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Terms of Service

Wonder Terms of Service

Last updated: October 2025

Welcome to Wonder and our Terms of Service
(“Terms”). These Terms are important and affect your legal rights, so please
read them carefully.

IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO
BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE
ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.

Wonder Group, Inc., doing business as
“Wonder” (“Wonder,” “we,” “our”), operates the website located at [www.wonder.com](/content/site-root.html) (“Site”)
and the Wonder mobile applications (“App”) (each and together, and along with all
content displayed and services provided therein, the “Service”). These Terms
govern your access to and use of the Service. You accept and agree to these
Terms by doing any one of the following:

If you do not agree to these Terms, you may
not access or otherwise use the Service.

All references to “you” or “your,” as
applicable, mean the person that registers for, accesses, or uses the Service
in any manner, and each of your heirs, assigns, and successors. If you use or
access the Service on behalf of any other person or entity, you represent and
warrant that you have the authority to bind that entity or person, your
acceptance of the Terms will be deemed an acceptance by that entity or person,
and “you” and “your” herein shall refer to that entity or person.

The Service is only intended for use by
people residing in the particular service areas to which we deliver (our “Service
Area”). We don’t accept orders outside our Service Area, but we’ll expand and
change our Service Area over time.

Wonder reserves the right to modify these
Terms or our policies relating to the Service, effective upon posting of an
updated version of these Terms. You should regularly review these Terms, as
your continued use of the Service after any such changes constitutes your
agreement to such changes, provided that the foregoing does not apply to the
arbitration or class action waiver provision in Section 18 below. If you do not
agree to the updated Terms, you may not access or use the Service.

3.
Changes to the Service

We reserve the right to change and improve
the features and functionality of the Service at any time and in our sole
discretion. This includes adding, modifying or removing menu items, restaurants,
Service Areas or other specific features and functionality and/or updating how
our Service is provided. The Terms will apply to the updated version of the Service.
Additionally, we reserve the right to suspend or terminate the Service
altogether for any reason or no reason, without notice, at any time, and
without liability to you.

To
use the Service, you must be, and you represent that you are, at least 18 years
old and legally capable of entering into binding contracts.

5.     Creating
an Account; Electronic Communications

(a)
Use of the Sites and Account Registration. To
access and use the Service, we may require you to first register for an account
(“Account”). You agree to provide accurate, current, and complete information
during the registration process, and to update such information to keep it
accurate, current, and complete. If you create an Account, you agree that you
will be liable (and understand that we will hold you liable) for any activity
that occurs on your Account. We therefore urge you not to share your Account
credentials with anyone.

(b)
Electronic Communications.  By creating an Account, you consent to receive electronic
communications from Wonder (e.g., via email or by posting notices to the
Sites). These communications may include notices about your account (e.g.,
payment authorizations, password changes and other transactional information)
and are part of your relationship with us. You agree that any notices,
agreements, disclosures or other communications that we send to you
electronically will satisfy any legal communication requirements, including,
but not limited to, that such communications be in writing. You should maintain
copies of electronic communications from us by printing a paper copy or saving
an electronic copy. We may also send you promotional communications via email,
including, but not limited to, offers, surveys and other news and information
we think will be of interest to you. You may opt out of receiving these
promotional emails at any time by following the unsubscribe instructions
provided therein.

(c)
SMS Communication Terms. Wonder
may on occasion send you text messages for marketing, promotional, operational,
or transactional purposes, such as updates on the delivery status of your order
of our Product (collectively, “Wonder Texts”). The types of Wonder Texts you
receive depend on the consent you’ve provided. You can provide us with your
consent to receive Wonder Texts in multiple ways, such as by providing us with
your phone number on the Sites or in connection with an order, through
communications or transactions with us, or by opting into receiving Wonder
Texts. By providing consent, you authorize us to use automated or nonautomated
technology to send Wonder Texts to the number associated with your consent. We
may send you an initial message confirming your enrollment in Wonder Texts. Carriers
are not liable for delayed or undelivered messages.

(d)
E-Sign
Disclosure and Consent.
By providing your consent to receive Wonder Texts (as
described below), you also consent to the use of an electronic record to
document your agreement. You may withdraw your consent to the use of the
electronic record by emailing us at support@wonder.com with “Revoke Electronic
Consent” in the subject line. These SMS Communications Terms will still apply
if you withdraw consent to the use of an electronic record.

To view and retain a copy of this disclosure
or any information regarding your enrollment in this program, you will need (i)
a device (such as a computer or mobile phone) with a web browser and Internet
access and (ii) either a printer or storage space on such device. For a free
paper copy, or to update our records of your contact information, email us at support@wonder.com
with contact information and the address for delivery.

(e)
Eligibility and Costs.  By consenting to receive Wonder Texts, you represent that
you are 18 years of age or older. You further represent that you are the
subscriber to the relevant phone number or that you are the customary user of
that number on a family or business plan and for which you are authorized to opt
into Wonder Texts. You agree to keep your account information, including your
phone number, current at all times.

