Last updated April 2026

Welcome to the terms and conditions ("Terms") for Hungryroot.com, (the "Site"), our mobile applications ("App") and the products and services offered, operated or made available therein (collectively, the "Hungryroot Platform" or the "Services"). The Hungryroot Platform is owned and operated by Hungryroot, Inc. ("Hungryroot", "We", "Our", "Us" or "Company"), and is offered to you conditioned on your acceptance without modification of these Terms. Please carefully review these Terms before using the Hungryroot Platform, or accessing any data thereon. If you do not agree to these Terms, you may not access or use the Hungryroot Platform. To use the Hungryroot Platform and to accept these Terms, you must (1) be a legal resident of the United States, (2) be at least 18 years old, (3) not be prohibited by law from using the Hungryroot Platform, and (4) not have been suspended or removed from the Hungryroot Platform.

THESE TERMS ARE AN ENFORCEABLE CONTRACT BETWEEN YOU AND HUNGRYROOT WHICH AFFECTS YOUR LEGAL RIGHTS. IN PARTICULAR, IT CONTAINS, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION That Will, With Limited Exceptions, Require Disputes Between Us To Be Submitted To Binding And Final Arbitration. PLEASE REFER TO SECTION 25 BELOW FOR MORE INFORMATION.

IN ADDITION, PLEASE NOTE THAT YOUR PERIODIC SUBSCRIPTION WILL AUTOMATICALLY RENEW UNLESS YOU TAKE STEPS TO CANCEL SUCH SUBSCRIPTION, AS FURTHER EXPLAINED IN SECTION 6.

1. CHANGES TO TERMS

   Hungryroot reserves the right, in its sole discretion, to change the Terms under which the Hungryroot Platform is offered by posting the revised Terms to the Site. The most current version of the Terms will supersede all previous versions. Your continued use of the Hungryroot Platform after any change to the Terms constitutes your agreement to be bound by any such changes. Hungryroot encourages you to periodically review the Terms to stay informed of our updates. We will take reasonable steps to provide notice to you of any material changes to the Terms.

2. OVERVIEW OF THE HUNGRYROOT PLATFORM

   Hungryroot is a grocery delivery service. Through the Hungryroot Platform, you may identify your grocery-related needs. We will help you create a grocery plan and identify groceries that you'd like to purchase. We then facilitate delivery of such groceries. We make this Service available through an automatic, recurring, periodic subscription. You will receive a package from Hungryroot on a periodic basis based on your subscription selection with the groceries you select from the Hungryroot Platform. For specific details regarding your subscription, visit your Account Settings.

   IMPORTANT HEALTH INFORMATION & MEDICAL DISCLAIMER

   The Hungryroot Platform may provide recipes, meal suggestions, nutritional information, wellness content, and personalized grocery recommendations. This information is provided for general informational purposes only and is not intended to be, and must not be used as, medical advice, nutritional counseling, diagnosis, treatment, or a substitute for professional medical or dietary advice. You should consult a qualified healthcare professional before making any dietary changes, beginning any supplement regimen, or if you have any health-related questions or concerns. If Hungryroot offers dietary supplements through the Hungryroot Platform, such products have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

   Hungryroot is not a medical organization, and your use of the Hungryroot Platform does not create a doctor-patient or similar professional relationship. Results from using the Hungryroot Platform, including any health, wellness, or weight management outcomes, are not guaranteed and will vary based on individual factors. Hungryroot does not guarantee that you will achieve any particular health or dietary result from using the Hungryroot Platform.

3. PRIVACY POLICY

   Hungryroot maintains a Privacy Policy which details how we handle and protect data. By agreeing to these Terms, you also agree to our Privacy Policy. We reserve the right to update the Privacy Policy at our discretion, and any changes made to our Privacy Policy are effective when the updates are live on the Site. Our Privacy Policy is available here.

   California residents may have additional rights regarding their personal information under the California Consumer Privacy Act, including the right to know, delete, and opt out of the sale or sharing of personal information. Please review our Privacy Policy for details.

4. YOUR ACCOUNT

   1. User Information. To access the Hungryroot Platform, you must create a Hungryroot user account ("Account"). This process includes the creation of a Login ID and password to access the Hungryroot Platform. When you sign up for an Account, you agree to provide accurate, current and complete information – such as your name, mailing address, and email address – as may be prompted by any such registration forms available through the Hungryroot Platform or as otherwise requested by Hungryroot ("User Information"). You represent that you are the legal owner of, and that you are authorized to provide us with, all User Information and other information necessary to facilitate your use of the Hungryroot Platform. In order to use certain Services, Hungryroot may be required to verify your identity. You authorize Hungryroot to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the Hungryroot Platform. Should any of your User Information change, you agree that you will update such User Information as soon as possible. To update your User Information, you may log into your Account and update your User Information through the options listed.

   2. Confidentiality. You are responsible for maintaining the confidentiality of your Account, including your Login ID, password, and User Information, and for restricting access to your computer and/or mobile telephone. Should you believe or have reason to believe that your Account, or any User Information, has been compromised, or that another person is accessing your Account through some other means, you agree to notify us immediately at [email protected].

   3. Responsibility for Account Activities. You agree to accept responsibility for all activities that occur under your Account or password 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. You acknowledge that Hungryroot is not responsible for third party access to your Account that results from theft or misappropriation of your Account.

   4. Termination and Modification. Hungryroot reserves the right to (1) refuse, cancel, or limit your access to the Hungryroot Platform, (2) terminate, or limit your access to, your Account, and (3) remove or edit content made available through the Service, in our sole discretion and without prior notice or liability. In the event that your Account is terminated after you have redeemed Credits (defined below) for groceries but prior to such groceries' delivery, we will cancel such delivery and send you a refund of the cost of such groceries to the payment method associated with your Account; provided that in certain scenarios we may be unable to cancel such delivery, in which case you will not receive a refund of the cost of such groceries and such groceries will still be delivered to you despite the termination of your Account. Please contact [email protected] for additional details.

5. SUBSCRIPTION, AUTOMATIC RENEWALS AND PAYMENT METHODS

   1. Subscription. We offer periodic subscription plans personalized to customers' needs. The amount of the periodic subscription charge is derived from the selections you make when creating your Account on the Hungryroot Platform, including, among other things, the serving sizes, number of servings and groceries you select. By requesting a periodic subscription, you will receive a number of credits which will be reflected in your Wallet and can be redeemed to purchase the items on your Hungryroot grocery list ("Credits"). Credits are simply a tracking mechanism to enable more streamlined grocery purchases. You can adjust the grocery items and recipes on your Hungryroot grocery list at any time prior to the Renewal Date (defined below). As described below, your subscription will automatically renew on the periodic basis you select unless you cancel your subscription consistent with Section 6 or elect to skip a periodic subscription. You will receive the same baseline amount of Credits at the time of each renewal of your periodic subscription. If you regularly order more than your subscription plan, Hungryroot will adjust and recommend more personalized items for you, which may increase the number of Credits that you receive and the associated cost for that periodic subscription. You may remove and customize items out of your subscription to return to your baseline amount of Credits. You may also adjust the number of Credits that you receive with each periodic subscription by changing your selections in your Plan Details tab of your Account Settings. For additional details on your periodic subscription plan, including the anticipated renewal charge, please visit the Plan Details tab of your Account Settings.

