CUSTOMER TERMS OF SERVICE – VROOMDELIVERY.COM

REVISION DATE: 20260825

1. INTRODUCTION AND ACCEPTANCE.
   1. Vroom Delivery, Inc. (“Vroom,” “Company,” “we,” “us,” or “our”) operates the website VroomDelivery.com and the Vroom mobile applications, through which you can browse, order, pay for, and receive goods offered by independent retail businesses. These Customer Terms of Service (“Terms”) are the agreement between you and Vroom covering your use of the Website and the Platform as a customer.
   2. YOUR ACCEPTANCE OF THESE TERMS. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE WEBSITE, BY CREATING AN ACCOUNT, OR BY PLACING AN ORDER, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, YOUR CHOICE IS NOT TO USE THE WEBSITE AND NOT TO PLACE AN ORDER. THESE TERMS MAY CHANGE FROM TIME TO TIME (SEE BELOW “CHANGES TO THESE TERMS”). YOUR CONTINUED USE OF THE WEBSITE AFTER WE MAKE CHANGES IS DEEMED TO BE ACCEPTANCE OF THOSE CHANGES, SO PLEASE CHECK THESE TERMS PERIODICALLY FOR UPDATES.
   3. These Terms are for customers only. The retail businesses that offer their goods through the Platform, and the couriers and delivery providers that fulfill orders, contract with us separately and are not governed by these Terms. Except where these Terms expressly say otherwise, for example the content license in “REVIEWS, RATINGS, AND OTHER CONTENT YOU SUBMIT”, nothing in these Terms gives a Store, courier, or other third party any right against you or against us.
   4. Your privacy. Our handling of personal information collected through the Website, as the Website is defined in these Terms, is described in our Privacy Policy, which is incorporated into these Terms by reference. If you are a California resident, additional rights are described at vroomdelivery.com/ccpa. These Terms do not describe our privacy practices; please read the Privacy Policy separately.
   5. Definitions. For convenience we use several defined terms in these Terms:
      1. Website. VroomDelivery.com, the store-branded ordering pages we host, our mobile applications, and the in-store ordering kiosks we operate on behalf of a Store.
      2. Platform. The Website operated together with the services of the third-party vendors we rely on to run it, including payment processors, hosting, analytics, and fraud prevention providers.
      3. Store. An independent third-party retail business (for example a convenience store, grocery store, liquor store, or foodservice operator) that has chosen to use the Platform to offer its goods and services to you. We do not manufacture, stock, prepare, or sell any goods you order through the Website. The Store is the seller.
      4. Order. A request you submit through the Website for goods offered by a Store, whether for delivery, pickup, shipping, catering, or purchase at a kiosk.
      5. Driver. The person who delivers an Order to you. Depending on the Store, a Driver may be an employee or contractor of the Store, or of a third-party delivery provider the Store uses. Drivers are not employees of Vroom.
      6. Age-Restricted Products. Any goods whose sale is restricted by age under federal, state, or local law, including alcohol, tobacco, and nicotine products (see below “AGE-RESTRICTED PRODUCTS”).
2. ELIGIBILITY.
   1. You must be at least 18 years old, or the age of majority in your jurisdiction if higher, to create an Account or to place an Order for delivery, pickup, catering, or shipping.
   2. You must be at least 21 years old to order Age-Restricted Products, and you must be able to present valid identification at delivery or pickup.
   3. The Website is intended for use in the United States. Whether a Store can serve you depends on the Store's delivery area, hours, and applicable local law.
   4. You may not use the Website if we have previously suspended or terminated your access, or if you are otherwise barred from receiving the goods you are trying to order.
3. YOUR ACCOUNT.
   1. Use of the Website's services requires that you register and create an account (“Account”) or use the Website as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Website's services, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Vroom has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Vroom has the right to refuse any and all current or future use of the Website (or any portion of it).
