be subject to additional terms (“Supplemental Terms”) and such
Supplemental Terms will either be listed in the Terms or will be presented to
you for your acceptance when you sign up to use the supplemental Offering.
Supplemental Terms include Green Chef’s Privacy Policy (“Privacy Policy”), Green
Chef’s Gift Card Terms (“Gift Card Terms”), the rules applicable to the Vouchers
(“Promotion Rules”) and all other applicable Green Chef operating rules,
policies, and other terms and conditions or documents that may be published on
the Site and/or in the App, or which you may be otherwise notified of in
writing. If the Terms are inconsistent with the Supplemental Terms, these Terms
shall control. The Terms and any applicable Supplemental Terms are referred to
herein as the “Agreement.”

AS FURTHER EXPLAINED IN SECTION 3, PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO
CHANGE BY GREEN CHEF IN ITS SOLE DISCRETION AT ANY TIME. When changes are made,
Green Chef will make a new copy of the Terms available at the Site and within
the App and any new Supplemental Terms will be made available from within, or
through, the Site or within the App. We will also update the “Effective Date”
date at the top of the Terms. If you do not agree to any change(s) after
receiving a notice of such change(s), you shall stop using the Site, the App
and/or the Offerings. Otherwise, your continued use of the Site, the App and/or
Offerings constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK
THE SITE TO VIEW THE THEN-CURRENT TERMS

You should print a copy of these terms and conditions for future reference.


1. INFORMATION ABOUT US

Green Chef Corporation, d/b/a Green Chef, is a general corporation incorporated
in the State of Delaware with general corporate offices at: 5490 Conestoga Ct.
Boulder, CO 80301.


2. SERVICE AVAILABILITY AND YOUR STATUS

The Site, the App, and Offerings, are intended for use by individuals in the
contiguous United States of America, excluding Alaska, Hawaii, Puerto Rico, and
other U.S. Territories (“Serviced States”). At this time, we do not accept
orders from individuals outside the Serviced States. As such, by placing an
order through our Site or App, you represent and warrant that you: (1) Are
legally capable of entering into this Agreement; (2) Are at least 18 years old;
(3) Are a resident of a Serviced State; and (4) Are accessing the Site or App
from a Serviced State.


3. MODIFICATION

In our sole discretion, Green Chef shall have the right to change, amend, add
to, remove, or supplement the Agreement (including the Privacy Policy), without
notice to you; provided, however, that: changes to the procedures applicable to
the resolution of disputes shall only apply to disputes which arise after the
modified or additional provision is published on the Site or App.


4. REGISTRATION

4.1 REGISTERING YOUR ACCOUNT

In order to utilize specific features on the Site and App, individuals will need
to become a Registered User. For purposes of the Agreement, a “Registered User”
is a user who has registered an account on the Site (“Account”) or has a valid
account on the social networking service (“SNS”) through which the user has
connected to the Site (each such account, a “Third-Party Account”).

4.2 ACCESS THROUGH A SNS

If you access the Site or App through a SNS as part of the functionality of the
Site and/or App, you may link your Account with Third-Party Accounts, by
allowing Green Chef to access your Third-Party Account, as is permitted under
the applicable terms and conditions that govern your use of each Third-Party
Account. You represent that you are entitled to disclose your Third-Party
Account login information to Green Chef and/or grant Green Chef access to your
Third-Party Account (including, but not limited to, for use for the purposes
described herein) without breach by you of any of the terms and conditions that
govern your use of the applicable Third-Party Account and without obligating
Green Chef to pay any fees or making Green Chef subject to any usage limitations
imposed by such third-party service providers. By granting Green Chef access to
any Third-Party Accounts, you understand that Green Chef may access, make
available and store (if applicable) any information, data, text, software,
music, sound, photographs, graphics, video, messages, tags and/or other
materials accessible through the Site or App that you have provided to and
stored in your Third-Party Account (“SNS Content”) so that it is available on
and through the Site or App via your Account. Unless otherwise specified in the
Agreement, all SNS Content shall be considered to be User Content (as defined in
Section 19) for all purposes of the Agreement. Depending on the Third-Party
Accounts, you choose and subject to the privacy settings that you have set in
such Third-Party Accounts, personally identifiable information that you post to
your Third-Party Accounts may be available on and through your Account on the
Site and/or App. Please note that if a Third-Party Account or associated service
becomes unavailable or Green Chef’s access to such Third-Party Account is
terminated by the third-party service provider, then SNS Content will no longer
be available on and through the Site and/or App. You have the ability to disable
the connection between your Account and your Third-Party Accounts at any time by
accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS
IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS,
AND GREEN CHEF DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION
THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF
THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Green Chef
makes no effort to review any SNS Content for any purpose, including but not
limited to, for accuracy, legality or non-infringement, and Green Chef is not
responsible for any SNS Content.

4.3 REGISTRATION DATA

Should you create an account with Green Chef, you agree to: (1) provide true,
accurate, complete and up-to- date information, as well as updating the
information as necessary; (2) maintain the security of your password and accept
the risks associated with access to your account which is not authorized by you;
(3) notify us as soon as possible either at help@greenchef.com or call
888-236-7295 if you believe there have been any breaches to the security of the
Site, the App, or your account information; and (4) exit from your Account at
the end of each session. You represent that you are (A) at least thirteen (13)
years old; (B) of legal age to form a binding contract; and (C) not a person
barred from using the Site or App under the laws of the United States, your
place of residence or any other applicable jurisdiction. You are responsible for
all activities that occur under your Account. You agree that you shall monitor
your Account to restrict use by minors, and you will accept full responsibility
for any unauthorized use of the Site and App by minors. You may not share your
Account or password with anyone If you provide any information that is untrue,
inaccurate, not current or incomplete, or Green Chef has reasonable grounds to
suspect that any information you provide is untrue, inaccurate, not current or
incomplete, Green Chef has the right to suspend or terminate your Account and
refuse any and all current or future use of Site, App, or Offerings (or any
portion thereof). You agree not to create an Account using a false identity or
information, or on behalf of someone other than yourself. You agree that you
shall not have more than one Account per platform or SNS at any given time.
Green Chef reserves the right to remove or reclaim any usernames at any time and
for any reason. You agree not to create an Account or use the Site or App if you
have been previously removed by Green Chef, or if you have been previously
banned from the Site or App. You acknowledge and agree that you shall have no
ownership or other property interest in your Account, and you further
acknowledge and agree that all rights in and to your Account are and shall
forever be owned by and inure to the benefit of Green Chef. YOU WILL BE SOLELY
RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR
ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY
AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND
TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL
OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