      If you do not modify the groceries on your Hungryroot grocery list or skip your order prior to cut-off time on the Renewal Date, Hungryroot may automatically populate your order with recommended items based on your preferences, past orders, and available inventory, and your order will be processed and charged automatically. BY SUBSCRIBING TO A PERIODIC SUBSCRIPTION PLAN, YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR REVIEWING AND MANAGING YOUR GROCERY LIST PRIOR TO CUT-OFF TIME ON THE RENEWAL DATE. YOUR FAILURE TO MODIFY YOUR GROCERY LIST OR SKIP YOUR PERIODIC SUBSCRIPTION BEFORE CUT-OFF TIME ON THE RENEWAL DATE CONSTITUTES YOUR AUTHORIZATION FOR HUNGRYROOT TO PROCESS YOUR ORDER AS POPULATED, WHETHER SELECTED BY YOU OR RECOMMENDED BY HUNGRYROOT, AND TO CHARGE YOUR PAYMENT METHOD ON FILE FOR THE FULL AMOUNT OF YOUR ORDER, INCLUDING ALL APPLICABLE TAXES AND FEES.

   2. Credits. By agreeing to these Terms, you acknowledge and agree that (1) you receive a personal, limited, non-assignable, non-transferable, non-exclusive, non-sublicensable, revocable right to use Credits to purchase groceries through the Service and you do not own, or have any other right or title in or to any such Credits; (2) Credits are promotional in nature, have no cash value and your right to use Credits cannot be sold, traded, transferred, exchanged, or used outside of the Service; (3) you do not own, or have any other property or other right or title in or to, any Credits; (4) your right to use Credits terminates when your Account is terminated by you or by Hungryroot, and Hungryroot has no liability to you or to any third party if you fail to use any Credits associated with your Account; (5) Hungryroot reserves the right to change the amount of Credits that (i) you receive in connection with each periodic subscription; and (ii) must be redeemed to purchase any grocery items available through the Service, at any time and without prior notice in Hungryroot's sole discretion; and (6) Hungryroot reserves the right to establish any terms and conditions associated with the Credits including, but not limited to, the process by which Credits are redeemed for groceries, all of which may be subject to modification or cancellation by Hungryroot at any time and without prior notice in Hungryroot's sole discretion. If you fail to use any Credits following the expiration of the applicable subscription period, such remaining Credits (i) will be available for use during your next subscription period and (ii) will expire sixty (60) days after the date of your last delivered order. In the event that you cancel your subscription plan, any Credits that you have failed to use following the expiration of the applicable subscription period will not be canceled, but will remain subject to the expiration as set forth in the immediately preceding sentence. For the avoidance of doubt, you will be charged for your entire periodic subscription price irrespective of whether any Credits are unused and are available for use during your next subscription period.

   3. Automatically Renewing Subscriptions. WHEN YOU REGISTER FOR A PERIODIC SUBSCRIPTION PLAN, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) HUNGRYROOT (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD ON FILE ON THE RENEWAL DATE FOR YOUR SUBSCRIPTION FEE (IN ADDITION TO ANY APPLICABLE TAXES) UNTIL YOU CANCEL YOUR PERIODIC SUBSCRIPTION PLAN AND (B) THE AUTOMATIC RENEWAL OF YOUR PERIODIC SUBSCRIPTION SHALL CONTINUE UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICE OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP YOUR PERIODIC SUBSCRIPTION PLAN AS OFTEN AS YOU'D LIKE BY MANAGING YOUR DELIVERY SCHEDULE IN YOUR ACCOUNT SETTINGS. IF YOU ELECT TO SKIP YOUR PERIODIC SUBSCRIPTION PRIOR TO THE RENEWAL DATE, YOU WILL NOT BE CHARGED ON THE RENEWAL DATE FOR YOUR PERIODIC SUBSCRIPTION; PROVIDED, HOWEVER, THAT YOU WILL BE CHARGED ON EACH RENEWAL DATE THEREAFTER UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION CONSISTENT WITH SECTION 6 BELOW OR ELECT TO SKIP YOUR PERIODIC SUBSCRIPTION.

   4. Billing Date. Your subscription term begins on the date that your initial subscription payment is processed. Unless you cancel your subscription pursuant to Section 6 or we suspend or stop providing Services, your subscription will automatically renew and you will be automatically charged for the cost of your subscription after cut-off time on the Renewal Date; provided that charges initiated on weekends or holidays may not be effected until the following business day. As used herein, the term "Renewal Date" refers to the last date on which you may elect to terminate your periodic subscription or elect to skip your periodic subscription. As used herein, the cut-off time refers to the last time you can edit your order—11:59 pm in the time zone of your delivery address, or as otherwise specified in the Orders section of your Account. For the avoidance of doubt, if you do not terminate or skip your periodic subscription by cut-off time on the Renewal Date your subscription will automatically renew. You can elect to skip a subscription by managing your delivery schedule in the Upcoming tab of your Account. You can find your Renewal Date in the Plan Settings section of your Account. Hungryroot reserves the right to change your Renewal Date, or the date that you will be charged for the cost of your subscription, in accordance with Section 5.f. or after providing you with prior advance notice. Any change to your Renewal Date will be reflected in the Plan Settings section of your Account.

   5. Additional Groceries. At any time prior to the Renewal Date, you can modify the groceries and applicable serving sizes on your Hungryroot grocery list. In the event that the amount of Credits associated with your Account is insufficient to pay for all the groceries on your Hungryroot grocery list, you are responsible for paying the cost of those groceries for which there are insufficient Credits. You expressly acknowledge and agree that Hungryroot (or our third-party payment processor) is authorized to charge your payment method on file on the Renewal Date for the cost of any items on your Hungryroot grocery list (in addition to any applicable taxes) for which there are insufficient Credits. Any additional fees will be disclosed to you through the Hungryroot Platform in advance of such purchase.