   2. You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify Vroom of any known or suspected unauthorized use of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information, and (b) ensure that you exit from your Account at the end of each session. Vroom will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and (b), or for any acts or omissions by you or by someone else using your Account or password.
   3. Your Account is personal to you. Do not share it, sell it, or let another person place Orders through it.
   4. We may verify your phone number by sending you a one-time code before certain actions, including Orders involving Age-Restricted Products, promotional codes, or loyalty balances. Standard message and data rates may apply.
   5. You may ask us to close your Account or delete your information at any time by writing to HELP@VROOMDELIVERY.COM, or as described in the Privacy Policy. We may keep records we are required to keep by law, including records of Age-Restricted Product sales and payment records.
4. OUR ROLE: WE ARE A TECHNOLOGY PLATFORM, NOT THE SELLER.
   1. The Stores are third-party businesses who have chosen to use the Platform to offer their goods and services to you. We do not manufacture, sell, or provide any of the goods you order using the Website. The Platform gives you a convenient way to order those goods and to have them delivered to you, or made ready for you to pick up, by the Store.
   2. Each Store controls its own catalog, product descriptions, prices, promotions, taxes, fees, order minimums, operating hours, delivery area, and delivery and pickup practices. Two Stores on the Platform may offer the same item at different prices, and a Store's price on the Website may differ from its in-store shelf price.
   3. The Store, not Vroom, is responsible for the goods it sells you: for their quality, condition, safety, labeling, and legality, and for holding every license and permit its sales require.
   4. Delivery is performed by the Store's own staff or by a third-party delivery provider the Store has engaged. We may pass your Order and delivery details to that provider so it can complete the delivery.
   5. We collect payment for your Order as the Store's agent and remit it to the Store, less amounts the Store owes us. Your payment to us satisfies your payment obligation to the Store for that Order.
   6. If you order from a Store through a third-party marketplace (for example DoorDash, Uber Eats, or Grubhub) rather than through the Website, that marketplace's terms govern your order, not these Terms, even though the Store may use our Platform to receive and fulfill it.
5. PLACING AN ORDER.
   1. Depending on the Store, the Website may offer on-demand delivery, scheduled delivery, pickup, scheduled pickup, catering, shipping, and ordering from a kiosk inside the Store. Not every option is available at every Store, and options can change without notice.
   2. Submitting an Order is an offer to buy. A binding sale is formed when the Store accepts the Order, which normally happens when the Store begins preparing it. Until then, the Store or Vroom may decline or cancel the Order, including for the reasons listed below under “CANCELLATIONS, REFUNDS, AND ORDER ISSUES”.
   3. A Store may set a minimum Order amount, and may set separate minimums for delivery and pickup. It may also limit quantities per item or per Order.
   4. A Store can only accept Orders during the hours it has set for the service you chose. A Store may close early, pause ordering, or stop accepting Orders because of staffing, weather, inventory, or a holiday.
   5. Preparation and delivery times shown on the Website are estimates based on typical conditions. They are not guarantees, and we do not promise delivery by a particular moment.
   6. You are responsible for the delivery address, phone number, and any apartment, suite, gate, or access details you give us. Delivery notes and special instructions are followed on a best-effort basis by the Store and the Driver.
   7. Orders are for your personal, household, or ordinary business use. You may not buy through the Website for resale, and you may not place Orders on behalf of a person who is not permitted to buy the goods themselves.
6. PRODUCT INFORMATION, AVAILABILITY, AND SUBSTITUTIONS.
   1. Product titles, descriptions, images, prices, nutrition and ingredient information, and stock levels come from the Store or from the Store's point-of-sale, inventory, or pricebook system. Errors, omissions, and out-of-date entries happen. Neither we nor the Store guarantee that this information is complete, accurate, or current.
   2. Product images are for illustration. Packaging, size, flavor, vintage, and formulation vary, and what you receive may look different from the image shown.
