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TERMS OF USE

Wummly, Inc (also referred to as "Wummly", "we" or "us") provides website Wummly (the "Site") under the following terms of use. If you do not agree to any conditions of terms of use, promptly exit this Site.

The terms of use stated herein (the "Terms of Use ") constitute a legal agreement between Site's user, the food/other goods purchasers or other people using Site to get food/other goods or services (referred to as "you" or "user") and Wummly. In order to use the Service you must agree to the terms and conditions that are set out below in Terms of Use. By using or receiving any services supplied to you by the Wummly (the "Service"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of these Terms of Use, and any future amendments and additions to these Terms of Use as published from time to time at www.wummly.com or through the Service.

If you’re a visitor, downloader, commenter, purchaser, or similar user of our Site, you’re a user for the purposes of these Terms of Use. Unless explicitly excluded from a provision herein, users are required to comply with the entirety of these Terms of Use.The Wummly reserves the right to modify the terms and conditions of these Terms of Use or its policies relating to the Service at any time, effective upon posting of an updated version of these Terms of Use on the Service. You are responsible for regularly reviewing these Terms of Use. Continued use of the Service after any such changes shall constitute your consent to all such changes. If you do not agree to any such changes you may not use or access the Site.

General

The Site is owned and operated by Wummly, Inc. Our merchant network available on the Site is solely a facilitator of communications between the merchant members (such as, local chefs, cottage food operations, food truck persons, farmers and/or other sellers and delivery services) and users. All merchant members are required to comply with all laws and safety regulations necessary to offer food/other goods in the location(s) where they offer it. Unless explicitly excluded from a provision herein, merchant members are required to comply with the entirety of these Terms of Use.

The use of the Site and consumption and/or production and sale of any food/other goods item is at the user’s risk and responsibility. It is the decision of each user as to whether or not to purchase food/other goods offered by a merchant member using the Site, and it is up to the merchant members to decide whether or not to accept an order from any user through the Site.

Unless expressly stated otherwise on the Site, the goods/food and services featured on the Site are offered, provided, sold and delivered by the merchant members (that is a transaction between a merchant member and user), not Wummly. We are in no way responsible for the quality of goods/food or services offered by the merchant members. All questions regarding merchant members' products/goods and/or services featured on the Site should be directed to the appropriate merchant members.

Like with any powerful tool, you should recognize that you use the Site at your own risk and that you should do so with care.

Prices; Availabilities

The information contained on the Site regarding prices, specifications and availability of the products and/or services listed on the Site has been provided by merchant members. Merchant members advised us that the prices charged by merchant members on the Site are generally the same as the prices charged in their brick-and-mortar stores at the time an order for products is delivered or available for pickup or at the time an order for services is fulfilled, as applicable. Although Wummly attempts to make certain that the prices, specifications and availability listed on the Site and those posted in the stores on the date they are viewed on the Site are the same, and that unavailable products and/or services (e.g., out-of-stock items or out-of-geographical range or discontinued services) are clearly marked or removed from the inventory on the Site. Prices, specifications and availability of products and/or services may differ and are subject to change, including if you select a delivery or pickup date that is different from the date on which you place your order. Also, prices charged by merchant members that use third party delivery services may sometimes be different than those charged in their physical stores.

You agree to pay all prices, fees, taxes incurred by using Wummly. We do not assume any liability for the actions or products of any third party taking part in the production or delivery of your order. The charges listed on the Site may be different than the final purchase charges.

Payment of your order must be made only by the credit card, and you are agreeing that you are authorized to use the credit card being used in the purchase. No food stamps, checks or other payment methods are accepted. You must include all information we request, and it must be valid and must enable us to obtain payment from you (e.g. valid credit card information). If payment is rejected, or a payment method becomes unusable, you must immediately provide Wummly with an alternative source of payment. All users are liable and fully responsible for the purchases and other activity made by their Wummly account, and agrees to remain responsible for any charges incurred even if their account is terminated.

To calculate the total price of an order you placed on the Site, merchant members use the information you entered at the time you placed such order on the Site, as applicable. If the information you entered is incorrect or additional information is submitted, merchant members may update your order, including the total price, accordingly. Further, certain products and/or services may no longer be available after merchant members review and/or update your order.

Moreover, though every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. While Wummly has undertaken to confirm the accuracy of the information contained on the Site, mistakes can be made, including due both to inaccurate reporting of accurate information and accurate reporting of inaccurate information. Of course, if you become aware that the Site contains inaccurate information, please let us know by contacting us.