   6. Payment Method. In order to obtain a periodic subscription and order groceries through the Service, you must provide valid payment information (e.g., credit card and/or debit card). By subscribing for a periodic subscription, you also agree and authorize (1) the payment method(s) you provide to be charged for all fees and taxes applicable to your subscription, (2) Hungryroot (or our third-party payment processor) to automatically charge alternative payment methods associated with your Account if a primary payment method is declined or no longer available, (3) Hungryroot to share payment information and instructions required to complete the payment transactions between Hungryroot, our third-party 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. If we cannot charge your payment method for any reason (such as expiration or insufficient funds) on the Renewal Date, and you have not canceled your periodic subscription plan, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update from time to time. This may result in a change to the start of your next subscription period and may change the Renewal Date, as displayed on your receipt. We reserve the right to cancel your periodic subscription if we are unable to successfully charge your payment method to renew your subscription, or if your payment method cannot be verified, is invalid, or is otherwise not acceptable. Hungryroot reserves the right to collect any outstanding payment due, and may transfer the collection of your outstanding balance to a third-party collection agency.

6. CANCELLATION POLICY

   Once you receive your first delivery you may cancel your subscription plan at any time online in your Account page or by contacting [email protected]. Periodic subscriptions are processed at cut-off time on the Renewal Date. If your order is identified as "Processed" on your My Hungryroot page, your periodic subscription plan has already processed and cannot be canceled. Cancellations submitted after cut-off time on the Renewal Date will apply to all un-processed orders. The cut-off time refers to the last time you can edit your order—11:59 pm in the time zone of your delivery address, or as otherwise specified in the Orders section of your Account. You will be responsible for all charges associated with a subscription plan that is processed prior to cancellation.

   For California residents: You may cancel your subscription at any time. If you accepted your subscription online, you may cancel online through your Account settings. Hungryroot will provide annual reminders to active subscribers disclosing the applicable product or service, the frequency and amount of charges, and instructions on how to cancel, in accordance with California Business and Professions Code Section 17602. Hungryroot will also provide advance notice before any change to your subscription fees takes effect.

7. REFUND POLICY

   We want you to be completely satisfied with your order. If you are not, let us know at [email protected]. Refunds of all or a portion of your subscription fee are granted on a case by case basis within thirty (30) days of the associated delivery date and take ten (10) to fifteen (15) business days to process. We do not accept returns of groceries purchased through Hungryroot. Any refunds issued to you will be made to your payment method(s) associated with your Account.

8. ARTIFICIAL INTELLIGENCE FEATURES

   The Services may include AI-powered chatbots and other artificial intelligence features (collectively, "AI Features"). AI Features may allow you to provide input to the feature ("AI Input"), and receive output, responses, recommendations, or other results based on that input ("AI Output"). AI Input and AI Output are collectively "AI Content." You are responsible for AI Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide AI Input to the AI Features.

   AI Features and AI Outputs are provided for informational purposes only. AI Outputs are not professional advice and are not intended to be, and must not be used as, medical advice, nutrition counseling, diagnosis, treatment, or other healthcare services. You should consult a qualified professional regarding any health, medical, dietary, allergy, or other concerns.

   AI Features may produce AI Outputs that are inaccurate, incomplete, misleading, out of date, or not appropriate for your circumstances. We do not guarantee that AI Output will be accurate, complete, or reliable. Certain AI Features may attempt to personalize recommendations based on your AI Input (e.g., preferences, dietary restrictions, allergies), but we do not guarantee that AI Outputs (or any meals, groceries, ingredients, or substitutions) will be suitable for your needs or free from allergens or cross-contact. You are solely responsible for evaluating AI Outputs and for all decisions made or actions taken in reliance on AI Outputs, including verifying ingredient information, nutrition information, and allergens before ordering, use, or consumption. (This is in addition to, and not in lieu of, the other allergen and product-information provisions in these Terms.)

   AI Features may rely on third-party systems or services, and AI Outputs may vary over time even for the same or similar AI Inputs. We are not responsible for third-party systems outside of our control.

   We may use AI Content to provide, maintain, develop, and improve the Services (including AI Features), comply with applicable law, enforce our terms and policies, and keep the Hungryroot Platform safe.

9. PROMOTIONS

   Hungryroot may, from time to time, offer promotional pricing, discounts, incentives, rewards, loyalty benefits, or other promotional offers in connection with the Hungryroot Platform (each, a "Promotion"). Hungryroot reserves the right, in its sole discretion, to determine eligibility for any Promotion, to establish the terms, conditions, duration, and value of any Promotion, and to modify, limit, suspend, or discontinue any Promotion at any time, with or without notice. Promotions have no cash value, are non-transferable, and may not be combined with other Promotions unless expressly stated. Order-level incentives apply only to the specific order for which they are offered and do not carry over to subsequent orders

   Without limiting the foregoing, the term "Promotion" also includes any promotional pricing we may offer you in connection with (1) periodic subscription (such as a discount off of a user's first delivery) or (2) items included in your Hungryroot shopping list (such as a discount on a grocery item).

   To be eligible for any Promotion, you must be a U.S. resident with a valid U.S. mailing address (excludes Hawaii and Alaska, P.O. Boxes, and APO/FPO/DPO). You may only redeem one (1) Promotion per Account, and you are ineligible to redeem a Promotion if another Hungryroot user in your household has already redeemed a Promotion. To be eligible for any Promotion, you must (1) create an Account for the first time or reactivate your Account, as applicable; (2) select a Hungryroot periodic subscription plan; (3) enter the correct promo code prior to completing your order; and (4) complete all required fields in order to complete the order and payment processes, each in its entirety, including a valid form of payment. Promo codes cannot be applied to previously placed orders and are not transferable or redeemable for cash or Credit. If your order complies with this Section 9 and the promo code you enter is valid, we will apply the applicable Promotion to your order.

   Any attempt by you to abuse your right to participate in Promotions by using multiple or different identities, email addresses, registrations, Accounts, and/or any other methods, will void and disqualify you from receiving any Promotion at our sole discretion. For purposes of clarity, percentage or dollar off Promotions may be combined with free item for life Offers (defined below), but may not be combined with other percentage or dollar off promotions offered by Hungryroot.

   We reserve the right to void any Promotion redemption that appears to be fraudulent, results from a fraudulent transaction, or is not compliant with these Terms. You may not participate in the Promotion if your participation would be prohibited by any applicable law.

   You acknowledge and agree that (1) Promotions have no cash value; (2) Promotions are not redeemable for cash and there are no substitutions. If you cancel or fail to renew your subscription, you will no longer be eligible to receive your Free For Life Item following the reactivation of your subscription.

   To be eligible for a Free For Life Item, you must be a U.S. resident with a valid U.S. mailing address (excludes Hawaii and Alaska, P.O. Boxes, or APO/FPO/DPO). You may only redeem one (1) offer for a Free For Life Item per Account, and you are ineligible to redeem an offer for a Free For Life Item if another Hungryroot user in your household has already redeemed an offer for a Free For Life Item. To be eligible for a Free For Life Item, you must (1) create an Account for the first time or reactivate your Account, as applicable; (2) select a periodic subscription; (3) select the category of Free For Life Item that you would like in the onboarding survey (e.g., vegetable, protein, cookie dough, etc.) or enter the correct promo code prior to completing your order; and (4) complete all required fields in order to complete the order and payment processes, each in its entirety, including a valid form of payment.