   3. If you have a food allergy or a medical dietary restriction, do not rely on the Website. Read the label on the product you receive and contact the Store directly before ordering if you need to confirm ingredients or preparation.
   4. If a price, tax, or fee is listed incorrectly, the Store or Vroom may correct it, cancel the affected item, or cancel the Order, and will not charge you more than the total you approved without your consent.
   5. Items can sell out between the moment you order and the moment the Store picks the Order. Where the Website offers substitution preferences, you may tell us in advance whether you want the Store to choose a replacement, to use a specific replacement you select, to remove the item, or to contact you. Where you have not set a preference, the Store will use its own judgment or remove the item.
   6. If an item is removed from your Order, you are not charged for it, and the amount we authorized against your payment method is adjusted downward.
   7. A replacement may cost more or less than the item it replaces. If it costs less, you pay the lower amount. If it costs more, you authorize the Store to charge the difference to your payment method, up to a per-Order limit the Store sets. A difference of this kind is never charged to EBT benefits.
7. PRICES, FEES, TAXES, AND TIPS.
   1. All amounts are in U.S. dollars. Before you confirm an Order, the Website itemizes what you will owe. Depending on the Store and the service you chose, that total may include:
      1. the price of each item, including any modifiers or options you selected;
      2. a delivery fee, which may include the Store's costs of offering delivery through the Platform, and which may vary by distance, Order size, or time of day;
      3. a small basket fee, where the Store charges one on Orders below a threshold;
      4. service or convenience fees disclosed at checkout;
      5. bottle, container, or bag deposits and fees required by state or local law;
      6. sales and excise taxes; and
      7. a tip, if you choose to leave one.
   2. Bottle and container deposits are set by law, not by us, and are generally refundable only by returning the container as your state's program provides. We do not administer deposit returns.
   3. Taxes are calculated from the tax settings and product tax categories the Store maintains, applied to your delivery or pickup location. Where a delivery fee is taxable in your jurisdiction, tax is applied to it as well.
   4. Tips are voluntary unless the Store has set a minimum tip for the service you chose, in which case the minimum is shown at checkout. The Website may suggest a default tip percentage, which you can change or remove before you submit the Order. A tip is paid to the Store, or to the delivery provider as the Store directs. The amount remitted may be reduced by Vroom's platform fee and by payment-processing fees.
   5. Fees and tips are for the service of getting your Order to you. They are not a payment for the goods themselves, and they may not be refundable when goods are.
8. PAYMENT.
   1. Depending on the Store, accepted payment methods may include credit and debit cards, Apple Pay and Google Pay, a linked bank account, EBT (SNAP food benefits and EBT Cash) where the Store is an authorized retailer, and cash on delivery or at pickup where the Store accepts it. Available methods are shown at checkout.
   2. By submitting an Order you authorize us, as the Store's agent, to charge your selected payment method for the Order total, including any adjustment described in these Terms.
   3. We may place a temporary authorization hold on your payment method when you submit an Order. The final amount captured may be lower than the hold, for example when an item is removed or a replacement costs less. It may be higher where you have authorized a replacement that costs more, as described above under “PRODUCT INFORMATION, AVAILABILITY, AND SUBSTITUTIONS”. Your bank decides how quickly a hold that is not captured is released.
   4. You represent that you are authorized to use the payment method you select, and that the billing information you give us is accurate.
   5. If your payment method is declined, expires, or cannot be captured, the Store or Vroom may cancel the Order, and may require a different payment method before accepting further Orders.
   6. EBT. Where a Store accepts EBT:
      1. SNAP food benefits may be used only for items that are SNAP-eligible under federal rules. Ineligible items, and, as federal rules require, delivery fees, service fees, other fees, taxes, and tips, cannot be paid with SNAP benefits.
      2. You must be signed in to use EBT, and you will need a second payment method to cover any part of the Order that SNAP benefits cannot pay.