4.4 COMMUNICATION

By providing your phone number to Green Chef through the Site, App, or in
connection with your order, receipt or use of our Products, you consent to
receive calls or text messages, including calls or text messages sent through
automatic telephone dialing systems and pre-recorded calls at any telephone
number that you have provided us, in order for us to: (i) notify you about your
account; (ii) provide you updates on the status of your order and/or delivery;
(iii) collect an outstanding payment or debt; (iv) contact you about exclusive
offers and for any other marketing or promotional purposes; and (v) send you
cart reminders. If you elect to receive text messages or phone calls from us,
either via our Site, App, or by sending a text message to us indicating your
consent, you are providing your prior express written consent to receive
recurring marketing or promotional telephone calls and/or SMS text messages from
us (each, a “Call” or “Text Message”), including your consent to marketing
messages and calls sent through an automatic telephone dialing system. This
service is optional and is not a condition of purchase. Message frequency
varies. You can opt out of receiving further Text Messages or Calls at any time.
To opt out of Text Messages from us, reply “STOP” at any time to any Text
Message you receive from us. For help, reply “HELP” to any Text Message you
receive from us or contact customer care here. Message and data rate may apply.
Please contact your mobile phone carrier for details. Under no circumstances
will we or our affiliates be responsible for any SMS messaging or wireless
charges incurred by you or by a person that has access to your wireless device
or telephone number. Text Message services are provided on an “as is” basis.
Data obtained from you in connection with any Text Message services may include
your mobile number, your mobile provider’s name and the date, time, and content
of your Text Messages. We may use this information in accordance with our
Privacy Policy to contact you. If you change or deactivate a phone number you
have provided to Green Chef, you have an affirmative obligation to update your
account information and the phone number(s) associated with your account to
prevent us from inadvertently communicating with the individuals who acquire any
phone number(s) previously linked to your account. Any new or updated phone
number you provide Green Chef may receive our standard marketing Text Messages
unless you also unsubscribe through the procedures provided in this section.
Following such opt-out, you may continue to receive calls or messages for a
short period of time we process your request. It is your responsibility to keep
your account information, including your phone number, updated. We may share
your telephone number with our service providers (such as billing or collections
companies) that we have contracted to assist us in pursuing our rights. You
agree that these service providers may also contact you using autodialed or
prerecorded calls and text messages, only as authorized by us to carry out the
purposes identified above. We may, with notice as required by law, monitor or
record your communications with Green Chef for training and quality assurance
purposes. Our supported carriers include but are not limited to: AT&T,
Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, C Spire Wireless,
Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular
ACS/Alaska, Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian
Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass
Cellular, Buffalo Wireless, CableVision, Cellular Network Partnership (PIONEER),
Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility
USA, ClearTalk(Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross
Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core
Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI
Communications Corp, Golden State Cellular, i Wireless (IOWA Wireless), Illinois
Valley Cellular (IV Cellular), Immix(Keystone Wireless), Inland Cellular
Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom), MTA
Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest
Missouri Cellular Limited, Panhandle Telecommunications Systems(PTCI), Peoples
Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush
Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Texas
RSA 3 Ltd(Plateau Wireless), Thumb Cellular, Union Telephone Company(Union
Wireless), United Wireless, Viaero Wireless, West Central Wireless (5 Star
Wireless). T-Mobile. Please note that our supported carrier is not liable for
delayed or undelivered messages.


5. GREEN CHEF'S SERVICES

5.1 GREEN CHEF’S SUBSCRIPTION SERVICE

Our subscription service is an automatic, recurring weekly subscription to Green
Chef Products (“Subscription Service” or “Service”). As part of the Service, we
offer a number of subscription options that you may choose from (“Plan”). Each
week you will receive a package from Green Chef (your “Meal Box”), including the
contents of your chosen Plan (a specific number and type of “Meal Kits”). You
can find specific details regarding your Plan and the Green Chef Service by
accessing your Account details via the Site or the App.

5.2 AUTO-RENEWAL FEATURE

THE SUBSCRIPTION SERVICE CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING
PERIODIC CHARGES AS AGREED TO BY YOU. BY ENTERING INTO THIS AGREEMENT, YOU
ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE
AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO DEACTIVATION.
GREEN CHEF MAY SUBMIT PERIODIC CHARGES (E.G., WEEKLY) WITHOUT FURTHER
AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE ADVANCE NOTICE (IN COMPLIANCE WITH THE
DEACTIVATION PROCEDURES IN SECTION 10.3) THAT YOU WISH TO TERMINATE THIS
AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT
CHARGES SUBMITTED BEFORE GREEN CHEF REASONABLY COULD ACT. TO TERMINATE YOUR
AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, LOG ON TO YOUR GREEN CHEF ACCOUNT,
EMAIL HELP@GREENCHEF.COM OR CALL 888-236-7295. IF YOUR PAYMENT DETAILS CHANGE,
YOUR CARD PROVIDER MAY PROVIDE US WITH THE UPDATED PAYMENT DETAILS. WE RESERVE
THE RIGHT TO USE THESE UPDATED DETAILS FOR FUTURE CHARGES IN ORDER TO HELP
PREVENT ANY INTERRUPTION TO THE DELIVERY OF SERVICE.

ADDITIONALLY, BY SIGNING UP FOR OUR SUBSCRIPTION SERVICE YOU ARE AGREEING TO
RECURRING PERIODIC PAYMENTS FOR AN INDEFINITE TIME UNTIL DEACTIVATED BY YOU OR
US, ON THE SUBSCRIPTION TERMS SET OUT IN THE APPLICATION FORM YOU HAVE
COMPLETED, SUBJECT TO VARIATION IN ACCORDANCE WITH THIS SECTION. YOU CAN
DEACTIVATE YOUR SUBSCRIPTION AT ANY TIME, PROVIDED THAT YOU DO SO WITHIN THE
APPLICABLE DEACTIVATION NOTICE PERIOD, AS DEFINED IN SECTION 10.3. YOU WILL NOT
BE CHARGED FOR ANY DEACTIVATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR
DEACTIVATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE
HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU.

FURTHERMORE, YOUR SUBSCRIPTION WILL CONTINUE INDEFINITELY UNTIL TERMINATED IN
ACCORDANCE WITH THE AGREEMENT. FOLLOWING YOUR INITIAL SUBSCRIPTION PERIOD, AND
AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL
AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH PERIOD AND
CONTINUE FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT,
NON-PROMOTIONAL SUBSCRIPTION RATE. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT
TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU DEACTIVATE YOUR SUBSCRIPTION. YOU
CAN LOG ON TO YOUR ACCOUNT TO DEACTIVATE YOUR SUBSCRIPTION OR EMAIL
HELP@GREENCHEF.COM AND WE WILL DO IT FOR YOU. ADDITIONAL DETAILS FOR
DEACTIVATION PROCEDURES ARE IN SECTION 10.3 OF THIS AGREEMENT. IF YOU
DEACTIVATE, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT
SUBSCRIPTION TERM; YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT
TERM EXPIRES. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF
THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. BY
SUBSCRIBING TO THE SERVICE, YOU AUTHORIZE GREEN CHEF TO CHARGE YOUR PAYMENT
PROVIDER NOW, AND AGAIN AT THE BEGINNING OF ANY SUBSEQUENT SUBSCRIPTION PERIOD.
UPON RENEWAL OF YOUR SUBSCRIPTION, IF GREEN CHEF DOES NOT RECEIVE PAYMENT FROM
YOUR PAYMENT PROVIDER, (A) YOU AGREE TO PAY ALL AMOUNTS DUE ON YOUR ACCOUNT UPON
DEMAND AND (B) YOU AGREE THAT GREEN CHEF MAY EITHER TERMINATE OR SUSPEND YOUR
SUBSCRIPTION AND CONTINUE TO ATTEMPT TO CHARGE YOUR PAYMENT PROVIDER UNTIL
PAYMENT IS RECEIVED (UPON RECEIPT OF PAYMENT, YOUR ACCOUNT WILL BE ACTIVATED AND
FOR PURPOSES OF AUTOMATIC RENEWAL, YOUR NEW SUBSCRIPTION COMMITMENT PERIOD WILL
BEGIN AS OF THE DAY PAYMENT WAS RECEIVED).