   Any attempt by you to abuse the offer for a Free For Life Item by using multiple or different identities, email addresses, registrations, Accounts, and/or any other methods, will void and disqualify you from receiving the Free For Life Item at our sole discretion. For purposes of clarity, this offer for a Free For Life Item may be combined with other financial discount type promotions offered by Hungryroot including, but not limited to, Promotions.

   We reserve the right to cancel or modify our offer for a Free For Life Item for any reason and at any time, with or without prior notice; provided, however, that if we modify these Terms to eliminate the Free For Life Item program, you will continue to receive your Free For Life Item until you cancel your Account or fail to renew your subscription. We reserve the right to void any redemption of a Free For Life Item offer that appears to be fraudulent, results from a fraudulent transaction, or is not compliant with these Terms. You may not participate in the Free For Life Item program if your participation would be prohibited by any applicable law.

   This offer for a Free For Life Item is not redeemable for cash, has no cash value, and there are no substitutions. For questions about the Free For Life Item program, or to opt out of your receipt of your free item with one (1) or more upcoming deliveries, please email [email protected].

10. REFERRAL PROGRAM

    1. General. You may share with your friends ("Referred Customers") a referral link or code ("Referral Code") that they can use to receive a number of Credits determined by Hungryroot in its sole discretion and disclosed to you through the Hungryroot Platform (the "Program"). Subject to these Terms, when your Referred Customer uses your link and subscribes for a Hungryroot periodic subscription plan (a "Referral Purchase"), you will receive the Credits associated with the relevant Referral Code once their first delivery finalizes. You may earn only one (1) Reward per Referred Customer. To receive multiple Rewards, multiple Referred Customers must make a Referral Purchase using your Referral Code. You cannot refer yourself to earn a Reward and purchases by Referred Customers who share your email address, billing address or shipping information will not qualify for a Reward. When sharing Referral Codes, you agree that you will always tell your Referred Customers that you will receive a Reward from Hungryroot if they make their first Referral Purchase using your Referral Code. Referral Codes and Rewards are not transferable, have no cash value, and cannot, under any circumstances, be redeemed for gift cards, cash or any cash equivalent. Rewards are not your property. Your Rewards are forfeited upon the cancellation of your then-current subscription.

    2. Eligibility. Eligibility to participate in the Program is limited to individuals only. The Program cannot be used by businesses or for affiliate lead generation or similar purposes, as determined in Hungryroot's sole discretion. The use of multiple Accounts, email addresses, online identities or aliases to circumvent the eligibility requirements and/or other limitations of the Program is prohibited and may result in exclusion from the Program and the cancellation of all related Rewards. The Program should only be used for personal and non-commercial purposes. You should only share your Referral Code with your personal connections and Referral Codes should not be published or distributed on commercial websites (such as coupon websites, Reddit, Wikipedia, etc.), on blogs, or other websites created to take advantage of referral traffic generated from individuals searching for coupons or other discount codes, as determined by Hungryroot in its sole discretion. You must also comply with all laws governing the transmission of email or other electronic communications. For example, emails must be created and distributed in a personal manner and bulk email distribution is prohibited. Any distribution of your Referral Code that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited. You are prohibited from paying to advertise your Referral Code. Hungryroot reserves the right to deactivate any Referral Code distributed through unauthorized channels and to revoke all related Rewards.

    3. Right to Close Accounts. Hungryroot reserves the right to close your Account and deactivate, cancel or revoke all Referral Codes and related Rewards if Hungryroot suspects that you (or any Referred Customer you refer to Hungryroot) has used or attempted to use the Program in a fraudulent or abusive manner or in violation of these Terms or applicable law.

    4. Right to Terminate Program. Hungryroot reserves the right to modify or terminate the Program at any time, without notice, in Hungryroot's sole discretion.

11. SMS MESSAGING; EMAIL

    You consent to receive SMS/MMS messages from us, our agents, representatives at the specific number(s) you have provided to us, with Services-related information from 9176343618 containing (1) Order updates, (2) order delivery reminders, (3) debt collection; along with Marketing promotions from 68646 including (4) Marketing messages, (5) promotions and offers.

    Your consent to receive marketing text messages is not required as a condition of purchasing any goods or services from Hungryroot. Marketing text messages may be sent using an automatic telephone dialing system or other automated technology. You may separately opt in to or opt out of marketing text messages (as described below) without affecting your ability to use the Hungryroot Platform or receive transactional messages (such as order updates and delivery reminders).

    You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else's. You represent that you are permitted to receive text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Hungryroot and our agents, representatives messaging on our behalf may use such means of communication described in this Section 11 even if you will incur costs to receive such text messages.

    We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you. You may unsubscribe from receiving SMS messages from us at any time by replying "STOP" to any of the messages. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. For help, reply "HELP" to any Text Message you receive from us or contact customer care at [email protected]. We will honor any opt-out request within ten (10) business days of receipt. In addition to "STOP," we will treat any reply of "quit," "end," "cancel," "unsubscribe," "revoke," or "opt out" as a valid request to cease marketing messages.

    Message frequency varies. Message and data rates may apply to all SMS messages (including text messages). Carriers are not liable for delayed or undelivered messages.

    If you have any questions regarding privacy, please read our privacy policy: linked here.

    Please contact your mobile phone carrier for additional details.

    You may also receive commercial email communications from Hungryroot. You may unsubscribe from marketing emails at any time by clicking the "unsubscribe" link in any marketing email or by contacting [email protected]. Unsubscribing from marketing emails will not affect transactional emails related to your Account or orders.

12. TELEPHONE CALLS

    You consent to receive telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, with Services-related information such as alerts or questions to (1) notify you about your Account; (2) provide you updates on the status of your order and/or delivery; (3) collect an outstanding payment or debt.

    You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else's. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Hungryroot and our agents, representatives, affiliates and anyone calling on our behalf may use such means of communication described in this Section 12 even if you will incur costs to receive such phone messages, text messages, e-mails or other means.

13. BETA TERMS

    We may occasionally provide features or services designated as beta, trial, preview, or the like, some of which may be experimental or not yet ready for general release ("Beta Services"). Beta Services are provided for evaluation and testing purposes and may be subject to additional terms, restrictions, or eligibility requirements that we communicate to you. We may also test new or modified features, functionality, pricing, or user experiences with a subset of users before making them generally available. Not all features or services may be available to all users at all times, and feature availability may vary by account, location, device, or other factors in our sole discretion. Such testing may include phased rollouts, A/B testing, or similar evaluation methods, and participation in any such test does not guarantee that the tested feature or experience will be made generally available.