      3. Balances and remaining amounts shown after an EBT transaction come from the benefits processor. They are informational and are not a statement of your account by us.
      4. An EBT refund is returned to the EBT card that was charged. It is not paid out in cash or to another payment method.
   7. Cash. Where a Store accepts cash, payment is due in full at delivery or pickup. A Driver may not be able to make change for large bills, and may decline to complete a delivery if payment is not available.
   8. If you believe a charge is wrong, contact us at HELP@VROOMDELIVERY.COM before disputing it with your bank. A dispute filed on an Order you received and kept may result in suspension of your Account.
9. PROMOTIONS, LOYALTY, GIFT CARDS, AND CREDITS.
   1. Promotional codes and offers are void where prohibited, have no cash value, are not transferable, and may be limited by Store, product, category, Order minimum, delivery area, date, or number of uses. Unless the offer says otherwise, a code is for one use by one Account.
   2. Only one promotional code may be applied per Order unless the offer states that it can be combined.
   3. We may decline, revoke, or claw back a promotion, and may suspend an Account, where we reasonably believe a code was obtained or used through duplicate accounts, false information, resale, automation, or other abuse.
   4. Loyalty and rewards programs shown on the Website are operated by the Store or by the Store's loyalty provider, not by Vroom. Enrollment, eligibility, point balances, banked rewards, offer terms, and expiration are governed by that program's rules, and we surface its results without controlling them. A loyalty identifier you enter may need to be verified before rewards can be applied.
   5. Gift cards, where offered, are subject to the terms presented when they are purchased or shown on the card. Except where law requires otherwise, they are not redeemable for cash and are not replaced if lost or stolen.
   6. Account credit we issue to resolve an Order issue applies to future Orders, may be limited to the Store that the issue arose at, has no cash value, and may expire.
10. AGE-RESTRICTED PRODUCTS (ALCOHOL, TOBACCO, AND NICOTINE).
    1. When making any purchase of Age-Restricted Products, including but not limited to alcohol and tobacco, you must confirm that you are of legal age to purchase those goods under the laws of your state, county, and city. A Store has the right to refuse delivery or release of those goods if you are unable to provide proper government-issued identification.
    2. By ordering Age-Restricted Products you represent that you are at least 21 years old, that you are buying for yourself, and that you will not provide them to anyone under 21 or resell them.
    3. Alcohol Disclosure.
       1. The purchaser is at least 21 years of age and must present a valid government-issued ID upon delivery that matches the name of the purchaser. Using a false ID, signing a false name, or attempting to purchase alcohol underage is a criminal offense.
       2. Any person delivering alcohol must hold a valid, approved government permit if the state requires one.
    4. Tobacco Disclosure.
       1. The purchaser is at least 21 years of age and must present a valid government-issued ID upon delivery that matches the name of the purchaser. Using a false ID, signing a false name, or attempting to purchase tobacco underage is a criminal offense.
       2. The excise tax due on the cigarettes has been paid by the purchase of a tax stamp for each cigarette package, and a tax stamp has been affixed to each package sold.
    5. Identification is required every time. Age is verified at the moment the goods change hands, on every Order, regardless of your age, your Account history, or how many times you have ordered before. The ID must be valid, unexpired, government-issued, and in the name of the purchaser. Where the law requires it, the ID may be scanned or its details recorded as part of the sale record.
    6. Delivery or release of Age-Restricted Products will be refused, and the Order canceled, if no one at least 21 years old is present, if valid identification is not produced, if the name on the identification does not match the purchaser, if the recipient appears intoxicated, or if completing the sale would be unlawful for any other reason. Refusal is at the sole discretion of the Store and the Driver.
    7. Age-Restricted Products can never be left unattended. They cannot be left at a door, with a neighbor, in a lobby, or in a vehicle, and contactless delivery is not available for them.