Wonder
does not charge you for Wonder Texts. But message and data rates may apply, so
depending on your plan with your wireless or other applicable provider, you may
be charged by your carrier or other applicable provider.

(f)
Opting Out of Wonder Texts. For
services operated through (716)

281-5566, you can get help by texting HELP to [(716)\\
\\
281-5566](tel:+17162815566), and you can opt out by texting STOP to [(716)\\
\\
281-5566](tel:+17162815566). For services operated through our short code, you
can get help by texting HELP, and you can opt out by texting STOP. For Wonder
Texts operated through a different number, text HELP to that number for help
and STOP to that number to opt out. You must separately opt out of each number
from which you’ve provided us with consent to receive Wonder Texts. After we
receive your “STOP” text, we may send you confirmation of your opt-out via text
message. Following an \`opt-out, you may continue to receive calls or messages
for a short period of time while Wonder processes your request.

6.
Privacy Policy

By using the Service, you agree to be bound
by these Terms and acknowledge and agree to the collection, use, disclosure and
other handling of your personal information in accordance with Wonder’s Privacy Policy.

7.     General Rules
and Prohibitions

Without limiting any other rules and
prohibitions in these Terms, by using the Service, you agree to comply with all
applicable laws, rules, and regulations when registering for, accessing, or
using the Service, and you agree that you will not:

We reserve the right to restrict or block
access to the Service for any reason or no reason.

You acknowledge that we have no obligation to
monitor your access to or use of the Service for violations of the Terms, or to
review any content you submit to us. However, we have the right to do so for
the purpose of operating and improving the Service (including, without
limitation, for fraud prevention, risk assessment, investigation, and customer
support purposes), to ensure your compliance with the Terms, and to comply with
applicable law or the order or requirement of a court, consent decree, administrative
agency, or other governmental body.

8.     Intellectual
Property Ownership; License to Use Service

Wonder
(and its licensors, where applicable) shall own all right, title and interest,
including all intellectual property rights, in and to the Service, including
all photographs, copy and other content displayed through the Service (other
than your User Content). These Terms do not convey to you any rights of
ownership in or to the App, the Site or the Service, or any other intellectual
property rights owned or licensed by Wonder. The Wonder name, any Wonder logos,
and the names of the menu items and any restaurants or personal names displayed
on or through the Service are trademarks of Wonder or third parties, and no
right or license is granted to use them. You agree that you will not remove,
alter or obscure any copyright, trademark, service mark or other proprietary
rights notices on the Site or App. These Terms permit you access to the Service
for your personal, non-commercial use only. You must not reproduce, distribute,
modify, create derivative works from, publicly display, publicly perform,
republish, download, store or transmit any of the material on our Site or the
App.

Subject to these Terms, Wonder grants you a
limited, non-exclusive, revocable, nontransferable, and non-sublicensable
license to access and use the Service solely for your personal non-commercial
purposes. Any future release, update or other addition to the Service shall be
subject to these Terms.

All rights not expressly granted are reserved
by Wonder and its licensors.

9.     User
Content and Feedback; Digital Millennium Copyright Act Notice

(a)   User
Content. Wonder may provide you with the ability to post comments,
ratings and reviews through the Service (collectively, “User Content”). You
represent and warrant that you own or otherwise have the right to provide all
User Content that you submit, post and/or otherwise transmit through the Service.
You hereby grant Wonder a perpetual, irrevocable, transferable, fully paid,
royalty-free, non-exclusive, worldwide, fully sublicensable right and license
to use, copy, display, publish, modify, remove, publicly perform, translate,
create derivative works, distribute and/or otherwise use the User Content in
connection with Wonder’s business. You also grant Wonder a license to use your
username and/or other profile information to attribute User Content to you,
without notification to or approval by you. You agree that this license
includes the right for other Users to access and use your User Content in
conjunction with their participation in the Service. Wonder reserves the right
in its sole discretion to remove any User Content from the Service, suspend or
terminate your account at any time, or pursue any other remedy or relief
available under equity or law if you post any User Content that violates these
Terms or that we consider to be objectionable. You agree that Wonder may, but
is not obligated to, monitor and/or delete your User Content for any reason in
Wonder’s sole discretion. Wonder is not responsible for, and does not endorse,
content in any posting made by other users through the Service. You are solely
responsible for your reliance on anything posted by another user. Under no
circumstances will Wonder be held liable, directly or indirectly, for any loss
or damage caused or alleged to have been caused to you or any third party in
connection with the content posted by a third party.