6. PAYMENT AND PRICING

6.1 PRICE ADJUSTMENTS

We reserve the right to adjust prices in our sole discretion, at any time and
without notice to you; provided, however, that we will provide you with at least
ten (10) days’ advance notice of any price changes with your specific Plan rate.
Your acceptance of deliveries of the Products after such notice has been
delivered to you will constitute your acceptance of such price changes, unless
you cancel your subscription to the Service in accordance with this Agreement.
All prices shown on the Site and/or in the App are in U.S. dollars. Any
applicable taxes and other fees or charges are not included and are additional
to any prices shown on the Site and/or in the App. Prices, taxes or other fees
may vary geographically. The shipment of meal ingredients to you after our
delivery of such notice will confirm your acceptance of such changes, unless you
cancel your subscription in accordance with the Deactivation Procedures, set
forth in Section 10.3.

6.2 PLAN ADD-ONS

Different features and other customized options may become available in addition
to your plan, including, but not limited to, premium options, new product
add-ons, and modified shipping options. These may change the price of your plan
on a recurring basis. Should you have any questions about any of the options
available under your plan, please visit www.greenchef.com, email
help@greenchef.com or call 888-236-7295.

6.3 PAYMENT

You agree to pay for all orders made from your Account in accordance with the
prices and billing terms in effect at the time an order is made from your
Account. You also agree to pay all applicable taxes. To make an order from an
Account, you must provide valid payment information (e.g. credit card, debit
card, and/or a Gift Card) through the Site or App. By placing an order through
your Account, you also agree and authorize (1) the payment method(s) you provide
to be immediately charged for all fees and taxes applicable to your order, (2)
Green Chef to automatically charge alternative payment methods associated with
your account if a primary payment method is declined or no longer available, (3)
Green Chef to share payment information and instructions required to complete
the payment transactions between Green Chef, our payment processors, and their
third-party payment service providers (e.g., credit card transaction processing,
merchant settlement, and related services), and (4) no additional notice or
consent is required for the foregoing authorizations. You agree to immediately
update your Account in the event of any change in your payment information.
Green Chef 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. If a payment is not successfully paid
and you do not edit your payment method or cancel your purchase of a Product,
you remain responsible for any uncollected amounts and authorize us to continue
billing the payment method, as it may be updated. Green Chef reserves the right
to collect any outstanding payment due, and may transfer the collection of your
outstanding balance to a third party collection agency.


7. REPLACEMENT INGREDIENTS IN MEAL KITS AND PROMOTIONAL INCLUSIONS

Given the perishable nature of many of our ingredients, and market conditions
and product supply beyond our control, we reserve the right to adjust the
quantity of any ingredients in a Meal Kit, to discontinue the use of any
ingredient or Product, or to substitute any ingredients or entire Meal Kits, all
without notice. While we make every effort to ensure that you are provided with
the very best ingredients for our Meal Kits, these switches may occasionally be
required. If such a substitution is required, we will make reasonable efforts to
notify you prior to shipment. If you have any issues with any substitution, or
either an ingredient or a Meal Kit, please contact us at help@greenchef.com or
call 888-236-7295. Additionally, please note that, on occasion, Green Chef will
include products from our partners in our meal boxes which may contain some or
all of the eight (8) major allergens (in addition to other ingredients). Please
refer to Section 21.1 to review our allergen policy. Additionally, if you have
any questions or concerns about any additional products or materials in your
Meal Box, please contact Customer Care at help@greenchef.com or call
888-236-7295.


8. GIFT CARDS

You may purchase and/or otherwise receive Gift Cards through the Site and/or
App. You must create or have an existing and valid Account with Green Chef in
order to redeem a Gift Card. All Accounts are subject to the Terms in all
respects. Green Chef Gift Cards may be redeemed on the Site or on the App.
Redemption of Gift Cards will result in the application of a credit to your
account in the amount of the Gift Card balance. Any Gift Card balance will be
applied toward your purchase of Offerings until the Gift Card is depleted. Gift
Cards are not redeemable for cash or credit. Notwithstanding the foregoing, Gift
cards with balances of under $10.00 are redeemable for cash in the States of
California, Texas, Massachusetts and Colorado. To make a request to redeem a
gift card with a balance of under $10.00 in any of California, Texas,
Massachusetts or Colorado, please visit email help@greenchef.com. Green Chef is
not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot
be replaced (except as required by law). All sales of Gift Cards are final and
nonrefundable. Green Chef reserves the right to refuse to honor a Gift Card
where Green Chef suspects that the Gift Card was obtained fraudulently. If you
suspect someone has copied or stolen your Gift Card, email help@greenchef.com
immediately.


9. VOUCHERS

Green Chef may offer discount promotions, free/discounted trials, or other types
of vouchers (“Vouchers”). In order to utilize the offer on the Voucher, users
need to create an Account through the Site or App and input their information
and the code found on the Voucher to redeem. If you purchase any Voucher,
Voucher is deemed to have been sold at the time of payment for it. The discount
found on the Voucher only lasts for the first week of your subscription plan,
unless it specifically states otherwise on the Voucher or when you sign-up.
Similarly, a Voucher may only be used once and may not be copied, reproduced,
distributed, or published either directly or indirectly in any form or stored in
data retrieval systems without our prior written approval. Additionally,
Vouchers are only for first-time users of Green Chef, unless the Voucher states
otherwise. Green Chef reserves the right to withdraw or deactivate any Voucher
(other than one which has been purchased) for any reason, at any time. For the
avoidance of doubt, and in accordance of the foregoing sentence, Green Chef
reserves the right to withdraw or deactivate any of your outstanding referral
credits or similar Vouchers in the event your referral code is posted to a third
party website (excluding your own social media profile(s) or blogs), or if you
otherwise violate this Agreement. Vouchers may only be redeemed through our Site
or App, and not through any other website or method of communication. To use
your Voucher, you will be required to enter its unique code at the online
checkout and use of such code will be deemed to confirm your agreement to this
Agreement and any special conditions attached to the Voucher.

Pursuant to this Agreement, at the expiration of the Voucher, you agree and
acknowledge that you will be billed the standard rate for your Meal Kit on a
recurring, weekly basis, unless you cancel your Plan prior to the end of the
Voucher period with proper, advance notice to Green Chef in accordance with this
Agreement. You may cancel your Subscription Service up to seven (7) days before
your first scheduled delivery that does not include the pricing found on the
Voucher, pursuant to the deactivation procedures found in Section 10.3.

As a part of the verification process, Green Chef may require you to provide
additional identification information. In addition, as a part of the
verification process, you authorize Green Chef to charge to your credit card a
$1.00 authorization charge (or such other amount identified to customer at time
of verification by Green Chef), which amount will be refunded following
successful authorization.


10. DELIVERY

10.1 GREEN CHEF DELIVERY WEEK

Green Chef’s “Delivery Week” begins on Monday and runs through Sunday of the
same week. The start of our Delivery Week means that new Meal Kits are available
to be delivered in your Meal Box.

10.2 ROLLING BASIS OF MEAL SELECTION

You have the option of selecting the day you would like to receive your Meal
Box, and, if your specific subscription allows for Meal Kit selection, you also
have the option of selecting the specific Meal Kits you would like to receive,
on a weekly basis. The day you select to receive your first Meal Box will be the
default. In subsequent weeks, if you do not make a change, your Meal Box will
arrive on the day you initially selected every week (unless you pause your
order, pursuant to this Agreement, or there are extenuating circumstances,
detailed in this Agreement). If you choose to have your delivery on another day
for a specific week, the delivery day will change only for that week. Meal Kit
selection and delivery day selection is on a rolling basis, and all selections
“lock” seven days prior to the delivery day. For example, if your subscription
allows for Meal Kit selection and you receive your Meal Box on Fridays, you will
have to make your selection of Meal Kits you want included in your Meal Box on
Friday by 11:59 PM Eastern Time, at least 7 days prior to your next delivery.
Your credit card or other payment source will then be charged at midnight.
Similarly, if you want to change the delivery day, you will have to make your
selection seven days prior to your new delivery day.