Property rights; Compliance with law

The Site any and all content submitted by Wummly are our property and are protected by applicable copyright, patent, trademark and other intellectual property laws. Except as expressly authorized herein, you may not, directly or indirectly, reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit, in each case, whether in whole or in part, the Site and all content submitted by Wummly in any manner (including electronic, print or other media now known or hereafter developed) without we express written consent. Use of the Site and all content submitted by Wummly in violation of these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries), or any rights of any third party is prohibited. You agree not to use the Site or content submitted by Wummly for any unlawful purposes and to comply with any and all requests from us to protect our respective rights in the Site, any and all content submitted by Wummly. You agree that you will not, directly or indirectly, access, scrape, copy or otherwise use any portion of the Site, any and all content submitted by Wummly in each case, whether alone or with others, engage in any activity or provide any product or service that, in our good faith judgment, is competitive with any and all content submitted by Wummly ‘s products or services, or disparage or discredit Wummly ‘s products or services. Further, you may not, and agree not to, sell, license or otherwise provide access to and/or use of any of the Site, or any and all content submitted by Wummly to any third party for any purpose whatsoever, including to build or offer a product or service that, in our good faith judgment, is competitive with Wummly ‘s products or services. You may use the Site, any and all content submitted by Wummly only for your personal use. You may download our content to your computer and print out a hard copy for your reference and internal use and display, but you will not remove any copyright, trademark or other notices or disclaimers contained in the content. We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the Site or to the content submitted by Wummly , including for any commercial purpose, except for those devices expressly authorized by us. We reserve the right to take any and all measures necessary to prevent such access, including denial or termination of your access to the Site. If you have any questions about any materials posted on the Site, we urge you contact your and all content submitted by Wummly representative.

Wummly content, Products and Services; User submitted content

We neither endorse nor are responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement, made on the Site by anyone other than authorized Wummly employee spokespersons while acting in their official capacities. We do not review and assume no responsibility for any information or content received from, or created by you or any third party. We reserve the right (but have and shall have no obligation) to monitor, modify, delete, limit or block access to, in each case, in whole or in part, any information or content submitted by you or any third party to or by otherwise using the Site.

By submitting any information or content to or by otherwise accessing and/or using the Site, you unconditionally grant us an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, world-wide, fully paid, transferable, assignable and sublicensable right and license to use, copy, store, reproduce, modify, adapt, publish, translate, create collective and/or derivative works from, distribute, perform and display any such information or content, in whole or in part, and to incorporate any such information or content in any works in any form, media, software or technology now known or later developed, in each case, for any purposes whatsoever, including for advertising, marketing, publicity and promotional purposes, subject only to our privacy policies. You hereby waive all moral rights in any such information or content. Furthermore, we do not review and assume no responsibility for any products or services mentioned on the Site, whether provided by Wummly, affiliated companies or unaffiliated third parties. You agree to make your own independent evaluation of the products and services mentioned on the Site, including their quality.

No obligation to keep information current

Wummly not under any obligation to update the content to reflect circumstances that may occur after its initial publication date. Due to legal restrictions or other reasons, we may not update any content including taking into account material changes or new information.

Disclaimers; Content to be consulted in its entirety

You agree to comply with any and all rules, restrictions and disclaimers that are posted on the Site. All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices. Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

User codes

In connection with your use of or access to the Site, Wummly from time to time may provide you with user names, passwords and/or other unique identifiers (also referred to as "User Codes"). You are responsible for the security and confidentiality of the User Codes and agree not to disclose them to any third party, including, if you are accessing the Site, on behalf of any company or organization, any other employee in your company or organization. You are responsible for any and all information provided and any and all orders, acts and/or omissions that occur while User Codes and/or a mobile phone that has a phone number provided by you and recognized by our systems to be associated with the User Codes are/is being used, in each case, whether by you or a third party. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the User Codes, if you believe the confidentiality or security of any or all of the User Codes has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Site. You are limited to one User Code. Duplicate User Codes may be revoked. We reserve the right to revoke or modify the User Codes at any time with or without prior notice.

Consent to recording and monitoring

You consent to our recording, retention and use of all content, information and data, including images, that you input or otherwise communicate during your access to and/or use of the Site or through any e-mail to or from us and any other electronic communication means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable in the United States and, of course, our privacy policies. In addition, we may disclose such information to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or the defense of claims. Wummly expressly reserve the right (but have and shall have no obligation) to monitor any and all access to and/or use of the Site.

Use of e-mail and other electronic messages

You acknowledge that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Site, a proprietary network, a computer, a pager or other wireless device or otherwise (also referred to as "Electronic Messages") may not be secure and communications using Electronic Messages may not be confidential.