(b)   Feedback. By
sending us any feedback, comments, questions, or suggestions concerning Wonder
or the Service (collectively, “Feedback”) you represent and warrant (a) that
you have the right to disclose the Feedback, (b) that the Feedback does not
violate the rights of any other person or entity, and (c) that your Feedback
does not contain the confidential or proprietary information of any third party
or parties. By sending us any Feedback, you further (i) agree that we are under
no obligation of confidentiality, express or implied, with respect to the
Feedback, (ii) acknowledge that we may have something similar to the Feedback
already under consideration or in development, and (iii) grant us an
irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use,
modify, prepare derivative works, publish, distribute and sublicense the
Feedback. This Feedback section shall survive any termination of your Account
or any aspect of the Service.

(c)    Digital
Millennium Copyright Act Notice. Wonder is
committed to complying with U.S. copyright and related laws, and all users must
comply with these laws. Accordingly, our users (including you) may not
disseminate any material or content using the Service in any manner that
constitutes an infringement of third-party intellectual property rights,
including rights granted under U.S. copyright law. Owners of copyrighted works
who believe that their rights under U.S. copyright law have been infringed may
take advantage of certain provisions of the Digital Millennium Copyright Act of
1998 (the “DMCA”) to report alleged infringements. It is our policy in
accordance with the DMCA and other applicable laws to terminate the rights of
any user to access the Service when we determine that they are repeat
infringers.

If you believe that your work has been used
in a way that constitutes copyright infringement, please provide the following
information to the Wonder Copyright Agent:

·
a description of the copyrighted work that
you claim has been infringed;

·
a description of where the material that you
claim is infringing is located on the Site;

·
your address, telephone number and email
address;

·
a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent or the law;

·
an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or other
intellectual property interest, as applicable; and

·
a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on such owner’s behalf.

The Wonder Copyright Agent can be reached as
follows:

Mail:     Wonder Group, Inc.

4 World Trade Center

150 Greenwich Street, 57th
Floor

New York, New York 10007

Email:   [legal@wonder.com](mailto:legal@wonder.com)

If we remove or disable access in response to
such a notice, or plan to, we may forward your notice and related
communications to the user responsible for the content so that they can object
to your request.

10.   Food Safety, Nutritional Information &
Allergens.

(a) Food Safety – Prepared Foods. For
optimal taste and quality, we recommend consuming your delivered meal
immediately. Proper care of perishable food and leftovers is essential to
ensure your food continues to be safe to eat. If you are not consuming the
delivered meal immediately, divide it into smaller portions, cover, and
refrigerate at 40ºF or below as soon as possible. Perishable foods left at room
temperature for 2 hours (or above 90ºF for 1 hour) must be discarded. Failure
to follow safe food handling practices and temperature recommendations may
increase the risk of foodborne illness. In addition, pregnant women, young
children, the elderly and individuals with compromised immune systems should
follow the U.S. Food and Drug Administration’s recommendations on food
consumption for at-risk groups.

(b) Food Safety – Meal Kits.  You are solely responsible for determining
the freshness of the products in any meal kits you receive. We recommend that
you use a thermometer to ensure that the internal temperature of any meat,
poultry or seafood Product is 40° F or below. In the unlikely event that such
temperature is above 40° F, or you have any other reason to believe that any
other products in your meal kit delivery or purchase is not suitable for
consumption, contact our affiliate, Blue Apron, at contact@blueapron.com and
discard the item. To maintain the quality and integrity of all products in meal
kits, we recommend that you immediately refrigerate all perishable ingredients upon
delivery or purchase and follow the U.S. Department of Agriculture’s (“USDA”)
instructions on refrigeration and food safety, which can be found [here](https://www.fsis.usda.gov/food-safety/safe-food-handling-and-preparation/food-safety-basics/refrigeration). We
recommend that you follow the USDA’s instructions on safe food handling, which
can be found [here](https://www.fsis.usda.gov/food-safety/safe-food-handling-and-preparation/food-safety-basics/refrigeration). We
also recommend that you use a food thermometer to ensure that all meat,
poultry, seafood and other applicable items are cooked to the USDA’s
recommended internal temperatures, which can be found [here](https://www.fsis.usda.gov/food-safety/safe-food-handling-and-preparation/food-safety-basics/refrigeration).
Failure to follow safe food handling practices and temperature recommendations
may increase the risk of foodborne illness. In addition, pregnant women, young
children, the elderly and individuals with compromised immune systems should
follow the U.S. Food and Drug Administration’s recommendations on food
consumption for at-risk groups, which can be found [here](https://www.fsis.usda.gov/food-safety/safe-food-handling-and-preparation/food-safety-basics/refrigeration).

(c) Nutritional Information &
Allergens. Nutrition
information displayed on the Service for the food is calculated based on
standardized recipes, and variations may occur based on differences in product
assembly, customization, and variations in information provided by product
manufacturers and suppliers who may modify their products from time to time. In
turn while we always strive to provide accurate nutrition and allergen
information, we cannot guarantee that such information displayed on the Service
at the time you place your order is accurate or complete. All food is prepared,
stored, and packaged in facilities that process the 9 major U.S. allergens –
milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soy and sesame.  Fried items are prepared in shared frying
oil.  While we take precautions to limit
cross-contact, we cannot guarantee that cross-contact has not occurred between
ingredients. Vegetarian and vegan ingredients may be handled on shared
equipment or in shared frying oil with meat ingredients and may not be suitable
for all vegetarian or vegan diets.