Please note that the specific days in which a Meal Box can be delivered varies
by geographic region, and delivery on each day will not be available in all
areas. If you have any questions about your area and delivery, please contact
Customer Care at help@greenchef.com or call 888-236-7295.

Green Chef does not deliver to every location, so please check with our customer
service team at help@greenchef.com to see if our Meal Box is available in your
area. If we currently do not deliver to your area, we cannot agree to provide
you with services in accordance with our Terms, and Customers will be prohibited
from paying if they have a delivery ZIP code outside of the areas where Green
Chef delivers Meal Boxes. But, if you would like us to deliver to an area we do
not currently cover, please let us know. We are expanding the reach of our
Products and Services. We recommend that you create an account, and we will use
reasonable efforts to notify you when we launch in your ZIP code.

Green Chef uses reliable third-party delivery companies to deliver your
Products. For customers that purchase perishable food products from us, each box
is carefully packaged so its contents will stay adequately chilled (e.g., for
meat and seafood, 40°F or cooler) until at least 10 pm on the scheduled day of
delivery (modifications may be made to scheduled delivery dates during certain
holidays). However, to maintain the highest quality and integrity of any food
Products after delivery, we recommend that you immediately refrigerate the food
items when you receive them. You should inspect your food packages to ensure the
contents arrive in a cool, refrigerated condition. The best way to do this is to
check the meat and fish with a food thermometer to ensure their internal
temperatures are 40°F or below. If you receive a food Product containing meat or
fish with an internal temperature above 40°F, you should contact our customer
service and discard the item. PLEASE DO NOT RETURN ANY PERISHABLE FOOD PRODUCT
UNLESS REQUESTED BY CUSTOMER SERVICE.

10.3 DEACTIVATION PROCEDURES

Please note that the ability to change an order locks seven days prior to your
scheduled delivery date. Therefore, if you wish to deactivate your Account
and/or cancel or change an order, you must do so before the day and time listed
above for your respective delivery date. For example, if you have a scheduled
delivery date on Tuesday, you have until Tuesday at 11:59 PM Eastern Time, seven
days prior to your next scheduled delivery, to cancel your subscription. If you
do so after the time listed for your delivery day, you will be charged and
receive your Meal Box for that week, and the cancellation will take effect for
the following Delivery Week. To deactivate your Account, please call Green Chef
Customer Care at 888-236-7295 or email help@greenchef.com stating that you wish
to terminate your account, along with your full name and registered email
address.

10.4 PAUSING YOUR ORDER

During any production week, you have the option of pausing your deliveries. In
order to do so, log on to your account page on the Site or App, select a
particular week (by clicking on the delivery day highlighted) and then click on
the “Pause Week” button. You will not be charged for any week in which your
order is paused. Please note that this action cannot be taken for any scheduled
order which has already “Locked,” pursuant to Section 10.2. Additionally,
pausing an order shall only apply to the week in which you pause, and automatic
deliveries will commence the following week, unless you choose to pause the
following week, subject to the details, above.

10.5 DELIVERY SPECIFICS

In the case of weather which inhibits the ability to make safe deliveries, or
other events beyond our control that interfere with our ability to deliver your
order, we will attempt to deliver your Order as soon as reasonably possible. In
some cases, delivery may occur on a date other than your scheduled delivery day.
If the delivery of your Meal Box is not feasible, we will cancel your delivery
for the period so affected and issue you a credit, as determined in our sole
discretion or refund of a part or the whole of the purchase price for that Meal
Box.


11. FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay the
performance of, any of our obligations which is 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, 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 this Agreement 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 this Agreement may be performed despite the Force
Majeure Event.


12. RECEIPT OF THE MATERIALS AND FOOD PREPARATION

Green Chef uses specific materials to refrigerate perishable items and also uses
third party delivery companies to deliver Meal Boxes to customers. Please note
that you are responsible for reviewing the Meal Box upon delivery and inspecting
all of the Products contained within for any defects or other problems upon
delivery. If you are not home when your Meal Box is delivered, the Meal Box will
be left at your door or in a common area. Upon the completion of your review of
the Meal Box, we recommend that you place all perishables in your refrigerator
to ensure the ingredients’ integrity. The risk of loss and/or damage passes to
you at the time of delivery. We highly recommend that you review the USDA’s
instructions on safe food handling, which can be found here. All items are
solely at your risk from the time of delivery. As such, you acknowledge and
agree that you are solely responsible for any preparatory steps, storage of the
contents of any Meal Kits, safe washing (we recommend that all fresh produce is
washed prior to inclusion in any meal), and the cooking of all the ingredients
of the respective Meal Kits. We recommend that you use a thermometer to measure
the temperature of any poultry, fish, or meat products that arrive in the
insulated portion of the Meal Box, and, pursuant to USDA Guidelines (found
here), you should utilize said thermometer to ensure that they are at (or below)
41 degrees Fahrenheit.

Green Chef recommends that all cooking instructions found in the recipe booklet
be followed, and all seafood, meats, and poultry should be cooked to the USDA’s
recommended internal temperatures (165 degrees Fahrenheit for poultry; 160
degrees Fahrenheit for ground meats; 145 degrees for whole meats; and 145
degrees Fahrenheit for seafood). Green Chef recommends utilizing a food
thermometer to verify internal temperatures. For more information, please see
the USDA’s website, found here).


13. RECIPE CARDS

Additionally, please note that each Meal Kit will have a corresponding recipe
card contained in the Meal Box. If your Meal Box does not contain one or more of
the corresponding recipe cards, you can refer to the Site and App for the week’s
recipes. If you have any questions or concerns related to the recipe cards,
please contact help@greenchef.com or Customer Care at 888-236-7295.


14. RETURN AND REFUND POLICY

In the event that you are unhappy with any part of your Meal Box, or a specific
Meal Kit, you can reach out to us at help@greenchef.com or call Customer Care at
888-236-7295. Please do so within one week of the date you received the
unsatisfactory item. If related to ingredients or condition of a Meal Kit, we,
at our sole discretion, may give you credit for the individual ingredient or
Meal Kit, and in some situations, issue a partial or full refund for the
ingredient or the Meal Kit. We reserve the right, however, to require either the
return of the unsatisfactory ingredient or Meal Kit, or a photograph of such,
before any partial/full refund or credit will be issued. Any future release,
update or other addition to the Offerings shall be subject to this Agreement.
Green Chef, its suppliers, and its service providers reserve all rights not
granted in this Agreement.


15. PROPRIETARY RIGHTS

Green Chef is the owner and operator of the Site and the App. Additionally,
Green Chef is the owner of, or duly licensed to utilize, all content, features,
and functionality (including, but not limited to, all information, text,
graphics, software, video, and audio, and the design, selection, and arrangement
thereof) published on the Site, the App, or any Offerings (collectively the
“Materials”). The Materials and Offerings are protected by copyright, trademark,
trade secret, and other intellectual property or proprietary rights laws
throughout the world.

Subject to this Agreement, Green Chef grants you a limited license to utilize
the Materials in order to utilize Green Chef’s Offerings for personal,
non-commercial use. Any other use of Green Chef’s materials, including
modification, distribution, or reproduction for purposes other than the personal
usage of Green Chef’s Offerings, without written approval from Green Chef (which
can be provided through email) is prohibited.