    We may modify, suspend, or discontinue Beta Services (in whole or in part) at any time, with or without notice.

    You acknowledge that the Beta Services may not have been fully tested and may contain bugs, errors, defects, and other issues and may provide unexpected results, loss of data, or interruptions. We are under no obligation to generally release Beta Services or to provide any special maintenance, technical support, or other service or support for Beta Services.

    THE BETA SERVICES ARE PROVIDED "AS AVAILABLE" AND "AS IS," WITH ALL FAULTS, DEFECTS AND ERRORS, AND HUNGRYROOT WILL HAVE NO LIABILITY OF ANY KIND FOR ANY ERROR, OMISSION OR DEFECT IN THE BETA SERVICES, ANY INABILITY TO USE THE BETA SERVICES, OR ANY HARM OR DAMAGE ARISING FROM YOUR OR ANY THIRD-PARTY'S USE OF THE BETA SERVICES.

14. FEEDBACK

    You may provide us with comments, suggestions, or ideas for enhancements, improvements, or changes to Beta Services or our Services or business in general, including ideas for new features, materials, and other content ("Feedback"). You acknowledge and agree that any Feedback is not confidential and we, our affiliated companies, and our partners will be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

15. THIRD-PARTIES

    1. Linked Sites. The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Hungryroot and Hungryroot is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Hungryroot is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hungryroot of the site or any association with its operators.

    2. Third-Party Services. Certain services made available via the Site are delivered by third-party sites and organizations. Any dealings with third-parties conducted through the Hungryroot Platform or Linked Sites, including but not limited to the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-parties. Hungryroot shall not be responsible or liable for any part of any such dealings.

    3. Sharing User Information. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Hungryroot may share your User Information and/or information about your grocery selections with any third-party with whom Hungryroot has a contractual relationship to provide the requested product, service or functionality on your behalf.

    4. Advertising and Analytics Partners. We may share your User Information and usage data with advertising partners, analytics providers, and marketing platforms (including, without limitation, AppLovin and similar services) to deliver personalized advertising, measure advertising performance, and improve our marketing efforts. For more information about how your data is shared and your choices regarding such sharing, please see our Privacy Policy.

    5. Third-Party Product Information. Product pages reflect information provided by third-party providers and while we strive to ensure that such information is accurate, we do not guarantee it. Such information may be incomplete, out of date, or otherwise incorrect. YOU SHOULD REVIEW ALLERGEN, INGREDIENT AND NUTRITIONAL INFORMATION AS WELL AS ANY WARNINGS OR INSTRUCTIONS BEFORE YOU BUY, USE OR CONSUME ANY PRODUCT. Information, statements and reviews regarding products have not been evaluated by the U.S. Food and Drug Administration. We do not guarantee the accuracy of nutritional labels, claims or any other information on product packaging.

    6. Third-Party App Stores. The following additional terms apply if you download the App from a third-party application store, including the Apple App Store or Google Play Store (each, a "Third-Party Store"):

       (1) These Terms are between you and Hungryroot only, and not with the Third-Party Store provider. Hungryroot, not the Third-Party Store provider, is solely responsible for the App and its content.

       (2) The Third-Party Store provider has no obligation to provide any maintenance, support, or other services with respect to the App.

       (3) In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable Third-Party Store provider, and the Third-Party Store provider may refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, the Third-Party Store provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Hungryroot's sole responsibility.

       (4) Hungryroot, not the Third-Party Store provider, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

       (5) In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Hungryroot, not the Third-Party Store provider, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

       (6) The Third-Party Store provider and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, the applicable Third-Party Store provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

       (7) 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.

       (8) You must comply with all applicable third-party terms of agreement when using the App, including the applicable Third-Party Store's terms of service. If any terms of these Terms conflict with the terms of the applicable Third-Party Store, the more restrictive or conflicting terms of the Third-Party Store will apply solely with respect to the App obtained from that Third-Party Store.

16. LIMITATIONS OF USE

    You are granted a non-exclusive, non-transferable, revocable license to access and use the Hungryroot Platform strictly in accordance with these Terms. You agree to use the Hungryroot Platform only for lawful purposes and in accordance with these Terms. You are prohibited from any use of the Hungryroot Platform that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Hungryroot Platform, including but not limited to unauthorized entry into Hungryroot's systems, misuse of passwords, or misuse of any information posted on through the Hungryroot Platform is strictly prohibited.

    The Hungryroot Platform is controlled, operated and administered by Hungryroot from our offices within the United States. Hungryroot makes no claims concerning whether use of the Hungryroot Platform is appropriate outside of the United States. If you access the Services from a location outside the United States, you are solely responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable local laws, restrictions or regulations.

    You agree you will not (1) try to reverse engineer, disassemble, decompile, or decipher the Hungryroot Platform or software making up the Hungryroot Platform, (2) navigate or search the Hungryroot Platform with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders), (3) use a means other than Hungryroot's provided interface to access the Hungryroot Platform, (4) use the Hungryroot Platform in a way that could damage, disable, overburden, or impair the Hungryroot Platform or interfere with another party's use and enjoyment of the Hungryroot Platform, or (5) mirror any material contained on the Hungryroot Platform.

    Hungryroot reserves the right to take various actions against you if we believe you have engaged in activities restricted by these Terms or by laws or regulations, and Hungryroot also reserves the right to take action to protect Hungryroot, other users, and other third-parties from any liability, fees, fines, or penalties. We may take actions including, but not limited to: (1) updating information you have provided to us so that it is accurate, (2) limiting or completely closing your access to the Hungryroot Platform, (3) terminating or suspending your access to your Account, (4) suspending or terminating your ability to use the Hungryroot Platform on an ongoing basis, (5) taking legal action against you, and (6) holding you liable for the amount of Hungryroot's damages caused by your violation of these Terms.

17. INTELLECTUAL PROPERTY

    All content included as part of the Hungryroot Platform, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Hungryroot or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

    You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, related to the Hungryroot Platform without prior written permission from Hungryroot. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Hungryroot and the copyright owner. You agree that you do not acquire any ownership rights in any protected content in connection with your use of the Hungryroot Platform. We do not grant you any licenses, express or implied, to the intellectual property of Hungryroot or our licensors except as expressly authorized by these Terms.

18. GIFT CARDS

    Hungryroot may offer gift cards for purchase or distribution through the Hungryroot Platform or authorized third-party retailers ("Gift Cards"). The following terms apply to all Gift Cards:

    1. Redemption. To redeem a Gift Card, you must have or create a valid Account with Hungryroot. Redemption of a Gift Card will result in a credit applied to your Account in the amount of the Gift Card balance. Gift Card credits will be applied toward your purchases until the balance is depleted. Gift Cards are redeemable only through the Hungryroot Platform and only for products and services available on the Hungryroot Platform.