11.  Payment

(a)
Payment Authorization. You
authorize Wonder to charge all sums for orders that you make to the payment
method designated in your account. If there is a problem charging your selected
payment method, we may charge any other valid payment method associated with
your account. Wonder reserves the right to request additional information from
you if we have reason to believe, in our sole discretion, that a payment method
may be fraudulent.

(b)
Prices. Wonder
reserves the right to change its prices and/or fees at any time, at its
discretion.

(c)
Refunds and Credits.
Charges paid by you for completed and delivered orders are final and
non-refundable. If you are not satisfied with your order, please contact us at [support@wonder.com](mailto:support@wonder.com)
within twenty-four (24) hours of delivery. Wonder has no obligation to provide
refunds or credits, but may grant them in our discretion. Credits are
nontransferable, not exchangeable for cash, and subject to expiration.

12.
Promotional
Offers **.** Wonder may make promotional offers (“Offers”) in its
discretion, which are valid as indicated and subject to these Terms and any
other terms provided with such Offer.  You
understand that Offers: (i) may only be used by the intended audience, for the
intended purpose, and in a lawful manner; (ii) may not be duplicated, sold, or
transferred in any manner, or made available to the general public, unless
expressly permitted by its terms; (iii) cannot be redeemed for cash or cash
equivalent; and (v) are not valid for use after the date provided. Wonder may
change, cancel, withhold, deduct or modify any Offer at any time in its sole
discretion.  Offers cannot be applied
toward gift cards, tips, alcohol, Wonder+ membership fees, or taxes.  Customer must meet any qualifications stated
in the Offer to receive its benefit, as well as have a valid Wonder account
with a valid form of accepted payment on file.
Offers can only be redeemed for orders on the Site or App unless
expressly stated otherwise.  For Offers
available to new customers or members, as applicable, a customer/member will be
disqualified if Wonder has a record of such customer’s name, contact
information or credit card being previously used for a Wonder order or linked
to an active or inactive Wonder account, or if otherwise suspected of
fraudulent activity.  All Offers are
subject to availability.  Offers are not
transferable and may not be sold, modified, traded or otherwise
transferred.  Offers cannot be combined
unless otherwise stated in the Offer and cannot be applied retroactively.   Void where prohibited or restricted by
law.  The customer redeeming the Offer is
responsible for any applicable sales or other taxes related to the use of an
Offer.

13.  Gift Cards.

(a)
Issuance,
Use and Redemption.  Except as otherwise provided, gift cards are redeemable
toward eligible orders placed on the Site or the App.  Wonder, in its sole discretion, shall
determine what constitutes an eligible order.
Gift cards cannot be used to purchase other gift cards.  Gift cards will not expire and no fees apply
to gift cards.  Wonder reserves the right
to cancel, suspend or deactivate any gift card in the event of actual or
suspected fraud, illegal activity or a breach of these Terms.  In order to redeem a gift card, you must have
or create a Wonder account and provide a valid credit card (or other acceptable
payment method) to complete the purchase.
If the gift card does not have sufficient value to cover the entire
purchase, the remaining balance must be paid at the time of redemption using
another acceptable payment method.  Gift
cards are not credit or debit cards.
Except to the extent required by applicable law, unused gift card
balances will remain on such gift card.  You
may not purchase or obtain multiple gift cards with a value of more than $9,999
in any one day.  Additional restrictions
on the use of gift cards may apply with other offers.  Any gift card use not permitted by these
Terms is strictly prohibited.

(b)   Cancellations, Returns and Risk of Loss.  Gift
cards are not returnable or redeemable for cash except when required by
applicable law.  Gift cards are not
transferable and may not be resold.  Gift
cards cannot be reloaded or increased in value. Ownership and risk of loss of a
gift card passes to you once transmitted by Wonder.  Wonder is not responsible for gift cards that
are lost, stolen, or destroyed and such gift cards will not be replaced or
replenished.  Only gift cards obtained
directly from Wonder are valid.  Gift
cards are subject to verification by Wonder and any gift card obtained through
fraudulent or illegal means may be subject to invalidation without refund in
Wonder’s discretion.

(c)
Limitation of Liability.  Gift cards are issued by Wonder Group, Inc.,
who is the sole obligor to you unless such obligation is assigned by Wonder
Group, Inc.  Wonder bears no
responsibility or liability for any gift card and you irrevocably release
Wonder from any liability or claim relating to a gift card.  TO THE FULLEST EXTENT PERMITTED BY LAW, WONDER
SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL,
CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND IN ANY WAY CONNECTED WITH
GIFT CARDS OR THEIR USE. WONDER SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR
INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE,
OR INJURY IN ANY WAY CONNECTED WITH GIFT CARDS, EVEN IF WONDER WAS AWARE OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WONDER
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS INCLUDING
WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.  YOUR
SOLE REMEDY, AND WONDER’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.