Any future release, update or other addition to the Offerings shall be subject
to this Agreement. Green Chef, its suppliers, and its service providers reserve
all rights not granted in this Agreement.

15.1 TRADEMARKS

"Green Chef," all other Green Chef marks and logos, and all titles, characters,
names, graphics, and button icons are service marks, trademarks, and/or trade
dress of Green Chef or otherwise proprietary to Green Chef and may not be used
by you for any reason other than as expressly permitted by the Terms. All other
trademarks, service marks, product names, and company names, logos, designs, or
slogans appearing by and through the Offerings are the property of their
respective owners and you do not acquire any ownership rights in or to such
marks, logos, or names by using and/or accessing the Offerings. You will not
remove, alter or obscure any copyright notice, trademark, service mark or other
proprietary rights notices incorporated in or accompanying the Offerings

15.2 OTHER CONTENT

Except with respect to your User Content, you agree that you have no right,
title, or interest in or to any Content that appears on or in the Offerings.

15.3 PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Green Chef reserves the right to terminate any end-user’s access to the
Offerings where that end-user infringes upon third-party copyrights. If you
believe content posted on the App or Site infringes your copyright, please
provide our copyright agent with the following information: (1) an electronic or
physical signature of the person authorized to act on behalf of the owner of the
copyright interest; (2) a description of the copyrighted work that you claim has
been infringed; (3) a description of the location on the Services of the
material that you claim is infringing; (4) your address, telephone number and
e-mail address; (5) a written statement that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent or the law;
and (6) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf. Correspondence to regarding
notice of claims of copyright infringement should be sent to our copyright agent
help@greenchef.com.


16. PROHIBITED USES

You may use the Offerings only for lawful purposes and in accordance with this
Agreement. By visiting our Site, App, or by using our Products, You hereby agree
not to use the Offerings:

 * In any way that violates any applicable federal, state, local, or
   international law or regulation (including, without limitation, any laws
   regarding the export of data or software to and from the US or other
   countries).
 * For the purpose of exploiting, harming, or attempting to exploit or harm
   minors in any way by exposing them to inappropriate content, asking for
   personally identifiable information, or otherwise.
 * To transmit, or procure the sending of, any advertising or promotional
   material, including any “junk mail”, “chain letter”, “spam”, or any other
   similar solicitation.
 * To impersonate or attempt to impersonate Green Chef, an employee, another
   user, or any other person or entity (including, without limitation, by using
   email addresses associated with any of the foregoing).
 * To engage in any other conduct that restricts or inhibits anyone’s use or
   enjoyment of the Site or App, or which, as determined by us, may harm Green
   Chef or users of the Site or expose them to liability.

Additionally, by visiting our Site, App, or by using our Products, You hereby
agree not to:

 * Use the Site in any manner that could disable, overburden, damage, or impair
   the Site or interfere with any other party’s use of the Site. Use any robot,
   spider, or other automatic device, process, or means to access the Site for
   any purpose, including monitoring or copying any of the material on the Site.
 * Use any manual process to monitor or copy any of the material on the Site or
   for any other unauthorized purpose without our prior written consent.
 * Use any device, software, or routine that interferes with the proper working
   of the Site.
 * Introduce any viruses, trojan horses, worms, logic bombs, or other material
   that is malicious or technologically harmful.
 * Attempt to gain unauthorized access to, interfere with, damage, or disrupt
   any parts of the Site, the server on which the Site is stored, or any server,
   computer, or database connected to the Site.
 * Attack the Site via a denial-of-service attack or a distributed denial-of-
   service attack.
 * Otherwise attempt to interfere with the proper working of the Site.


17. NON-USER THIRD PARTY CONTENT

We may display content, advertisements, and promotions from third parties
through the Site, in mailings or emails containing information regarding other
companies, or with or contained within the Offerings (“Third Party Content”).
The Third Party Content is not endorsed, adopted by, or controlled by Green
Chef, and we make no representations or warranties of any kind regarding such
Third Party Content, regarding its accuracy or completeness. You acknowledge and
agree that (i) your interactions with third parties providing Third Party
Content through or on the Offerings (including, but not limited to, our Site,
App, social media, other Content, or Products) are solely between you and such
third parties; and (ii) that it is impossible for Green Chef to monitor such
materials and that you access these materials at your own risk.


18. USER CONDUCT

You agree that you will not violate any law, statute, regulation, intellectual
property (including, but not limited to, copyright and trademarks), contractual
obligations, other third party rights, or commit a tort, and that you are solely
responsible for your conduct, while accessing or using the Site or App. You
agree that you will abide by this Agreement and will not: (1) display personal
or confidential information related to any third party, including, but not
limited to, street addresses, email addresses, last names, telephone numbers,
and URLs; (2) attempt to access or use another user’s account unless permitted
to do so, in writing, from both the user and Green Chef; (3) engage in any
behavior which is deemed to be harassment, threatening, stalking or predation of
any other person; (4) make any claim, statement, or assertion, or imply, that
your claim, statement, or assertion is endorsed by Green Chef without Green
Chef’s express written consent; (5) engage in the commercial solicitation of
other end-users; (6) collect or record end-users’ personal information without
their prior written consent; (7) develop or use any third party applications
that interact with any of Green Chef’s Content, the Site, or the App without our
prior written consent; (8) use the Site or App in any way that prevents or
inhibits other end-users from fully utilizing the Site or App, or in a way that
could overburden or interfere with the functioning of the Site or App in any
manner; (9) use any manual or automatic process, means, or interface (including,
but not limited to robot, spider, script or, browser extension), which Green
Chef has not authorized to access the Site or the App, to retrieve or index data
or content; (10) decipher or reverse engineer any portion of the Site or the App
that may reveal source code or bypass items designed to obstruct, limit, or stop
access to any Content, specific site within the Site, or code within the Site;
(11) access or attempt to access any portion or feature of the Site or App which
you are not authorized to access, pursuant to this Agreement or any subsequent
agreements; or (12) use the Site or the App for any illegal purpose.


19. USER CONTENT

19.1 Pursuant to the specifications located in this Agreement, the Site, App, or
any social media platforms on which Green Chef has an official page or feed, may
include, now or in the future, areas (“Interactive Areas”) that allow users to
post content, including but not limited to, recipes, reviews, photos, videos,
music, sound, text, graphics, code, or other materials (“User Content”). Any
User Content you post or submit to us through email or other channels must, in
its entirety, comply with all applicable federal, state, local and international
laws and regulations, and this Agreement (including, but not limited to, the
Prohibited Uses set out in Section 16 of these Terms, respectively).

You understand and acknowledge that you are responsible for any User Content you
submit or contribute through any channel or method and your use of any
Interactive Areas of the Site and/or App, and you, not Green Chef, have full
responsibility for such content and use, including its legality, reliability,
accuracy, and appropriateness. We are not responsible or liable to any third
party for the content or accuracy of any User Content posted by you or any other
user of the Site. You understand and acknowledge that User Content that you
share with a third party through the Site or third party platforms will be
viewable by others in accordance with the privacy settings you establish.

