By subscribing to the Member Meal Kit service, you have acknowledged and agree to these terms and conditions.

Membership in the program requires that you be a current or former American citizen, U.S. citizen, lawful permanent resident or student who is 18 years or older, except that you may be 18 or older and a current or former employee of the Company as defined in Regulation S under the Securities Act of 1933, as amended, if the Employee is not currently an employee of the Company.

Members who are found to be in violation of the Program’s terms and conditions, or breach the loyalty obligations set forth herein, may lose their membership privileges. You may have previously agreed to the Program’s terms and conditions. The Company will keep your registration information in its sole discretion for the sole purpose of providing and maintaining the Program, and will not share your registration information with any other company or entity.

Your registration information will remain in our sole discretion for the sole purpose of maintaining the Program and maintaining the confidentiality of your information. The Company will not assign your registration information to any other company or entity, and will have no obligation to retain your registration information. The Company may, in its sole discretion, attempt to, but will not, disclose your registration information. Any such attempt will be in compliance with applicable legal requirements, including those contained in the Privacy Policy.

1.    Information About Us
The Company has the right, at its sole discretion, to disclose information regarding the Program and to share information about you with our affiliates. The information about us that you share with us when you provide your e-mail address is personal information that you provided to the Company. The Company may share your e-mail address with affiliates and will have no obligation to keep your e-mail address confidential.

2.    SERVICE AVAILABILITY AND YOUR ELIGIBILITY
The Company may not allow you to access the Program for any reason. Access to the Program may be delayed for all sorts of reasons, including technical or network problems, power outages, snow storms, power grid outages, temporary or partial lack of Internet connectivity, natural disasters and other similar problems.

The Company may suspend or terminate the Program for any reason. Regardless of whether the Program is suspended or terminated, any e-mails you send to the Company will not be returned, regardless of whether you are a participant in the Program or a prospective participant.

You may have been charged for any fees associated with the Program. For any fees you may have incurred, and for any amounts due you may be due, you have sole and exclusive remedy. Your right to access or modify your Program has no monetary value. No right to deletion exists with respect to any Program information provided to the Company in connection with your membership.

In the event that the Company withdraws the Program from the marketplace or changes the scope of the Program, or breaches the Program by any failure to provide service or certain other standard or specification provided to you by the Company, you may not have any right to dispute such withdrawal or change in scope or provision of the Program.

3.    MODIFICATION
Except as expressly authorized by the Company, you may modify, add to, edit or delete the Program or any portion of the Program at any time by removing all or some of the information provided, or the terms, conditions, rules, policies, guidelines and preferences set forth therein and by entering the text of the modifications into the Program, and by continuing in accordance with any copyright notice or other notice provided by the Company. All modifications must be in writing. All modifications must be in compliance with the terms and conditions set forth herein. Any modification shall be effective immediately upon posting to your program.

4.    REGISTRATION
Except as expressly authorized by the Company, you may not create, register or use a program registration number or password when making, registering or using the Program or for other purposes without express permission from the Company. It is a violation of these Terms of Service for any unauthorized party to use the Company’s registration system or password to access or use the Program.

5.    SoFresh Express Services
SoFresh LLC and its Affiliates shall use only Amazon web services for all processing activities, including but not limited to using the Amazon web services SDK and other Amazon services, as described in these Terms of Service. Amazon web services is provided by Amazon Technologies, Inc., a wholly-owned subsidiary of Amazon.com, Inc. and its affiliates, and this Amazon service is subject to this privacy statement.

6.    Access and Usage Rules
To be considered a legitimate user, you must enter the information in the correct format and agree to these rules. You may not be able to use the program or any part of the program if you do not abide by these rules. You are a legitimate user if you are a resident of the United States and have a valid government-issued photo identification or are otherwise authorized to use the United States Postal Service.

7.    PAYMENT AND PRICING
The Company does not guarantee any discounts or promotional offers will be available. Pricing varies by local market and by point of sale, but generally applies to home-delivered fresh produce, often with no additional cost to the consumer for shipping. If you plan to purchase a service in a store, you will have to pay the price of that store’s service and any additional charges applicable to that store.You agree to pay no more than the price for the service at the time of purchase or upon each subsequent use of the service, whichever is greater.

The Company may impose additional charges or cancellations of services or a period of time during which the service cannot be used after your initial purchase, at its sole discretion. The Company may charge you a shipping fee for any deliveries where payment is required, regardless of any free shipping or other discount offered by the Company. The Company may also change the price of the service at any time.

Communication with you regarding the Program
The Company may mail, fax or electronically send you periodic communications concerning program features or other matters regarding the Program. If you wish to stop receiving communications from us regarding the Program, please notify us in writing. We will delete your information and all communications once you request this in writing. We may also send you periodic emails regarding program-related announcements. If you wish to stop receiving these emails, please notify us in writing. The Company will delete all information that you submit to the Program, and all emails or other correspondence that you send, as well as all correspondence that we receive from you regarding your e-mail address in connection with the Program.