14.  **Wonder+ Membership**

(a) **General.** Wonder+ is an automatically renewing
subscription requiring recurring payments until canceled. A monthly or annual
Wonder+ subscription grants access to certain benefits on eligible orders
placed through the Site or App as indicated, which Wonder reserves the right to
modify, change or cancel at any time. Wonder reserves the right to change
whether a restaurant is eligible for Wonder+ benefits at any time with or
without notice. If you are a United States customer (excluding one whose
primary residence is in Puerto Rico), you acknowledge that you are purchasing a
Wonder+ membership subscription exclusively from Wonder Group, Inc.
Wonder orders are subject to availability.
Fees and taxes may apply. Wonder reserves the right to add and modify
fees that may apply to your Wonder+ membership subscription.  Your Wonder+ membership subscription cannot be
transferred or assigned. Wonder reserves the right to accept, refuse, suspend,
or cancel your Wonder+ membership subscription at any time in its sole
discretion.  If Wonder changes the
monthly or annual fee charged for a Wonder+ membership subscription, Wonder
will notify you and provide you with the opportunity to cancel your
subscription before your Wonder+ membership subscription is renewed for another
term and you may cancel within the specified period. Your continued use of the
Services after a fee or feature change becomes effective will constitute your
acceptance of the change, and any updated terms and conditions will apply for
the remaining subscription term and all renewals going forward.

(b)
Payment. Wonder+ is available for a monthly or yearly fee that is payable
at the start of the relevant period. By signing up for Wonder+, you agree that:
(i) you will be charged your first subscription fee and any applicable taxes or
fees on the date of purchase or, if your Wonder+ membership subscription
includes a free trial, on the day after the free trial period ends; (ii) you
authorize Wonder and its service providers to store your payment method and
other information necessary for the purpose of executing future Wonder+
auto-renewal transactions; (iii) UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR
NOTICE ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR WONDER+
SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE THEN-CURRENT
SUBSCRIPTION PERIOD; and (iv) AT THE TIME OF RENEWAL, WONDER WILL AUTOMATICALLY
CHARGE THE THEN-CURRENT WONDER+ FEE AND ANY APPLICABLE TAXES AND FEES TO AN
ELIGIBLE PAYMENT METHOD THAT WE HAVE ON FILE. If your payment details change,
your card provider may provide Wonder with updated payment details which Wonder
may use in order to prevent interruption to your Wonder+ membership
subscription. This includes Wonder’s right to charge any payment method on file
if the initial form of preferred payment fails. Customer is responsible for
keeping billing information up to date. If any amount or fee is not paid in a
timely manner or a transaction cannot be processed, Wonder reserves the right
to suspend, disable, cancel, or terminate your access to your Wonder+
membership subscription. You are responsible for paying any and all past due
amounts.

(c) **Trial or**
**Promotional Subscriptions.** Wonder may, in its discretion from time to time,
offer trial or other promotional subscriptions to Wonder+. Such trial or
promotional subscriptions are available only for customers who have not
previously subscribed to Wonder+ (whether on a free or paid plan) and are
subject to these Terms except as otherwise stated in the promotional
offer. If you do not cancel the free trial or promotional subscription within
the trial or promotional pricing period, you agree to purchase a paid Wonder+
membership subscription at the then-current rate. When your free trial or
promotional pricing period has expired, your subscription will automatically
convert into a paid, automatically renewing Wonder+ subscription, and Wonder
will charge the applicable fee (plus applicable taxes and fees) unless you
cancel. If you cancel before the trial offer has expired, Wonder will not
charge you for Wonder+. If you purchase a Wonder+ membership subscription with
a promotional code, each time your subscription renews, you will be charged the
full billing amount. Only one trial or promotional membership subscription is
available per household. If your Wonder+ membership subscription is ever
terminated for any reason, you will not be eligible for a free trial or
promotional offer on any subsequent Wonder+ membership subscription.

(d)
**Cancellations.** When
a Wonder+ membership subscription is cancelled, only future charges associated
with that Wonder+ membership subscription are cancelled. While you may initiate
your cancellation at any time, the cancellation will become effective at the
end of the current subscription period. You must cancel at least one (1) day
before the next-scheduled subscription renewal date to avoid being charged for
the next subscription period.  UNLESS
PROHIBITED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE.   If you
cancel your Wonder+ membership subscription, you will not receive a refund for
amounts previously paid, but you can continue to enjoy any Wonder+ membership
subscription benefits through the end of your then-current subscription period.
Wonder may issue refunds, credits or discounts in its sole discretion and, if
it does, is under no obligation to issue the same or similar refund in the
future.