    2. No Cash Value. Gift Cards are not redeemable for cash or credit, except as required by applicable law. In accordance with applicable state laws, Gift Card balances of less than ten dollars ($10.00) may be redeemable for cash in California, Texas, Massachusetts, or Colorado. To request a cash redemption where required by law, please contact [email protected].

    3. Non-Transferable; No Resale. Gift Cards may not be resold, transferred for value, or redeemed for any form of currency except as set forth herein. Any Gift Card obtained through fraudulent means or in violation of these Terms is void.

    4. Lost or Stolen Gift Cards. Hungryroot is not responsible for lost, stolen, or damaged Gift Cards, except as required by applicable law. Lost or stolen Gift Cards will not be replaced.

    5. Expiration. Gift Cards do not expire.

    6. Termination. Gift Card balances remaining on your Account at the time of Account termination will be forfeited, except as prohibited by applicable law. All sales of Gift Cards are final and non-refundable.

    7. Modifications. Hungryroot reserves the right to modify or discontinue the Gift Card program at any time, with or without notice, provided that any outstanding Gift Card balances will be honored in accordance with these Terms and applicable law.

19. DEFECTS

    If Hungryroot or any governmental authority reasonably determines that any product provided to you in connection with the Services is defective and a recall is necessary, you agree that, upon notice from Hungryroot or any governmental authority, you must destroy such product at your sole cost and risk. In addition, Hungryroot may suspend or cancel all subsequent shipments of such product, in its sole discretion.

20. FOOD SAFETY AND HANDLING; SUBSTITUTIONS

    UPON DELIVERY OF YOUR ORDER, YOU ASSUME ALL RESPONSIBILITY FOR THE PROPER AND SAFE HANDLING, STORAGE, REFRIGERATION, PREPARATION, AND CONSUMPTION OF THE PRODUCTS.

    We recommend that you immediately refrigerate all perishable items upon receipt. You should follow all storage and preparation instructions provided on product packaging and labels. You are solely responsible for verifying the temperature, freshness, and condition of products upon delivery and before consumption. Hungryroot is not responsible for any illness, injury, or damage resulting from improper handling, storage, preparation, or consumption of products after delivery. For additional food safety guidance, we recommend consulting the USDA's safe food handling guidelines at https://www.fsis.usda.gov/food-safety/safe-food-handling-and-preparation.

    Although Hungryroot takes every reasonable measure to maintain sufficient inventory to fulfill your order, product availability may change without notice. Hungryroot reserves the right to substitute a similar product of comparable type, quality, and value if an item on your grocery list is unavailable. When making substitutions, Hungryroot will use reasonable efforts to account for your stated dietary preferences and restrictions; however, substituted items may contain different ingredients, allergens, or nutritional content than the originally selected items. You are solely responsible for reviewing the packaging, labels, ingredient lists, and allergen information of all products, including substituted products, before handling, preparing, or consuming them. If Hungryroot makes a substitution, we will use reasonable efforts to notify you through the Hungryroot Platform or via email prior to shipment. If you have questions or concerns about a substituted item, please contact us at [email protected].

21. ALLERGEN INFORMATION

    PLEASE NOTE THAT THE NINE MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT, EGG, SOY, MILK, TREE NUTS, PEANUTS, FISH, SHELLFISH, AND SESAME, ARE STORED, PORTIONED, AND PACKAGED IN HUNGRYROOT'S AND OUR SUPPLIER'S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE HUNGRYROOT TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, YOUR DELIVERY 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. HUNGRYROOT DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON THE SITE 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 THE SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT HUNGRYROOT'S CUSTOMER CARE TEAM IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

22. SHIPPING AND DELIVERY

    Hungryroot uses third-party carriers to deliver your orders and will provide tracking information when available. You must provide accurate and complete shipping information, including any special delivery instructions. Hungryroot uses insulated packaging designed to keep perishable items at safe temperatures during transit; however, delivery times and conditions are subject to factors outside of Hungryroot's control, including carrier delays, weather, and other events.

    Upon delivery, you are responsible for promptly retrieving and inspecting your package to confirm that items arrived in acceptable condition. If you are not available at the time of delivery, your package may be left at your door or in a common area, and Hungryroot is not responsible for packages that are stolen, damaged by weather, or otherwise compromised after delivery by the carrier. If your order arrives damaged, with missing items, or in a condition that suggests temperature compromise, you must report the issue to [email protected] within forty-eight (48) hours of delivery. Hungryroot will review reported issues and, in its sole discretion, may issue a credit, replacement, or refund in accordance with our Refund Policy.

    Hungryroot is not responsible for delivery failures caused by incorrect or incomplete shipping information provided by you, inaccessible delivery locations, or carrier errors after the package has left Hungryroot's facilities

23. INDEMNIFICATION

    You agree to indemnify, defend and hold harmless Hungryroot, its officers, directors, employees, agents and third-parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of (1) your access to, use of, alleged use of, or inability to use the Hungryroot Platform, (2) your violation of any (i) rights of any third-party, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right, or (ii) applicable laws, rules or regulations, (3) any disputes or issues between you and any third-party including, but not limited to, our suppliers or third-party service providers, or (4) any content that you provide, upload, submit, or send to Hungryroot.

    Hungryroot reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hungryroot in asserting any available defenses. You agree not to settle any matter subject to this Section 23 without the prior written consent of Hungryroot.

24. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

    Disclaimer of Warranties.

    THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HUNGRYROOT PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HUNGRYROOT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HUNGRYROOT PLATFORM AT ANY TIME.

    HUNGRYROOT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS RELATED TO THE HUNGRYROOT PLATFORM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

    HUNGRYROOT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    Limitation of Liability.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUNGRYROOT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE HUNGRYROOT PLATFORM OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE HUNGRYROOT PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HUNGRYROOT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF HUNGRYROOT IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE HUNGRYROOT PLATFORM DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $100.

    BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

25. DISPUTE RESOLUTION BY BINDING ARBITRATION

    PLEASE READ THIS SECTION 25 CAREFULLY AS IT AFFECTS YOUR RIGHTS.

    YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A CLAIM BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SECTION 25.m BELOW.

    1. Election to Arbitrate. You and Hungryroot agree that the sole and exclusive forum and remedy for resolution of a Claim (defined below) is final and binding arbitration pursuant to this Section 25 (the "Arbitration Provision"), unless you opt out as provided in Section 25.m below or your Claim is subject to an explicit exception to in this Arbitration Provision. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of your use of the Hungryroot Platform, these Terms, and/or the activities or relationships that involve, lead to, or result from these Terms, including the validity or enforceability of this Arbitration Provision, any part thereof, or the Terms. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise, except that both you and Hungryroot retain the right: (1) to bring an individual action in small claims court (a "Small Claims Action"); or (2) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, the misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (an "IP Protection Action"). Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.

