Terms of Use

1. DELIVERY BASICS LLC Service

1.1 The site and the mobile application provide information about DELIVERY BASICS LLC services and allows users to learn about the products and services, purchase products and services, and subscribe to various methods of communication. Our Sites may contain images, logos, photographs, text, audio, video, or other content (collectively “Content”). Should new Content be added to our Sites, the features and use is subject to these Terms of Use.

1.2 DELIVERY BASICS LLC is a platform that enables third party merchants (“Merchants”) to offer for sale products, information, and services to consumers (“Products”), and for consumers to order and receive Products via pickup, delivery by Merchants, or delivery by third party providers (“Delivery Providers”).

1.3 DELIVERY BASICS LLC is not a Merchant or a Delivery Provider. DELIVERY BASICS LLC is not responsible for fulfillment and delivery of Products, Merchants and Delivery Providers are solely responsible for the Products and fulfillment and delivery of Products. All matters regarding Products, including but not limited to any warranties or guarantees, are solely between you and the Merchant from whom you ordered the products or Services and the Delivery Provider that delivered such Products.

1.4 You may have the option to order delivery of alcohol from certain Merchants. If you order any alcohol for delivery in the United States, you represent that you are 21 years of age. If you order and received your delivery of alcohol in another country, you represent that you are of legal age to purchase alcohol or products containing alcohol in the relevant jurisdiction. Furthermore, you represent that the recipient of the delivery containing alcohol products will provide a valid government-issued identification proving the age and that the recipient of alcohol products will not be intoxicated upon receipt of alcohol or alcohol related products. You understand that the Delivery Provider may be required to scan or photograph the ID in order to confirm the validity of the ID and confirm the recipient’s eligibility to lawfully receive alcohol.

1.5. You agree to notify DELIVERY BASICS LLC of any issues with Products or delivery services within 48 hours of receipt of the delivery. You must provide documentation including but not limited to photographs.

2. Your Responsibilities and Registration Obligations In order to use this Site or certain parts of it, you may be required to register for a user account on this website and provide personal information such as your name, address, payment information, e-mail address, and other information; in this case, you agree to provide truthful and accurate information when requested, and -- if a minimum age is required for eligibility for a user account -- you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this Site's Terms of Use, including any amendments made by DELIVERY BASICS LLC that are published herein. You may also register to opt-in to receive communication from our site, subscribe to email lists, or enter a promotion or sweepstake. Should you register for an account on our site, you agree to maintain one account. Should any of your actions violate these Terms of Use, we reserve our right to terminate or suspend your account. You agree to maintain the confidentiality of your account and agree not to share any of your account details. When you register for an account, you will be asked to provide a password. You agree to be fully responsible for all activities occurring in your account and agree to notify us immediately if you suspect any unauthorize use of your account. DELIVERY BASICS LLC cannot be held liable for any loss or damage arising out of your failure to protect your account information.

3. Payment The payment terms displayed on our Service are part of these Terms of Use and govern all Services offered. DELIVERY BASICS LLC reserves the right to determine the price of the Service. DELIVERY BASICS LLC makes an effort to provide current information regarding all products and services, however availability of products and services are subject to change. DELIVERY BASICS LLC does not make any representations as to the availabilities of products or services. By using our site and placing an order, you agree that all purchases were made in good faith and not based on fraud. In the case of a technical error leading to the uploading and publication of incorrect information regarding the availability of any product, DELIVERY BASICS LLC reserves the right to cancel your order and refund or replace your order. In the event of the cancellation of an order and the refunding of money, you agree to waive all claims against DELIVERY BASICS LLC. DELIVERY BASICS LLC, at its sole discretion may make promotional offers with different features and different prices to any of DELIVERY BASICS LLC’s customers. You will only receive promotional offers made to you an unless these offers are made to you, will not apply to your offer or these Terms. Your purchase of products on our site may be subject to additional Terms and Conditions, including but not limited to return and exchange policies. Such information will be provided to you at the time that you make a purchase. You authorize DELIVERY BASICS LLC to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by DELIVERY BASICS LLC, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, DELIVERY BASICS LLC may seek pre-authorization of your credit card account prior to your purchase to verify that the card is valid and has the necessary funds or credit available to cover your purchase. The Service may include automatically recurring payments for periodic charges for a subscription to a specific service in connection with the Service (a “Subscription”). If you request a Subscription, you authorize DELIVERY BASICS LLC to periodically charge, the payment method you have on file until cancellation of the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The Subscription Billing Date is the date when you first purchase access to a Subscription. Your account will be charged automatically on the Subscription Billing Date along with all applicable fees and taxes for the next Subscription period. The Subscription will continue unless and until you cancel your Subscription or we terminate it. You must cancel your Subscription before it renews in order to avoid your payment method being charged. You may cancel a Subscription by contacting us at usersupport@deliverybasics.com. You agree that DELIVERY BASICS LLC or its affiliates will charge the card you have on file with DELIVERY BASICS LLC to cover the full costs of the Products or Services ordered from an affiliate and any additional fees charged by DELIVERY BASICS LLC in connection with the order, any goods, or services provided by DELIVERY BASICS LLC. Your card will be charged for the cost of the Products, purchased by you and any applicable fees, taxes and/or tips arising in connection with each order for any Products or Services you agree to purchase. Your card may be temporarily authorized for an amount greater than the total amount of the order appearing during check-out. This higher amount will be disclosed during the purchase price and the final amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to account for situations where your total purchase is larger than the specified amount due to specific requests, added items, replacement items and weight adjustments. Most of the features require payments for Services. Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. All fees are in United States currency and are non-refundable. DELIVERY BASICS LLC reserves the right to offer credits or refund in its sole discretion. DELIVERY BASICS LLC reserves the right to suspend or terminate access to the Service for any account for which any amount is due but unpaid. A delinquent account will be charged with fees including but not limited to interest, collection fees, or fees associated with late payments.