Any User Content you post to the Site will be considered non-confidential and
non-proprietary. By providing any User Content, you represent and warrant
that:(1) You own or control all rights in and to the User Content and have the
right to grant the license granted below to us and our affiliates and service
providers, and each of their and our respective licensees, successors, and
assigns, including without limitation, all copyrights and rights of publicity
contained therein, and that the User Content does not infringe on any patent,
trademark, trade secret, copyright, right of publicity, or other right of any
other person or entity; (2) You shall not (and shall not permit any third party
to) take any action or upload, post, or otherwise distribute any User Content
that is found by Green Chef in its sole capacity to be false, misleading,
untruthful, inaccurate, unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another’s privacy, tortious,
obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity,
contains or depicts sexual activity, or is otherwise inappropriate as determined
by Green Chef in our sole discretion; and (3) all of your User Content does and
will comply with this Agreement.

19.2 Except where prohibited by applicable law, Green Chef may pull content from
our Users who share photos, reviews, videos on social media using our brand
name,brand hashtags, including without limitation, #GreenChef, #myGreenChef,
#GreenChefPartner (collectively, the Green Chef Hashtags”), or tagging Green
Chef using the @Green Chef account. You acknowledge and agree that by using our
brand name, tagging Green Chef, or using a Green Chef Hashtag, that it may be
used by Green Chef in our marketing materials, including but not limited to, our
emails, our advertisements, and on our Site or App, and you hereby grant us
permission to use and authorize us to use your name or social media handle in
association with your User Content for identification, publicity related to the
Services and similar promotional purposes, including after your termination of
your Green Chef account or the Services. You represent and warrant that the
posting of your User Content, including to the extent your User Content includes
your name, username, likeness, voice, or photograph, does not violate,
misappropriate or infringe on the rights of any third party, including without
limitation, privacy rights, publicity rights, copyrights, trademark, and other
intellectual property rights.

19.3 Except where prohibited by applicable law, You acknowledge and agree that
by using our brand name, tagging Green Chef, or using a Green ChefHashtag or by
uploading any User Content, you hereby grant Green Chef and its affiliates,
parents, and subsidiaries, a non-exclusive, royalty-free, transferable,
worldwide, perpetual, irrevocable and fully sublicensable right and license to
use, reproduce, modify, adapt, publish, translate, create derivative works from,
copy, upload, store, distribute, perform, and publicly display your User
Content, in whole or in part and any name, username, likeness, voice, or
photograph provided in connection with your User Content without compensation to
you, in connection with the operation of the Site or the promotion, advertising
or marketing of the Services, in any form, medium, or technology now known or
later developed, and including after your termination of your Account or the
Services. For sake of clarity, the foregoing license does not affect your other
ownership or license rights in your User Content, including the right to grant
additional licenses to your User Content, unless otherwise agreed in writing.
You represent and warrant that you have all rights to grant such licenses to us
without infringement or violation of any third party rights, including without
limitation, any privacy rights, publicity rights, copyrights, trademarks,
contract rights, or any other intellectual property or proprietary rights. 19.4
Except where prohibited by applicable law, You acknowledge and agree that by
using our brand name, tagging Green Chef, or using a Green Chef Hashtag, or by
uploading any User Content through the Site, you are waiving and agreeing not to
assert any copyrights or “moral” rights or claim resulting from our alteration
of the User Content. You are also agreeing to appoint Green Chef as your
irrevocable attorney-in-fact with respect to the User Content.

19.5 Except where prohibited by applicable law, You acknowledge and agree that
any questions, comments, suggestions, ideas, feedback or other information about
the Services (collectively “Feedback”) that you provide us are non-confidential
and we will be entitled to the unrestricted use and dissemination of this
Feedback for any purpose, commercial or otherwise, without your acknowledgment
or compensation to you.

19.6 Except where prohibited by applicable law, You acknowledge and agree that
we may preserve User Content and may also disclose User Content if required to
do so by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process, applicable laws or
government requests; (b) enforce this Agreement; (c) respond to claims that any
User Content violates the rights of third parties; or (d) protect the rights,
property, or personal safety of Green Chef or our users.


20. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Green Chef, our affiliates,
service providers, and licensors and their respective directors, officers,
agents, contractors, partners, licensors, representatives, suppliers and
employees, from and against any loss, liability, threatened or actual claim,
demand, damages, costs and expenses, (including reasonable legal fees) arising
out of or in connection with your use of the Site, the App, the Products or any
Offerings, or any information obtained therefor other than as expressly
authorized in this Agreement. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you hereunder, and you shall cooperate as fully as reasonably
required by us. You agree to promptly notify Green Chef of any third-party
claims, cooperate with Green Chef in defending such claims, and pay all fees,
costs and expenses associated with defending such claims (including, but not
limited to, attorneys’ fees and expenses, court costs, costs of settlement and
costs of pursuing indemnification and insurance). This indemnity is in addition
to, and not in lieu of, any other indemnities set forth in a written agreement
between you and Green Chef. You agree that the provisions in this section will
survive any termination of your Account, the Agreement and/or your access to the
Offerings.


21. DISCLAIMERS

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND
SAFE PREPARATION (INCLUDING STORAGE, WASHING, AND COOKING), USE, AND CONSUMPTION
OF THE CONTENTS OF THE MEAL BOXES. AS SUCH, ALL CONTENTS OF THE RESPECTIVE MEAL
BOXES ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT
ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE
DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR
FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES
FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

21.1 ALLERGEN INFORMATION

PLEASE NOTE THAT THE EIGHT MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND
DRUG ADMINISTRATION, WHICH ARE WHEAT, EGG, SOY, MILK, TREE NUTS, PEANUTS, FISH,
AND SHELLFISH, ARE STORED, PORTIONED, AND PACKAGED IN GREEN CHEF’S AND OUR
SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE,
PORTION AND PACKAGE THESE PRODUCTS, AND WHILE GREEN CHEF TAKES PRECAUTIONS TO
LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD
PRODUCTS, AND THUS, THE RESPECTIVE MEAL KITS, OR THE MEAL BOX, MAY CONTAIN SOME
OR ALL OF THE ALLERGENS LISTED. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING
ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR
CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. GREEN
CHEF DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND
OTHER PRODUCT INFORMATION ON OUR SITE OR APP IS ACCURATE OR COMPLETE SINCE THIS
INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON
OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE
RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE
AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT GREEN CHEF IN ORDER TO
PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC
DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

21.2 SPECIFICATIONS RELATED TO WARRANTIES

WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE IN YOUR MEAL KITS AND OTHER
MATERIALS AND INFORMATION YOU VIEW ON THE SITE AND APP, INCLUDING PRICING AND
NUTRITIONAL INFORMATION, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO
NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN
ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THIS
AGREEMENT, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING
CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT
REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN
YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO
A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND
CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE
AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION
METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY
CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A
REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR
WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

We reserve the right to change any and all Content and Products and to modify,
suspend or stop providing access to the Site (or any features or functionality
of the Site) and the Products at any time without notice and without obligation
or liability to you.


22. LIMITATION OF LIABILITY; RELEASE

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GREEN CHEF, ITS AFFILIATES
(INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS,
OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) SHALL NOT BE LIABLE
TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED
TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS;
BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED
SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE)
BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

ADDITIONALLY, IN NO EVENT SHALL GREEN CHEF BE LIABLE FOR DISPUTES ARISING OUT OF
OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE,
THE SITE, APP OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD
PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES), OR THE ORDERING, RECEIPT,
OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THIS AGREEMENT(INCLUDING, BUT NOT
LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION
OBTAINED FROM GREEN CHEF, OR FROM EVENTS BEYOND GREEN CHEF’S REASONABLE CONTROL,
SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS,
DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR
ANY FAILURE OF PERFORMANCE). UNDER NO CIRCUMSTANCES WILL GREEN CHEF BE LIABLE TO
YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO GREEN CHEF BY YOU DURING THE THIRTY
(30) DAY PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH
LIABILITY.