15.  Purchase
of Alcoholic Beverages

You may have the option to purchase alcoholic beverages
through the Service. By placing an order that includes alcoholic beverages, you
represent and warrant that you are at least 21 years of age and that an
individual 21 years of age or older will be present to accept the delivery of
such alcoholic beverages.

Upon delivery of any order containing alcoholic beverages,
the individual accepting the delivery must present a valid government-issued
photo identification acceptable to the Wonder delivery person to confirm that
the individual is at least 21 years of age. Wonder and our delivery
representatives reserve the right to refuse delivery of alcoholic beverages if
the person accepting the order does not present valid identification. We also reserve
the right to refuse delivery of or cancel your alcoholic beverage order, or to
suspend or terminate your Account, if we believe, in our sole discretion, that
furnishing alcohol to you or the person accepting the delivery on your behalf
is illegal, unsafe, or inappropriate.

16.  Wonder
Local Marketplace

Wonder Local is a virtual
marketplace offered as part of the Service that connects you with third-party
service providers, including local merchants and independent delivery service
providers. You may order food through Wonder Local to be delivered from particular
merchants, including their authorized licensees and franchisees, or other
purveyors of food in the Service Area (collectively, the “Local
Merchants”).  The Local Merchants
available on the Service operate independently of Wonder. Local Merchants are
required to comply with all laws and regulations in its performance (including
all applicable consumer protection, data protection and privacy laws and, in
the case of Merchant, all applicable food safety and plastic/packaging laws).
Wonder is not liable or responsible for Local Merchants' food preparation or
safety and does not verify their compliance with applicable laws, rules,
regulations or standards. In addition, Wonder does not guarantee the quality of
what the Local Merchants sell, nor does it guarantee the services provided by
them. Wonder does not independently verify, and is not liable for,
representations made by Local Merchants regarding their food, including,
without limitation, any descriptors, disclosures, photographs or images
displayed through the Service. By accessing the Services, you agree and
acknowledge that Local Merchants are solely responsible for, and Wonder shall
not be liable or responsible for, the services provided to you by any Local Merchant
or any subcontractor of any Local Merchant, nor shall Wonder be responsible for
any acts, omissions, errors or misrepresentations made by any Local Merchant or
any subcontractor of any Local Merchant.
You understand that the prices for menu items displayed through the
Services may differ from the prices offered or published by Local Merchants for
the same menu items, whether offered by the Local Merchant directly or on
third-party websites. You also understand that such prices may not be the
lowest prices at which the menu items are sold. WONDER RELIES UPON LOCAL
MERCHANTS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL
PRODUCT SAFETY AND DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION
ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR
ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN
INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION,
OR REVIEWS.

17.  Blue Apron.

Any Blue Apron branded products or services (“Blue Apron
Items”) purchased on the App will be governed by the Blue Apron Terms of Use found
at https://www.blueapron.com/pages/terms, in addition to these Terms.  Blue Apron Items may only be purchased for
delivery within a Wonder Service Area.  Certain
purchase minimums or other restrictions may apply to purchases of Blue Apron
Items on the App.  Blue Apron credits,
promotions, discounts, refunds or similar may not be applied to purchases of
Blue Apron Items on the App.

18.  Indemnification

You agree to indemnify and hold harmless Wonder
and the members of its corporate family (i.e., all parents, subsidiaries and
affiliates), as well as Wonder investors and partners, and our and their
respective agents, partners, employees and contractors, at your own expense and
immediately after receiving a written notice from us, from and against any
damages, loss, costs, settlements, expenses and payments, including reasonable
attorney’s fees and legal expenses, resulting from any third-party complaint,
claim, demand or liability arising out of or related to your breach of these
Terms, or your violation of any law or third-party rights. The members of Wonder’s
corporate family (which means all parents, subsidiaries and affiliates of Wonder),
as well as Wonder investors and partners, and our and their respective agents,
partners, employees and contractors, are third-party beneficiaries of this
paragraph.

19.  Disclaimer
of Representations and Warranties

THIS DISCLAIMER SECTION IS AN ESSENTIAL PART
OF THIS AGREEMENT.

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. WE
DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH
RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES (1) OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL
CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE,
(6) THAT THE SERVICE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR
UNINTERRUPTED MANNER, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7)
THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, (8) THAT THE
SERVICE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR (9)
THAT WE WILL ENFORCE THE TERMS AGAINST OTHERS TO YOUR SATISFACTION. WONDER DOES
NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF RESTAURANT
PARTNERS. WONDER DOES NOT CONTROL, MANAGE OR DIRECT RESTAURANT PARTNERS. ANY EFFORTS
BY WONDER TO MODIFY THE SERVICE SHALL NOT BE DEEMED A WAIVER OF THESE
LIMITATIONS OR ANY OTHER PROVISION OF THESE TERMS. Some jurisdictions limit or
do not allow the disclaimer of implied warranties, and as a result some or all
of this section may not apply to you. In cases where such laws apply, the
warranties will be disclaimed only to fullest extent permitted by law.