4. Privacy Policy Registration data and other personally identifiable information the Site may collect is subject to the terms of DELIVERY BASICS LLC’S Privacy Policy.

5. Who Can Use DELIVERY BASICS LLC

5.1 Users must be 18 years of age or older. Users must not be prohibited from receiving any aspect of the DELIVERY BASICS LLC Service under applicable laws. If consent to data collection and processing is required under applicable law, users must be over the age at which they can provide valid consent to such.

5.2 By agreeing to these Terms, you represent and warrant that you are: (1) at least 18-years old; (2) you have not been previously suspended or removed from the Service and (3) your registration and use of the Service is in compliance with any and all acceptable rules and regulations. If you are an entity, corporation, company, or other, the individual accepting these Terms represents and warrants that they have authority to bind you to these Terms and you agree to be bound to these Terms.

6. User Content You agree that all Content made available publicly or privately, will be under the sole responsibility of the person providing said content, or of the person whose user account is used. DELIVERY BASICS LLC will not be responsible to you in any way for content displayed on this Site, nor for any error or omission. By using this Site or any service provided, you explicitly agree that:

a. you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

b. you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

c. you will not collect or harvest any information about other users;

d. you will not provide, and you will not use this Site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this Site to promote or operate any service or content without DELIVERY BASICS LLC’s prior written consent;

e. you will not provide any content that may give rise to DELIVERY BASICS LLC being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets;

f. you are of legal age to enter a binding contract and that you are not a person barred from visiting sites or accessing the Content under the laws of the United States or other country.

7. Submission of content on this site By providing any content to this Site:

a. you agree to grant DELIVERY BASICS LLC a worldwide, royalty-free, perpetual, non- exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;

b. you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant DELIVERY BASICS LLC the license specified in this section;

c. you acknowledge and agree that DELIVERY BASICS LLC will have the right (but not obligation), at DELIVERY BASICS LLC’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice. DELIVERY BASICS LLC is under no obligation to control or edit User Content published and will not be in any way liable for User Content. DELIVERY BASICS LLC, at its sole discretion may screen, remove, edit or block any User Content without prior notice. You acknowledge and understand that by using the Service, you will be expose to Content from different sources and understand that content may be offensive, inaccurate or objectionable. You agree to waive and do waive any legal or equitable right or remedy you have or may have against DELIVERY BASICS LLC with respect to User Content. DELIVERY BASICS LLC does not control and does not have any obligations to monitor any Content or the use of Services by its users. You understand, acknowledge, and agree that DELIVERY BASICS LLC reserves the right to and may monitor all information transmitted or received through the Service for all purposes. DELIVERY BASICS LLC does not assume any responsibility or liability for content or loss or damage incurred as a result of the use of the content. Information may be examined, recorded, or copied and used in accordance with our Privacy Policy.

8. Third-party services

8.1 Goods and services of third parties may be advertised and/or may be made available on or through this website. You may be able to export information, including Content to third-party services, including through features that allow you to link your account on DELIVERY BASICS LLC with an account on the third-party service. By using any of these tools, you agree that DELIVERY BASICS LLC may transfer information to the applicable third-party service. Third-party services are not under DELIVERY BASICS LLC’s control and to the fullest extent permitted by law, DELIVERY BASICS LLC is not responsible for any third-party service. The Service may also contain links on third-party websites, such linked websites are not under DELIVERY BASICS LLC’s control and DELIVERY BASICS LLC is not responsible for the content.