THE LIMITATIONS SET FORTH IN THIS SECTION 22 SHALL NOT AFFECT LIABILITY THAT
CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION, SUCH AS
LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED
BY OUR ACTS OR OMISSIONS, OR FOR OUR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.


23. MODIFICATIONS TO THE SITE AND PRODUCTS

We reserve the right in our sole discretion to modify, suspend or discontinue,
temporarily or permanently, the Site or App (or any features or parts thereof)
or the rates, delivery, or provision of the Products at any time.


24. DISPUTE RESOLUTION & BINDING ARBITRATION

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION
AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND
CLAIMS WITH GREEN CHEF AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM
US.

24.1 APPLICABILITY OF ARBITRATION AGREEMENT

You agree that any dispute, claim, or request for relief relating in any way to
your access or use of the Site or the App, to any products sold or distributed
through the Site or the App, or to any aspect of your relationship with Green
Chef, will be resolved by binding arbitration, rather than in court, except (1)
that you may assert claims or seek relief in small claims court if your claims
qualify; and (2) you or Green Chef may seek equitable relief in court for
infringement or other misuse of intellectual property rights (such as
trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
This Arbitration Agreement shall apply, without limitation, to all disputes or
claims and requests for relief that arose or were asserted before the effective
date of this Agreement or any prior version of this Agreement. This Arbitration
Agreement shall apply, without limitation, to all disputes or claims and
requests for relief that arose or were asserted before the effective date of
this Agreement or any prior version of this Agreement.

24.2 ARBITRATION RULES AND FORUM

The Federal Arbitration Act governs the interpretation and enforcement of this
Arbitration Agreement. To begin an arbitration proceeding, you must send a
letter requesting arbitration and describing your dispute or claim or request
for relief to: US Legal Department, 28 Liberty Street, 9th Floor, New York, NY
10005. The arbitration will be conducted by JAMS, an established alternative
dispute resolution provider. Disputes involving claims, counterclaims, or
request for relief under $250,000, not inclusive of attorneys’ fees and
interest, shall be subject to JAMS’s most current version of the Streamlined
Arbitration Rules and procedures available at
https://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall
be subject to JAMS’s most current version of the Comprehensive Arbitration Rules
and Procedures, available at
https://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also
available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not
available to arbitrate, the parties will select an alternative arbitral forum.
If the arbitrator finds that you cannot afford to pay JAMS’s filing,
administrative, hearing and/or other fees and cannot obtain a waiver from JAMS,
Green Chef will pay them for you. In addition, Green Chef will reimburse all
such JAMS’s filing, administrative, hearing and/or other fees for disputes,
claims, or requests for relief totaling less than $10,000 unless the arbitrator
determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written
submissions, or in person in the country where you live or at another mutually
agreed location. Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.

24.3 AUTHORITY OF ARBITRATOR

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

24.4 WAIVER OF JURY TRIAL

YOU AND GREEN CHEF HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE
IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Green Chef are
instead electing that all disputes, claims, or requests for relief shall be
resolved by arbitration under this Arbitration Agreement, except as specified in
Section 24.1 above. An arbitrator can award on an individual basis the same
damages and relief as a court and must follow this Agreement as a court would.
However, there is no judge or jury in arbitration, and court review of an
arbitration award is subject to very limited review.

24.5 WAIVER OF CLASS OR OTHER NON-INDIVIDUALIZED RELIEF

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

24.6 30-DAY RIGHT TO OPT OUT

You have the right to opt out of the provisions of this Arbitration Agreement by
sending written notice of your decision to opt out to: legal@greenchef.com,
within 30 days after first becoming subject to this Arbitration Agreement. Your
notice must include your name and address, your Green Chef username (if any),
the email address you used to set up your Green Chef account (if you have one),
and an unequivocal statement that you want to opt out of this Arbitration
Agreement. If you opt out of this Arbitration Agreement, all other parts of this
Agreement will continue to apply to you. Opting out of this Arbitration
Agreement has no effect on any other arbitration agreements that you may
currently have, or may enter in the future, with us.

24.7 SEVERABILITY

Except as provided in subsection 24.5, if any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable, then such
specific part or parts shall be of no force and effect and shall be severed and
the remainder of the Arbitration Agreement shall continue in full force and
effect.

24.8 SURVIVAL OF AGREEMENT

This Arbitration Agreement will survive the termination of your relationship
with Green Chef.

24.9 MODIFICATION

Notwithstanding any provision in this Agreement to the contrary, we agree that
if Green Chef makes any future material change to this Arbitration Agreement,
you may reject that change within thirty (30) days of such change becoming
effective by writing Green Chef at the following address: 28 Liberty Street, 9th
Floor, New York, New York 10005 ATTN: US Legal Department.


25. GOVERNING LAW AND VENUE

Notwithstanding any provision in this Agreement to the contrary, we agree that
if Green Chef makes any future material change to this Arbitration Agreement,
you may reject that change within thirty (30) days of such change becoming
effective by writing Green Chef at the following address: 28 Liberty Street, 9th
Floor, New York, New York 10005 ATTN: US Legal Department.


26. TERM, TERMINATION AND SURVIVAL

26.1 TERM

The Agreement commences on the date when you accept them (as described in the
preamble above) and remain in full force and effect while you use the Offerings,
unless terminated earlier in accordance with the Agreement.

26.2 PRIOR USE

Notwithstanding the foregoing, you hereby acknowledge and agree that the
Agreement commenced on the earlier to occur of (a) the date you first used the
Offerings or (b) the date you accepted the Agreement and will remain in full
force and effect while you use any Offerings, unless earlier terminated in
accordance with the Agreement.

26.3 TERMINATION

Notwithstanding anything contained in this Agreement, we reserve the right,
without notice and in our sole discretion, to terminate or suspend your right to
access or use the Site and to order, receive and use the Products, at any time
and for any or no reason, including, without limitation, any violation of this
Agreement. You can cancel your Service in accordance to the terms set forth in
Sections 6 and 10.3 hereunder. Except as set forth above, the Service
subscription fee shall be non-refundable. If timely payment cannot be charged to
your payment provider for any reason, if you have materially breached any
provision of the Agreement, or if Green Chef is required to do so by law (e.g.,
where the provision of the Site, the App or the Services is, or becomes,
unlawful), Company has the right to, immediately and without notice, suspend or
terminate any services provided to you. You agree that all terminations for
cause shall be made in Green Chef’s sole discretion and that Green Chef shall
not be liable to you or any third party for any termination of your Account. We
reserve the right to change any and all Content and to modify, suspend or stop
providing access to the Site (or any features or functionality of the Site) and
the Products at any time without notice and without obligation or liability to
you.

26.4 EFFECT OF TERMINATION

Termination of any Service includes removal of access to such Service and
barring of further use of the Service. Termination of all Service also includes
deletion of your password and all related information, files and Content
associated with or inside your Account (or any part thereof). Upon termination
of any Service, your right to use such Service will automatically terminate
immediately. You understand that any termination of Service may involve deletion
of Your Content associated therewith from our live databases. Green Chef will
not have any liability whatsoever to you for any suspension or termination. All
provisions of the Agreement which by their nature should survive, shall survive
termination of the Offering or Service, including without limitation, ownership
provisions, warranty disclaimers, and limitation of liability.