    2. Judicial Forum for Claims. In the event that (i) you or we bring an IP Protection Action; (ii) you timely provide Hungryroot with an Arbitration Opt-out Notice; or (iii) this Section 25 is found not to apply, the exclusive jurisdiction and venue of any Claim will be the state and federal courts located in New York, NY and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You and we both further agree to waive our right to a jury trial.

    3. Informal Dispute Resolution. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you will try to resolve the Claim informally by emailing [email protected] a written notice ("Written Notice"). The Written Notice must include: (1) your name; (2) the email address(es) associated with your relationship with Hungryroot; (3) a detailed description of the issue; and (4) how you'd like to resolve it. You must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice to [email protected], while the parties attempt informal resolution.

       The Written Notice must be provided on an individualized basis and you and Hungryroot agree to personally meet and confer, via telephone or videoconference, to attempt to resolve the Claim, with that meet and confer being individualized unless all parties agree otherwise. If either party is represented by counsel, that party's counsel may participate in the conference, but the party shall also personally attend the conference, unless one party states in writing that the other party is not required to personally attend. If a Claim is not resolved within sixty (60) days after the email noting the Claim is sent, you or Hungryroot may initiate an arbitration proceeding as described below.

    4. WAIVER OF RIGHT TO LITIGATE. UNLESS YOU TIMELY PROVIDE HUNGRYROOT WITH AN ARBITRATION OPT-OUT NOTICE, YOU ACKNOWLEDGE THAT YOU HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

    5. NO CLASS ACTIONS. YOU AGREE THAT ANY CLAIM BETWEEN YOU AND HUNGRYROOT THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

    6. CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER. YOU AND HUNGRYROOT ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS PROVIDED HEREIN BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY'S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF HUNGRYROOT PROVIDES ITS CONSENT TO CONSOLIDATE IT IN WRITING.

       This provision does not prevent you or Hungryroot from participating in a class-wide settlement of claims.

    7. Arbitration Procedures. The party initiating arbitration shall do so with National Arbitration and Mediation ("NAM"). Except as modified by this Arbitration Provision, NAM will administer any arbitration in accordance with the NAM's most current version of the NAM "Comprehensive Dispute Resolution Rules and Procedures," "Fees For Disputes When One of the Parties is a Consumer," and the "Mass Filing Supplemental Dispute Resolution Rules and Procedures" in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures permitting class or representative actions ("NAM Rules"). If you have any questions concerning NAM or would like to obtain a copy of the NAM Rules, you may visit their web site at www.namadr.com or email NAM's Commercial Department at [email protected]. In the case of a conflict between the NAM Rules and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the NAM Rules apply. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the NAM Rules. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator. The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from NAM's roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then NAM will appoint the arbitrator in accordance with the NAM Rules. The arbitrator(s) shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. You and Hungryroot agree that dispositive motions will be allowed in the arbitration.

       Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential. This Arbitration Provision shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms.

    8. Arbitration Location. Unless you and Hungryroot otherwise agree, the arbitration will be conducted in the county where you reside, or if you so elect, all proceedings can be conducted via videoconference, telephonically or via other remote electronic means. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Hungryroot submit to the arbitrator, unless the arbitrator determines that a videoconference or telephonic hearing is necessary. If your claim exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise. Subject to such rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

    9. Arbitration Fees. The initiating party must pay all filing fees for the arbitration. Your and Hungryroot's responsibility to pay other administrative and arbitrator fees shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). In such circumstances, arbitration fees (including attorneys' fees) may be imposed upon you consistent with the administrator rules. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law.

       The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Provision while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

    10. Mass Filings. To increase the efficiency of administration and resolution of arbitrations, in the event 25 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable) against Hungryroot within reasonably close temporal proximity ("Mass Filing"), the parties agree, subject to the provisions of this "Mass Filings" paragraph: (A) to administer the Mass Filing in batches of 100 demands per batch (or, if between 25 and 99 individual demands are filed, a single batch of all those demands, and, to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch of the remaining demands); (B) to designate one arbitrator for all demands in each batch; (C) to accept applicable fees, including, without limitation, any related fee reduction determined by NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable) in its discretion; (D) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by Hungryroot and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (E) that this process of batched proceedings shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.

        Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the NAM rules. In accordance with applicable law and to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual party agreement, the arbitrator will determine the location where the proceedings will be conducted.

        You agree to cooperate in good faith with Hungryroot and the arbitration provider to implement such a "batch approach" or other similar approach to provide for an efficient resolution of claims, including, without limitation, the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the efficient resolution of all filed claims, you and Hungryroot agree that NAM may increase the batch size or transfer cases between batches as determined in the reasoned discretion of the NAM procedural arbitrator, following the input of the parties. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a NAM procedural arbitrator.

        This "Batching" provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.

    11. Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the administrator rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

    12. Survival and Severability of Arbitration Provision. This Arbitration Provision shall survive the termination of these Terms. With the exception of Sections 25.e and 25.j if a court decides that any part of this Arbitration Provision is invalid or unenforceable, then the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. In the event that a court finds that all or any portion of Sections 25.e and 25.j to be invalid or unenforceable, then the entirety of this Arbitration Provision shall be deemed void and any remaining Claim must be litigated in court pursuant to Section 25.b.

    13. Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to [email protected], by May 19, 2026 or within thirty (30) days of the date of your electronic acceptance of these Terms, whichever is later (such notice, an "Arbitration Opt-Out Notice"). Such Arbitration Opt-Out Notice must clearly state that you are rejecting this Arbitration Provision; identify the Terms to which it applies by date; provide your name, and address; and be signed by you. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Provision. This is the only way to opt out of this arbitration agreement. An opt out that purports to opt out multiple parties will be invalid as to all such parties. No individual party (or their agent, representative, or group of agents or representatives) may effectuate an opt out on behalf of other individual parties. If you opt out of the arbitration provisions, Hungryroot also will not be bound by them.

        If you opt out of the Arbitration Provision, you may exercise your right to a trial by judge, as permitted by applicable law. If you opt out of the Arbitration Provision, you will not be opting out of any other provisions of these Terms and you agree to be bound by all other provisions of these Terms, which shall remain in effect as allowable by law.

    14. Changes to This Arbitration Provision. Hungryroot will provide 30 days' notice of the date of any material changes to this Arbitration Provision. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the 30th day or continue to use the Hungryroot Platform after the 30th day, you agree that any unfiled claims are subject to the revised clause. If Hungryroot changes this Arbitration Provision after the date you first accepted it (or accepted any subsequent changes to these Terms), you agree that your continued use of the Hungryroot Platform 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Arbitration Provision by emailing an opt-out notice to [email protected] before the 30-day period expires. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and Hungryroot in accordance with the provisions of this Section 25 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

26. GOVERNING LAW; JURISDICTION

    These Terms are governed by, and all Claims shall be resolved in accordance with, the Federal Arbitration Act, as set forth above, and the laws of the State of New York without regard to the conflicts of laws provisions thereof.