8.2 Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. DELIVERY BASICS LLC will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

9. Communication

9.1 By using the Services, you consent to receiving certain electronic communications and that DELIVERY BASICS LLC and the affiliates may contact you through text (SMS) messages at the phone number you provide. The messages may include marketing messages or operational messages concerning the Services. Text messages may be sent using automatic telephone dialing systems and standard data and messaging rates may apply as specified by your carrier. If you wish to opt out of all messages from DELIVERY BASICS LLC, you can email usersupport@deliverybasics.com. You may continue to receive text messages for a short period of time while we process your request.

9.2 When you use our app or your mobile device, you agree to receive push notifications which are messages the app sends you while the app is not active. You can turn off notifications from the “Settings” page on your mobile device. 9.3 DELIVERY BASICS LLC may send emails concerning our products and services and the services of third parties. You may opt out of promotional emails by following the unsubscribe directions found in the promotional email.

10. Copyright Policy Policy DELIVERY BASICS LLC has adopted the following policy regarding copyright infringement in accordance with the Digital Millennium Copyright Act. It is DELIVERY BASICS LLC’s policy to (a) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and (b) remove and discontinue service to repeat offenders. Procedure for Reporting Copyright Infringement If you believe that content appearing on or accessible through the Site or App infringes upon your copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (2) Identification of works or materials being infringed; (3) Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that DELIVERY BASICS LLC is capable of finding and verifying its existence; (4) Contact information of the person submitting the notification including address, telephone number and, if available, e-mail address; (5) A statement that the person submitting the notification has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and (6) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Once a proper bona fide infringement notification is received by DELIVERY BASICS LLC, DELIVERY BASICS LLC shall notify the content provider or user that an infringement notification has been received and that the content will be removed within 24 hours unless a counter-notice is submitted. Procedure to Supply a Counter-Notice to DELIVERY BASICS LLC If the content provider, or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider or user believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider or user must send a counter- notice containing the following information to DELIVERY BASICS LLC: (1) A physical or electronic signature of the content provider or user; (2) Identification of the content that is claimed to be infringing; (3) A statement that the content provider or user has a good faith belief that the infringement notification was received as a result of mistake or a misidentification of the content; and (4) Content provider’s or user’s name, address, telephone number, and, if available, e- mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s or user’s address is located, or if the content provider’s or user’s address is located outside the United States, for any judicial district in which DELIVERY BASICS LLC is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by DELIVERY BASICS LLC, DELIVERY BASICS LLC will restore access to the content and notify the original notifying party. The content will then remain published unless the copyright owner files an action seeking a - refuse service to anyone for any reason at any time; - deactivate user accounts of users whose conduct or content is, in DELIVERY BASICS LLC’s sole discretion, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service (or alternatively, remove any such User Content); - ban any user from using the Service for any reason, including, but not limited to, a member who is the subject of repeated DMCA notifications; - remove any User Content that, in DELIVERY BASICS LLC’s opinion, violates these Terms or is in any way harmful or objectionable;

12. Indemnification You agree to indemnify and hold harmless DELIVERY BASICS LLC and DELIVERY BASICS LLC’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or in connection with this Site or service, your provision of content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.

13. DISCLAIMER OF WARRANTIES YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND DELIVERY BASICS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DELIVERY BASICS LLC MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER DELIVERY BASICS LLC NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT DELIVERY BASICS LLC WILL NOT BE HELD LIABLE IN ANY WAY. DELIVERY BASICS LLC makes no representations or warranties of any kind, expressed or implied, regarding the Products, and the fact that the Service enables communications with Merchants, services from Delivery Products, or the purchase of Products should not be construed as an endorsement of the Delivery Provider, Merchant or Merchant Products. DELIVERY BASICS LLC does not assume and expressly disclaims any responsibility for any Products, content, service, websites, advertisements, offers or any products made possibly by a third party or made available through the service. Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards to implied warranties; the other terms and conditions remain enforceable notwithstanding.

14. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT DELIVERY BASICS LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DELIVERY BASICS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THIS SITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES PROVIDED HEREUNDER. DELIVERY BASICS LLC does not guarantee the quality, suitability, safety, or ability of merchants or delivery providers and you agree to be responsible for all risks in connection with the services. DELIVERY BASICS LLC is not responsible for the fitness or conduct of any merchant or delivery provider or for any services provided by merchants or delivery providers or for any services provided. You agree that DELIVERY BASICS LLC is not liable for any claim, injury, or damage arising out of or in connection with any acts or omissions of any merchant or delivery provider. You agree to release DELIVERY BASICS LLC from all claims, demands and damages known and unknown, of every kind and nature, suspected and unsuspected, disclosed and undisclosed, arising out of or any way connected to any such disputes involving Merchants or Delivery providers. In some jurisdictions, DELIVERY BASICS LLC is not permitted to limit liability and, therefore, such limitations may not apply to you. If allowed by law and notwithstanding the foregoing, DELIVERY BASICS LLC’s maximum liability shall be limited to $100.00.