In addition, we assume no responsibility to update any information communicated to you using Electronic Messages. Furthermore, even if our representative has communicated with you using Electronic Messages, the representative may not (and we assume no obligation to) timely see, process, act on or respond to any message from you sent using Electronic Messages.

Disclaimer of warranties

The Site, and the content submitted by Wummly are provided to you on an "as is," "as available" basis. To the maximum extent permitted by law, Wummly parties hereby disclaim any and all warranties, guaranties, conditions, covenants and representations of any kind, either express or implied, including any related to merchantability, quality, accuracy, completeness, fitness for a particular purpose, non-infringement, timeliness and error-free uninterrupted services as to the operation of the Site make no warranty that (i) the operation of the Site will meet your requirements, (ii) access to the Site will be uninterrupted or error-free, or (iii) defects, if any, will be correctable or corrected, or other attributes, whether express or implied (in law or in fact), oral or written, or from a course of dealing or usage of Site parties have no responsibility to inform you of any difficulties we or other third parties experience concerning use of the Site, or to take any action in connection with those difficulties.

You (not Wummly) assume the entire cost of all servicing, repair or correction that may be necessary for your computer, mobile phone, tablet and/or other equipment and software as a result of any viruses, errors or other problems you may have as a result of visiting or using the Site. To the extent that the law does not permit the disclaimer of warranties, all content accessible on the Site, or any other site, location or source to which we link, and all operations on the Site, are warranted only to the minimum amount legally required.

Limitation of liability

By using the Site, you specifically agree that you will not hold Wummly parties liable to you or any party for any damages or injury or loss, including any and all direct, indirect, special, incidental, exemplary, punitive or consequential damages, or lost profits, including the ones that may result from the use of, or the inability to use, the Site or the content (or any other linked Site, location or source), whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of content available on the Site (or any other linked Site, location or source). None of the Wummly parties will be liable for any direct, indirect, special, incidental, exemplary, punitive or consequential damages, or lost profits, even if advised of the possibility of such damages. Such damages include damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure, computer virus or other harmful component.

Your representations and warranties

By using the Site or Services, you expressly represent and warrant that you are legally entitled to enter this Terms of Use. If you reside in a jurisdiction which restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Site and Service. Without limiting the foregoing, the Site and Service is not available to children (persons under the age of 18). By using the Site, you represent and warrant that you are at least 18 years old. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Terms of Use and to abide by all of the terms and conditions of this Terms of Use. Your participation in using the Site or Service is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Site you agree to comply with all applicable laws of the location in which you are physically present while using the Site. You may only access the Site using authorized means. Wummly is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the software for your handset. Wummly reserves the right to terminate this Terms of Use should you be using the Site with an incompatible or unauthorized device.

Location; Governing law

The Site is published in the United States. You agree that any access to or use of the Site, or solely between you and us, will be deemed to be entirely at our facility and subject to applicable Delaware State and United States Federal law, rules and regulations, to the same extent as. These Terms of Use and all the terms herein will be governed by and construed in accordance with the laws of the State of Delaware without giving effect to principles of conflicts of law. Any such controversy will be submitted exclusively to Federal or state courts in the State of Delaware. You consent to personal jurisdiction in any applicable court for purposes of any such litigation. Any right to trial by jury with respect to any claim or action is hereby waived by all parties to these Terms of Use.

Modification; Termination

We may at any time and for any reason with or without prior notice to you, and without liability, in each case, modify, suspend, terminate or discontinue, in whole or in part, any portion of the Site (including the content or hours of availability) and/or your access to or use of the Site, and/or the content. If you fail to comply with any provision of these Terms of Use, or if, in its sole discretion, Wummly modifies, suspends, terminates or discontinues your access to or use of the Site, and/or the content, any and all rights granted to you herein will immediately automatically terminate. These Terms of Use (as may be revised from time to time as described herein) are irrevocable and, unless otherwise expressly stated in these Terms of Use, will survive the termination of your access to, and use of, the Site, and/or the content, and your relationship with us.

Miscellaneous

None of the Wummly are or will be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of Wummly, including natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a "Force Majeure Event"). All of the obligations of Wummly with respect to the effected elements under these Terms of Use will be suspended for the duration of such Force Majeure Event.

No joint venture, partnership, employment, or agency relationship exists between you, Wummly or any third party provider as a result of this Terms of Use or use of the Service or Site. If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Wummly to enforce any right or provision in this Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Wummly in writing. This Terms of Use comprises the entire agreement between you and the Wummly and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

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