Terms and Conditions Agreement between User and Healthyboost.life Welcome to Healthyboost.life. The Healthyboost.life website (the "Site") is comprised of various web pages operated by Healthy Boost. Healthyboost.life is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Healthyboost.life constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. Healthyboost.life is an E-Commerce Site. Supermarket/Grocery Delivery Service. We deliver groceries for you with our live shoppers! Shop in real-time while staying safe and sound at home, and we’ll deliver your groceries! Privacy Your use of Healthyboost.life is subject to Healthy Boost's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Electronic Communications Visiting Healthyboost.life or sending emails to Healthy Boost constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Payment Options 1) Debit/Credit Card. If you choose to pay via debit/credit card, you’ll have to pay the grocery balance + our service charge before checkout. Our live shoppers won’t be able to checkout without receiving payment. The total amount will appear in the account and you can proceed to pay via debit/credit card. 2) SNAP Benefits Card. If you choose to pay via the SNAP Benefits card, you’ll be paying when the groceries are delivered to you. All you’ll have to do is swipe your benefit card when we deliver the groceries to your door. However, you’ll have to pay our service charges via debit/credit card or cash. We CANNOT receive our service payment through the SNAP Benefits card! Purchase of Alcoholic Beverages Governing Laws in the State of New York prevent you from legally ordering any alcoholic beverages unless you are at least twenty-one (21) years of age. Furthermore, you may not purchase alcoholic beverages for anyone who is under the age of twenty-one (21). The person receiving delivery must present identification and proof of age at the time of delivery, and is required to sign an acknowledgment to release the order to receive alcoholic beverages. Healthy Boost reserves the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders in its sole discretion. Please note that the sale and delivery of beer, wine, and spirits is currently only available in New York State and is not available in certain service areas due to legal restrictions. Alcoholic beverages may be removed from your cart during the checkout process if your service area is not eligible for delivery of alcoholic beverages. Healthy Boost reserves the right not to deliver alcoholic beverages to certain buildings. Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Healthy Boost is not responsible for third party access to your account that results from theft or misappropriation of your account. Healthy Boost and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Children Under Thirteen Healthy Boost does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Healthyboost.life only with permission of a parent or guardian. Cancellation/Refund Policy No refunds for service charge Fees The Healthy Boost service charge is $10 for every $50 spent , with a minimum $50 orders. Delivery of groceries is free. Delivery is free. Grocery costs must be paid before our live shoppers check out (for non-SNAP benefits members). Links to Third Party Sites/Third Party Services Healthyboost.life may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Healthy Boost and Healthy Boost 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. Healthy Boost is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Healthy Boost of the site or any association with its operators. Certain services made available via Healthyboost.life are delivered by third party sites and organizations. By using any product, service or functionality originating from the Healthyboost.life domain, you hereby acknowledge and consent that Healthy Boost may share such information and data with any third party with whom Healthy Boost has a contractual relationship to provide the requested product, service or functionality on behalf of Healthyboost.life users and customers. No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use Healthyboost.life strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Healthy Boost that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Healthy Boost 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, found on the Site. Healthy Boost content is not for resale. 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 Healthy Boost and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Healthy Boost or our licensors except as expressly authorized by these Terms. Use of Communication Services The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Healthy Boost has no obligation to monitor the Communication Services. However, Healthy Boost reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Healthy Boost reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Healthy Boost reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Healthy Boost's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Healthy Boost does not control or endorse the content, messages or information found in any Communication Service and, therefore, Healthy Boost specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Healthy Boost spokespersons, and their views do not necessarily reflect those of Healthy Boost. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. Materials Provided to Healthyboost.life or Posted on Any Healthy Boost Web Page Healthy Boost does not claim ownership of the materials you provide to Healthyboost.life (including feedback and suggestions) or post, upload, input or submit to any Healthy Boost Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Healthy Boost, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Healthy Boost is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Healthy Boost's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Third Party Accounts You will be able to connect your Healthy Boost account to third party accounts. By connecting your Healthy Boost account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. International Users The Service is controlled, operated and administered by Healthy Boost from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Healthy Boost Content accessed through Healthyboost.life in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Indemnification You agree to indemnify, defend and hold harmless Healthy Boost, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Healthy Boost 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 Healthy Boost in asserting any available defenses. Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Healthy Boost agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HEALTHY BOOST AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. HEALTHY BOOST AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE 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. HEALTHY BOOST 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 NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEALTHY BOOST AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEALTHY BOOST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. Termination/Access Restriction Healthy Boost reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Healthy Boost as a result of this agreement or use of the Site. Healthy Boost's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Healthy Boost's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Healthy Boost with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Healthy Boost with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Healthy Boost with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. Changes to Terms Healthy Boost reserves the right, in its sole discretion, to change the Terms under which Healthyboost.life is offered. The most current version of the Terms will supersede all previous versions. Healthy Boost encourages you to periodically review the Terms to stay informed of our updates. Contact Us Healthy Boost welcomes your questions or comments regarding the Terms: Healthy Boost 276 5th avenue #704 New York, New York 10001 Email Address: info@Healthyboost.life Effective as of May 29, 2020