15. Reservation of rights DELIVERY BASICS LLC reserves all of DELIVERY BASICS LLC’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that DELIVERY BASICS LLC may have in respect of this Site, its content, and goods and services that may be provided. The use of DELIVERY BASICS LLC’s rights and property requires DELIVERY BASICS LLC’s prior written consent. By making services available to you, DELIVERY BASICS LLC is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this Site or services or any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that DELIVERY BASICS LLC may have with respect to this Site without DELIVERY BASICS LLC’s prior written consent.

16. Intellectual Property Rights You acknowledge and agree that the Service may contain features that are protected by trademark, copyright, patent, trade secret or other proprietary rights and laws. Except as authorized by DELIVERY BASICS LLC, you agree not to copy, reproduce, transmit, rent, lease, scrape, sell, distribute and create any derivative works based on the Service in whole and in part.

17. Cancellation and Termination The Terms are affective upon accepting these Terms or when you download, install, access or use the Service. a. You may cancel your Service at anytime by emailing us at [usersupport@deliverybasics.com]. Once cancellation is confirmed, all of your account details and any individually purchased content will remain in your Account. b. To completely delete your Account, email [usersupport@deliverybasics.com]. Since deletion of all data is final, please be sure that you do in fact want to cancel your Account before doing so. c. Without limiting any other remedies, DELIVERY BASICS LLC may suspend or terminate your Account if it suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Service, as well as for any other reason referenced in the Terms of Use. d. If you violate any provisions of these Terms, your authorization to access the Service and these Terms automatically terminate. DELIVERY BASICS LLC may, at its sole discretion, terminate these Terms or your account on the Service. e. Upon termination of these Terms, your license rights will terminate and you must immediately cease all use of the Service, you will no longer be authorized to access your account or Service; you must pay DELIVERY BASICS LLC any unpaid amount that was due prior to termination and; all payment obligations accrued prior to termination will survive.

18. Modifications to the Services and Prices Prices for DELIVERY BASICS LLC services are subject to change. Please make sure to check the Site and App for the most updated pricing information. DELIVERY BASICS LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. DELIVERY BASICS LLC reserves the right to modify or discontinue any and all portions of the Site without or with providing notice to you. DELIVERY BASICS LLC cannot be held liable for exercising this right. You acknowledge and accept that DELIVERY BASICS LLC does not guarantee continuous and uninterrupted service and by using the site, you understand that DELIVERY BASICS LLC does not maintain that your access to the site will not be uninterrupted or error free. You consent that your access to the site may be interfered with by a number of factors outside the control of DELIVERY BASICS LLC.

19. Miscellaneous a. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and DELIVERY BASICS LLC concerning the Service and use of the Site and App. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. DELIVERY BASICS LLC’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.DELIVERY BASICS LLC may assign its rights and duties under these Terms of Service to any party at any time without notice to you.

b. Most communication between DELIVERY BASICS LLC and you will be sent and received electronically. You agree that all electronic communication between DELIVERY BASICS LLC and you shall satisfy any legal requirements that such communications be in writing.

c. You agree that DELIVERY BASICS LLC may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a DELIVERY BASICS LLC Account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing or obtaining any goods or services, and that you will be provided with the opportunity to allow or disallow this contact option through your Account.

d. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. DELIVERY BASICS LLC does not guarantee that the Service, or any portion thereof, will function on any particular hardware or device. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

e. You agree not to assign these Terms of Service or its rights without the prior written consent of DELIVERY BASICS LLC. Any rights of DELIVERY BASICS LLC not expressly granted herein are reserved.

f. DELIVERY BASICS LLC is under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to the published policy.

g. The Service is intended for visitors located within the United States. DELIVERY BASICS LLC makes no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries of territories by individuals where such access is illegal is prohibited.

20. Dispute Resolution These Terms of Use, their interpretation and enforcement will be governed by the U.S. Federal Arbitration Act, and each of you and DELIVERY BASICS LLC are waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding agreement. This arbitration provision shall survive termination of this Agreement and the termination of your DELIVERY BASICS LLC account. Arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Arbitration will be conducted in New York County. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service.

21. Governing Law These Terms of Use shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is New York County, New York, or the United States District Court for the Southern District of New York and our dispute will be determined under New York law. 22. Updating These Terms We may revise these Terms of Use from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we will notify you through our Service. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you should delete your account.