27. ASSIGNMENT

    You may not assign or transfer your Account, Credits, or your rights or obligations under these Terms, by operation of law or otherwise, without Hungryroot's prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. Hungryroot may assign or transfer its rights and obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

28. ELECTRONIC COMMUNICATIONS

    1. General. This Section 28 ("E-Sign Consent") is a legally binding agreement between Hungryroot and its subsidiaries, affiliates, agents and assigns (collectively, the "Company") and you regarding your use of the Hungryroot Platform. Please read this E-Sign Consent carefully and print or save a copy for future reference to verify that you can keep this type of electronic record. The Services may be delivered, administered, obtained, or accessed electronically through the Internet, email, text-messaging, and/or software applications (including applications for mobile or handheld devices). In connection with any Service, the Company may choose to provide certain Records (defined below) to you in electronic form and obtain your electronic signature in connection with those Records. If you choose not to agree to this E-Sign Consent, or you withdraw your consent, you may be ineligible to use or obtain the Hungryroot Platform.

    2. Records to be Provided in Electronic Form. The "Records" covered by this E-Sign Consent include, but are not limited to, all documents, communications, contracts, statements, notices, authorizations, and disclosures (including federal or state tax documents, statements, forms, and schedules) arising from or relating to your use or attempted use of any Service now and in the future. The Company reserves the right to decide which Records to provide electronically and when to request your electronic signature for those Records. As part of your use of the Hungryroot Platform, you are entitled by law to receive certain information "in writing". All Records in either electronic or paper format from the Company to you will be considered "in writing". You acknowledge and agree that your consent to this E-Sign Consent is being provided in connection with a transaction affecting interstate commerce that is subject to federal Electronic Signatures in Global and National Commerce Act (the "Act"), and that you and the Company both intend that the Act apply to the fullest extent possible to validate the Company's ability to conduct business with you by electronic means.

    3. Scope of Your Consent. By agreeing to this E-Sign Consent, you agree that you reviewed this E-Sign Consent and verified that you can print or save a copy of it with your records. You further give your express consent to receive, view, and electronically sign the Records the Company displays on any website, through any web browser, or in any software application (including any application for mobile or handled devices). You agree that the electronic Records the Company sends to your designated email address may include Records displayed in the email message, attached to it or displayed when you selected links included in the message. When a Record is electronically displayed on your computer or your mobile or handheld device, you agree that your electronic signature for the Record may include clicking displayed buttons, selecting displayed boxes, typing your name in a designated field or otherwise selecting an electronic facsimile signature for the field, sending an email reply to a message transmitted to your designated email address, or taking other affirmative actions described when you view an electronic Record displayed on your computer or your mobile or handheld device. Your consent for the Company's use of electronic Records and signatures will be effective unless you withdraw it in the manner described in Section 28.d.

    4. How to Withdraw Consent. If you wish to withdraw your consent to receive Records electronically, you may do so by contacting the Company at [email protected]. However, once you have withdrawn your consent you may be ineligible to use or obtain certain other Services.

    5. Request for Paper Records. After you have consented to receive Records electronically, if you would like to receive a paper copy of a Record we previously made available to you, you may request a copy by contacting us at [email protected]. We will send your paper copy to you by U.S. mail. A paper copy of the requested Records will be provided at no charge. A request for a paper copy of any Record will not be considered a withdrawal of your consent to receive Records electronically.

    6. Changing Your Contact Information. It is your responsibility to provide the Company with a valid phone number, contact, email, and other information on file with the Company, and to maintain and update promptly any changes in this information. You understand and agree that if the Company sends you an electronic Record but you do not receive it because your valid phone number or email address or other contact information is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Records, the Company will be deemed to have provided the Record to you. Your use of a spam filter that blocks or re-routes emails from senders not listed in your email address book may impact your ability to receive Records from the Company. Therefore, you must add the Company to your email address book so that you will be able to receive the Records the Company sends to you. You can update your contact information by visiting your Account Settings.

    7. Hardware and Software Requirements. To access, view, and retain electronic Records, you must have: (1) a device with Internet access; (2) a current web browser; (3) an active email account; and (4) the ability to view, print, or save PDF documents. If you access the Hungryroot Platform via a mobile device, you must have software that allows you to print or save electronic Records.

    8. Termination and Changes. The Company reserves the right, at the Company's sole discretion, to discontinue the provision of your electronic Records, or to terminate or change the terms and conditions on which the Company provides electronic Records. The Company will provide you with notice of any such termination or change as required by law.

    9. Consent. By agreeing to this Section 28 you agree that (1) you have received, read, and agreed to all of the terms of this E-Sign Consent; and (2) you consent to your and the Company's use of electronic Records and signatures in connection with any Services that you request, use, or obtain.

29. MISCELLANEOUS

    1. Force Majeure. Hungryroot shall not be liable or responsible for any failure to perform, or delay in the performance of, any obligation under these Terms that is caused by events outside our reasonable control, including but not limited to: natural disasters, severe weather, epidemics or pandemics, fire, flood, earthquake, acts of war or terrorism, labor disputes, governmental actions or orders, supply chain disruptions, carrier or shipping delays, power or telecommunications failures, or any other event beyond Hungryroot's reasonable control (each, a "Force Majeure Event"). During a Force Majeure Event, our obligations under these Terms shall be suspended for the duration of the event, and we will use commercially reasonable efforts to resume performance as soon as practicable. A Force Majeure Event may result in delayed, partial, or cancelled deliveries, and Hungryroot shall have no liability for any such delay, partial delivery, or cancellation.

    2. No Partnership or Joint Venture. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hungryroot as a result of these Terms or use of the Hungryroot Platform.

    3. Compliance with Law. Hungryroot's performance of its obligations under these Terms is subject to applicable laws and legal process, and nothing contained in these Terms is in derogation of Hungryroot's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Hungryroot Platform or information provided to or gathered by Hungryroot with respect to such use.

    4. Severability. Except as set forth in 25.l, if any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, such provision will be severed and the remainder will be given full force and effect.

    5. Entire Agreement. Unless otherwise specified herein, these Terms constitute the entire agreement between you and Hungryroot with respect to the Hungryroot Platform and these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Hungryroot with respect to the Hungryroot Platform.

    6. No Waiver. The failure by either party to assert their rights under these Terms shall not be deemed a waiver of those rights. Any waiver of any provision by Hungryroot must be in writing and signed by Hungryroot to have effect.

    7. 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.

    8. Contact Information. We welcome your questions or comments regarding the Terms: Message us or text us at 1(855) 222-5704.