Freshly, Inc. (“Freshly” or “Company”) may, from time to time, offer existing customers, or other persons, (“you” or “your”) the opportunity to earn rewards by referring friends and family (“Friend(s)”) to try Freshly’s services and offerings (“Program”). The Program was created to reward you for doing what you would already do – recommending us to Friends who sign on to be new Freshly customers. It was also created to reward your Friends by offering them a discount for signing up at your referral. The following terms and conditions (“Terms”) contain important information about the Program, so please read and understand them carefully. 1. Terms and Conditions These Terms shall apply to your participation in the Program. By participating in the Program, you agree to use the Program in the manner specified in these Terms, and also in accordance with our standard Terms and Conditions and Privacy Policy, both of which are incorporated in full into these Terms by reference. By participating in the Program, you accept all terms, conditions, limitations and requirements. If you do not agree to these Terms in their entirety you are not authorized to participate in the Program in any manner. You may also not participate in the Program where doing so would be prohibited by any applicable law or regulations. Participation in the Program may require you to submit personal information about yourself and your Friends, such as name, address, phone number, and e-mail address. The personal information will be collected, processed and used in accordance with Company's Privacy Policy linked above. Freshly reserves the right to terminate the Program at any time 2. How the Program Works You will receive a $20 promotional code that can be applied to two orders of Freshly meals ("Discount Offer") for each qualified new-to-Freshly Friend Referral, and give your Friend a special invitation to get their first two orders of any meal plan at a discount of $20 (“Special Introductory Offer”). You will receive an email with your promotional code within 24 hours of your Friend placing an order through your referral link. You are eligible to receive only ten (10) Discount Offers in a calendar month. To qualify to share the offer and receive your Discount Offer, you must already be a Freshly customer, must be at least 18 years of age or older, must have placed at least one order prior to sharing, have the legal right to provide the necessary personal information of each referred Friend, and not be an employee of Freshly or its subsidiaries, affiliates or promotional agencies, including immediate family and household members. To qualify to redeem their Special Introductory Offer, and for you to receive your Discount Offer, your Friend must (1) be at least 18 years of age; (2) be a new Freshly customer; and (3) order at least one of the Freshly meal plans using the unique link provided in their email invitation. Discount is valid only for new Freshly customers who access Freshly using the unique link in their special invitation. Program discounts and offers may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to you. You are responsible for any and all tax liabilities associated with the Program. 3. Program Limitations Discount Offer valid only for intended email recipient, and cannot be combined with any other Freshly offer. Terms, conditions, features, availability, pricing, fees, service and support options subject to change without notice. Referrals, offers, and rewards are subject to verification at Freshly’s sole discretion. Discount Offers and Special Introductory Offer are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of your Freshly account for any reason, any unredeemed Discount Offers and Special Introductory Offers are forfeited. YOUR REFERRAL LINK CANNOT BE POSTED ON ANY PUBLIC FORUMS – IT CAN ONLY BE SHARED VIA EMAIL AND FACEBOOK OR TWITTER VIA THE SHARE EXPERIENCE ON FRESHLY.COM/FRIENDREFERRAL AND FRESHLY.COM/REFER AND REFER.FRESHLY.COM. PLEASE NOTE THAT YOU MUST TELL YOUR FRIENDS THAT YOU ARE ELIGIBLE TO RECEIVE A REWARD IF THEY MAKE A QUALIFYING PURCHASE. If you do not, it is a violation of these Program terms and may result in your immediate termination from the Program, disqualification from future participation, and forfeiture any credit owed to you as a result of your participation in this Program. Freshly and its Program service providers ("We") reserve the right at any time and for any reason to modify these terms, or to change, interrupt or stop the Program either for a period of time or permanently with or without notice. We reserve the right to delay, cancel, revoke, or prevent issuing of the rewards in any suspected case of fraudulent use or misuse of Freshly service or this Program. Spam, unsolicited commercial email, or any form of illegal means of communication is illegal, prohibited, and will be grounds for termination of your account and participation in this Program. Fraudulent or unethical means of communication such as using bots, fictitious identities, fake emails, or scripts is also prohibited and will result in similar actions by us with respect to terminating your account and participation in the Program. 4. Disclaimer of Warranties PARTICIPANTS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE REFERRAL PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM; (B) WE MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE AND (C) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. \ 5. Limitation of Liability and Indemnification YOU EXPRESSLY UNDERSTAND AND AGREE THAT FRESHLY, INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FRESHLY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; OR (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. TO THE FULLEST EXTENT POSSIBLE BY LAW, FRESHLY, INCLUDING ANY VENDORS AND SERVICE PROVIDERS, MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. 6. Governing Law and Jurisdiction Any and all disputes, claims and causes of action arising out of or related to the Program or any prize awarded shall be resolved under New York law (without reference to its conflicts of laws principles), and participants in the Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in New York, New York.