IN THE EVENT OF AN ERROR ON OUR APP OR SITE,
IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE
RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY OR TO
CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS
AND MATERIALS YOU RECEIVE MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON
OUR APP OR SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION,
SYSTEM CAPABILITIES, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE VARIABILITY
AND AVAILABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND
VARIABILITY OF COOKING APPLIANCES AND EQUIPMENT. OUT APP AND SITE MAY CONTAIN
INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN ALL LOCATIONS. A REFERENCE
TO A PARTICULAR ITEM ON OUR APP OR SITE DOES NOT IMPLY OR GUARANTEE THAT SUCH
ITEM IS OR WILL BE AVAILABLE IN YOUR LOCATION AT THE TIME OF YOUR ORDER.

20.  Limitation
of Liability

IN NO EVENT SHALL WONDER OR ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, INVESTORS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES,
AFFILIATES, PARENTS, SUBSIDIARIES, LICENSORS, SUBLICENSEES, SUCCESSORS OR
ASSIGNS (COLLECTIVELY, WITH WONDER, THE “WONDER ENTITIES”)
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS
OF DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
THE SERVICE OR WITH THE DELAY OR INABILITY TO USE SAME, OR ANY TRANSACTION OR
RELATIONSHIP BETWEEN YOU AND ANY RESTAURANT PARTNER, OR FOR ANY BREACH OF
SECURITY, OR FOR ANY CONTENT, MENU ITEMS, OR SERVICE OBTAINED THROUGH OR VIEWED
ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF
THE WONDER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF
SUCH DAMAGES RESULT FROM ANY WONDER ENTITY’S NEGLIGENCE OR GROSS NEGLIGENCE. IN
NO EVENT SHALL THE WONDER ENTITIES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING
TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00)
AND THE COST OF THE MEAL WHICH IS THE SUBJECT OF THE APPLICABLE CLAIM.
ADDITIONAL DISCLAIMERS BY WONDER MAY APPEAR WITHIN THE SERVICE AND ARE
INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE
GREATER RESTRICTIONS ON YOUR USE OF THE SERVICE OR THE MATERIAL CONTAINED
THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. Some jurisdictions restrict or
do not allow the limitation of liability in contracts, and as a result the
contents of this section may not apply to you. In cases where such laws apply,
liability of the Wonder Entities shall be limited to the fullest extent
permitted by law and shall not have the effect of waiving rights that may not
be waived as a matter of law.

21.  Arbitration
and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT
AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Wonder agree that these Terms may affect
interstate commerce and that to the broadest extent permissible under law the
Federal Arbitration Act governs the interpretation and enforcement of these
arbitration provisions.

This Section is intended to be interpreted
broadly and governs any and all disputes between us, including but not limited
to claims arising out of or relating to any aspect of the relationship between
us, whether based in contract, tort, statute, fraud, misrepresentation or any
other legal theory; claims that arose before these Terms or any prior agreement
(including, but not limited to, claims related to advertising, and any content
available on or through any App or our Site); and claims that may arise after
the termination of these Terms. The only disputes excluded from this broad
prohibition are the litigation of certain intellectual property and small court
claims, as provided below.

By agreeing to these Terms, you agree to
resolve any and all disputes with Wonder as follows:

_Initial Dispute Resolution_:
Most disputes can be resolved without resort to litigation. You can reach Wonder
at support@wonder.com. Except for intellectual property and small
claims court claims, the parties agree to use their best efforts to settle any
dispute, claim, question, or disagreement directly through consultation with Wonder,
and good faith negotiations shall be a condition to either party initiating a
lawsuit or arbitration.

_Binding Arbitration_: If
the parties do not reach an agreed-upon solution within a period of thirty (30)
days from the time informal dispute resolution is initiated under the Initial
Dispute Resolution provision above, then either party may initiate binding
arbitration as the sole means to resolve claims, subject to the terms set forth
below. Specifically, all claims arising out of or relating to these Terms
(including the Terms’ or Privacy Policy’s formation, performance, and breach),
the parties’ relationship with each other, and/or your use of our App or our Site
shall be finally settled by binding arbitration administered by JAMS in
accordance with the [JAMS\\
Streamlined Arbitration Procedure Rules](https://www.jamsadr.com/rules-streamlined-arbitration/) for
claims that do not exceed $250,000 and the [JAMS\\
Comprehensive Arbitration Rules and Procedures](https://www.jamsadr.com/rules-comprehensive-arbitration/) for
claims exceeding $250,000 in effect at the time the arbitration is initiated,
excluding any rules or procedures governing or permitting class actions. The
arbitrator, and not any federal, state, or local court or agency, shall have
exclusive authority to resolve all disputes arising out of or relating to the
interpretation, applicability, enforceability, or formation of these Terms or
the Privacy Policy, including but not limited to any claim that all or any part
of these Terms or Privacy Policy is void or voidable, whether a claim is
subject to arbitration, or the question of waiver by litigation conduct. The
arbitrator shall be empowered to grant whatever relief would be available in a
court under law or in equity. The arbitrator’s award shall be written and shall
be binding on the parties and may be entered as a judgment in any court of
competent jurisdiction. To start an arbitration, you must do the following: (a)
write a Demand for Arbitration that includes a description of the claim and the
amount of damages you seek to recover (you may find a copy of a Demand for
Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for
Arbitration, plus the appropriate filing fee, to JAMS, 620 Eighth Ave. NY Times
Building 34th Floor New York, NY 10018 USA; and (c) send one copy of the Demand
for Arbitration to Wonder at 399 Jefferson Road, Parsippany, New Jersey 07054,
Attention: Legal Department.