26.5 NO SUBSEQUENT REGISTRATION

If your registration(s) with or ability to access the Service is discontinued by
Green Chef due to your violation of any portion of the Agreement, then you agree
that you shall not attempt to re-register with or access the Service through use
of a different member name or otherwise, and you acknowledge that you will not
be entitled to receive a refund for fees related to those Services to which your
access has been terminated. In the event that you violate the immediately
preceding sentence, Green Chef reserves the right, in its sole discretion, to
immediately take any or all of the actions set forth herein without any notice
or warning to you.


27. SEVERABILITY AND WAIVER

If any of this Agreement are determined by any competent jurisdiction to be
invalid, unlawful or unenforceable to any extent, such term, condition or
provision will to that extent be severed from the remaining terms, conditions,
and provisions which will continue to be valid to the fullest extent permitted
by law.

No waiver by Green Chef of any provision in this Agreement shall be deemed a
further or continuing waiver of such provision or a waiver of any other
provision, and any failure to assert a right or provision under this Agreement
does not constitute a waiver of such right or provision.


28. APP STORES

You acknowledge and agree that the availability of the App and the Services is
dependent on the third party from whom you received the App license, e.g., the
Apple App Store or Google Play (each, an "App Store"). You acknowledge that the
Agreement is between you and Company and not with the App Store. Green Chef, not
the App Store, is solely responsible for the Offerings, including the App, the
content thereof, maintenance, support services, and warranty therefore, and
addressing any claims relating thereto (e.g., product liability, legal
compliance or intellectual property infringement). In order to use the App, you
must have access to a wireless network or other, and you agree to pay all fees
associated with such access. You also agree to pay all fees (if any) charged by
the App Store in connection with the Offerings, including the App. You agree to
comply with, and your license to use the App is conditioned upon your compliance
with all terms of agreement imposed by the applicable App Store when using any
Offerings, including the App. You acknowledge that the App Store (and its
subsidiaries) are third-party beneficiaries of the Agreement and will have the
right to enforce it.

28.1 ADDITIONAL TERMS FOR APPLE APPS

With respect to any App accessed through or downloaded from the Apple App Store
(an “App Store Sourced Application”), you will only use the App Store Sourced
Application (i) on an Apple-branded product that runs the iOS (Apple’s
proprietary operating system) and (ii) as permitted by the “Usage Rules” set
forth in the Apple App Store Terms of Service. In addition, the following terms
apply to any App Store Sourced Application:

(a) You acknowledge and agree that (i) this Agreement is concluded between you
and Green Chef only, and not Apple, and (ii) Green Chef, not Apple, is solely
responsible for the App Store Sourced Application and content thereof. Your use
of the App Store Sourced Application must comply with the App Store Terms of
Service.

(b) You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the App Store Sourced
Application.

(c) In the event of any failure of the App Store Sourced Application to conform
to any applicable warranty, you may notify Apple, and Apple will refund the
purchase price for the App Store Sourced Application to you and to the maximum
extent permitted by applicable law, Apple will have no other warranty obligation
whatsoever with respect to the App Store Sourced Application. As between Green
Chef and Apple, any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will be the sole
responsibility of Green Chef.

(d) You and Green Chef acknowledge that, as between Green Chef and Apple, Apple
is not responsible for addressing any claims you have or any claims of any third
party relating to the App Store Sourced Application or your possession and use
of the App Store Sourced Application, including, but not limited to: (i) product
liability claims; (ii) any claim that the App Store Sourced Application fails to
conform to any applicable legal or regulatory requirement; and (iii) claims
arising under consumer protection, privacy, or similar legislation.

(e) You and Green Chef acknowledge that, in the event of any third-party claim
that the App Store Sourced Application or your possession and use of that App
Store Sourced Application infringes that third party’s intellectual property
rights, as between Green Chef and Apple, Green Chef, not Apple, will be solely
responsible for the investigation, defense, settlement and discharge of any such
intellectual property infringement claim to the extent required by this
Agreement.

(f) You and Green Chef acknowledge and agree that Apple, and Apple’s
subsidiaries, are third-party beneficiaries of this Agreement as related to your
license of the App Store Sourced Application, and that, upon your acceptance of
the terms and conditions of this Agreement, Apple will have the right (and will
be deemed to have accepted the right) to enforce this Agreement as related to
your license of the App Store Sourced Application against you as a third-party
beneficiary thereof.

(g) Without limiting any other terms of this Agreement, you must comply with all
applicable third-party terms of agreement when using the App Store Sourced
Application.


29. MISCELLANEOUS

This Agreement and any document expressly referred to in them constitute the
whole agreement between you and Green Chef, and supersede all previous
discussions, correspondence, negotiations, arrangements, understandings, or
agreements between us relating to the subject matter of any contract. This
Agreement, and any rights and licenses granted hereunder, may not be transferred
or assigned by you without the prior written consent of Green Chef. Except as
otherwise provided herein, this Agreement is intended solely for the benefit of
the parties and is not intended to confer third party beneficiary rights upon
any other person or entity.


30. CONSUMER COMPLAINTS

In accordance with California Civil Code §1789.3, you may report complaints to
the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs by contacting them in writing at 400 R
Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.


31. ELECTRONIC COMMUNICATIONS

The communications between you and use electronic means, whether you visit
Services or send Green Chef emails, or whether Green Chef posts notices on
Services or communicates with you via email. For contractual purposes, you (1)
consent to receive communications from Green Chef in an electronic form; and (2)
agree that all terms and conditions, agreements, notices, disclosures, and other
communications related to these Agreement that Green Chef provides to you
electronically satisfy any legal requirement that such communications would
satisfy if they were made in writing in a physical document. The foregoing does
not affect your statutory rights.


32. EXPORT CONTROL

You may not use, export, import, or transfer the Offerings except as authorized
by U.S. law, the laws of the jurisdiction in which you obtained Services, and
any other applicable laws. In particular, but without limitation, the Offerings
may not be exported or re-exported (1) into any United States embargoed
countries, or (2) to anyone on the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or
Entity List. By using Services, you represent and warrant that (i) you are not
located in a country that is subject to a U.S. Government embargo, or that has
been designated by the U.S. Government as a “terrorist supporting” country and
(ii) you are not listed on any U.S. Government list of prohibited or restricted
parties.


33. NOTICE

Where Green Chef requires that you provide an e-mail address, you are
responsible for providing Green Chef with your most current e-mail address. In
the event that the last e-mail address you provided to Green Chef is not valid,
or for any reason is not capable of delivering to you any notices required/
permitted by this Agreement, Green Chef ’s dispatch of the e-mail containing
such notice will nonetheless constitute effective notice. You may give notice to
Green Chef at the following address: Compliance, 40 West 25th St., 7th Floor,
New York, NY 10010. Such notice shall be deemed given when received by Green
Chef by letter delivered by nationally recognized overnight delivery service or
first class postage prepaid mail at the above address.


34. SWEEPSTAKES

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN A SWEEPSTAKES. A
PURCHASE OF A GREEN CHEF SUBSCRIPTION WILL AUTOMATICALLY ENTER YOU INTO OUR
SWEEPSTAKES, HOWEVER, A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. CHANCES
OF WINNING A SWEEPSTAKES WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.
AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PRIZE ACCEPTANCE AGREEMENT MAY BE
REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND
ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. BY
PARTICIPATING IN A SWEEPSTAKES, YOU AGREE TO THE APPLICABLE OFFICIAL RULES. OPEN
ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. OR OLDER. VOID WHERE
PROHIBITED BY LAW.


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