To the extent the filing fee for the
arbitration exceeds the cost of filing a lawsuit, Wonder will pay the
additional cost. If the arbitrator finds the arbitration to be non-frivolous, Wonder
will pay the fees invoiced by JAMS, including filing fees and arbitrator and
hearing expenses. You are responsible for your own attorneys’ fees unless the
arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this
mandatory arbitration provision, they would have the right to sue in court and
have a jury trial. They further understand that, in some instances, the costs
of arbitration could exceed the costs of litigation and the right to discovery
may be more limited in arbitration than in court.

You and Wonder agree that any arbitration
will take place in the county of your billing address. You and Wonder further
agree to submit to the personal jurisdiction of any federal or state court in
New York County, New York in order to compel arbitration, to stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter judgment on the
award entered by the arbitrator.

_Class Action Waiver_: The
parties further agree that the arbitration shall be conducted in their
individual capacities only and not as a class action or other representative
action, and the parties expressly waive their right to file a class action or
seek relief on a class basis. YOU AND WONDER AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in
this paragraph is void or unenforceable for any reason or that an arbitration
can proceed on a class basis, then the arbitration provisions set forth above (but
not the remainder of these Terms of Service) shall be deemed null and void in
their entirety and the parties shall be deemed to have not agreed to arbitrate
disputes.

_Exception for Litigation of Intellectual_
_Property and Small Claims Court Claims:_ Notwithstanding
the parties’ decision to resolve all disputes through arbitration, either party
may bring enforcement actions, validity determinations or claims arising from
or relating to theft, piracy or unauthorized use of intellectual property in
state or federal court or in the U.S. Patent and Trademark Office to protect
its intellectual property rights (“intellectual property rights” means patents,
copyrights, trademarks, and trade secrets, but not privacy or publicity
rights). Either party may also seek relief in a small claims court for disputes
or claims within the scope of that court’s jurisdiction.

_30-Day Right to Opt Out:_ You
have the right to opt out and not be bound by the arbitration and class action
waiver provisions set forth above by sending (from the email address you used
to create your Account) written notice of your decision to opt out to optout@wonder.com with
the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice
must be sent within thirty (30) days of your agreement to these Terms;
otherwise, you shall be bound to arbitrate disputes in accordance with the
terms of those paragraphs. If you opt out of these arbitration provisions, Wonder
also will not be bound by them.

_Changes to This Section:_ Wonder
will provide thirty (30) days’ notice of any changes to this section by posting
on the Service, sending you a message, or otherwise notifying you when you are
logged into your Account. Amendments will become effective thirty (30) days
after they are posted on the Service or sent to you.

Changes to this section will otherwise apply
prospectively only to claims arising after the thirtieth (30th) day. If a court
or arbitrator decides that this subsection on “Changes to This Section” is not
enforceable or valid, then this subsection shall be severed from the section
entitled “Arbitration and Class Action Waiver,” and the court or arbitrator
shall apply the first Arbitration and Class Action Waiver section in existence
after you began using the Service.

_Survival_: This
Arbitration and Class Action Waiver section shall survive any termination of
your Account or the Service.

20\.       Governing Law

The Terms and the relationship between you
and Wonder shall be governed in all respects by the laws of the State of New
York, without regard to its conflict of law provisions. Any claim or dispute
either of us may have against the other that is not subject to arbitration must
be resolved by a court located in New York County, New York. We both agree to
submit to the personal jurisdiction of the federal and state courts located
within New York County, New York for the purpose of litigating all such claims
or disputes that are not subject to arbitration.

21.       Effect of Terms.

These Terms
constitute the entire and exclusive understanding and agreement between us and
you regarding the Service, and these Terms supersede and replace any and all
prior oral or written understandings or agreements between us and you regarding
such topic. If we fail to enforce any part of these Terms, it will not be
considered a waiver.

22\.       Questions

Should you have any questions regarding these
Terms you may contact us at support@wonder.com.

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