    8. A refused or undeliverable Age-Restricted Product is returned to the Store. Fees, including delivery fees and the fee described below under “DELIVERY AND PICKUP”, may still be charged, and the goods themselves are refunded only as the Store's policy and applicable law allow.
    9. State and local law may limit how much alcohol can be delivered, at what times, on which days, and to which addresses, and may prohibit delivery entirely in some areas. Where a limit applies to your cart, the Website shows a notice at the time you add the item or at checkout, and may link to the applicable state rules. Where the law and these Terms conflict, the law controls.
    10. Some Stores require Age-Restricted Products bought for pickup to be collected inside the Store rather than curbside.
    11. The identification and hand-off rules in this section apply to delivery and pickup. Age-Restricted Products are shipped only where shipping them is lawful and only on carrier terms that require an adult signature on delivery.
11. DELIVERY AND PICKUP.
    1. You are responsible for giving a complete and accurate delivery address and a phone number where you can be reached, and for being available to receive the Order during the delivery window.
    2. Delivery windows and preparation times are estimates. Traffic, weather, Order volume, staffing, and building access affect them.
    3. If you are not home when the Driver arrives, if you provide an incorrect address when placing an Order, or if you are not of legal age to receive the Order, you may be charged a fee of up to $5 to cover the cost of the Driver, and the Order may be canceled and the goods returned to the Store.
    4. Where a Store offers leave-at-door or contactless delivery, and the Order contains no Age-Restricted Products, you accept the risk of loss, theft, or spoilage once the Order is left at the location you specified.
    5. A Store may be unable to deliver to certain locations, including addresses outside its delivery area, P.O. boxes, some campuses, hospitals, hotels, secured buildings without access, and locations a Driver reasonably judges to be unsafe.
    6. For pickup Orders, collect the Order within the pickup window the Store gives you, and bring valid identification if the Order contains Age-Restricted Products. A Store may return unclaimed items to inventory and may cancel an Order that is not collected.
    7. Kiosk Orders are placed and paid for inside the Store and are subject to the same Terms.
    8. Title to and risk of loss for the goods pass to you when the Order is delivered to you, left at the location you specified, or handed to you at pickup.
12. CANCELLATIONS, REFUNDS, AND ORDER ISSUES.
    1. You may cancel an Order without charge until the Store begins preparing it. After that, cancellation is at the Store's discretion, and you may be charged for goods already picked, prepared, or dispatched.
    2. The Store or Vroom may cancel an Order, in whole or in part, when items are out of stock, when the Store has closed or cannot fulfill it, when the delivery address cannot be served, when age verification fails, when conditions are unsafe for the Driver, when we suspect fraud or misuse, or when completing the Order would be unlawful.
    3. Refunds are returned to the payment method that was charged. EBT refunds are returned to the EBT card. How quickly a refund appears is determined by your bank or benefits processor, not by us.
    4. If something is wrong with your Order, tell us promptly, and in any event within 7 days of delivery or pickup, at HELP@VROOMDELIVERY.COM. Include your order number and, where the issue is a damaged, spoiled, or incorrect item, a photograph. We may ask the Store to investigate and may need to review your Order history. Reports made after that window may not be eligible for a refund, credit, or replacement.
    5. Where a report is substantiated, the remedy is a refund, an account credit, or a replacement, chosen by the Store or by us. That is your exclusive remedy from Vroom for an Order issue. Nothing in this section limits any claim you may have against the Store under applicable law, or any right that cannot be waived.
    6. Except where law requires otherwise, alcohol, tobacco and nicotine products, prescription and behind-the-counter items, prepared food, and opened or temperature-sensitive goods cannot be returned.
    7. Repeated refund requests that we reasonably believe to be unsubstantiated may result in suspension of your Account.
13. ORDER COMMUNICATIONS AND ELECTRONIC RECORDS.
    1. When you place an Order, you agree that we, the Store, and the delivery provider may contact you about that Order by email, text message, push notification, or phone, including automated messages, at the contact details you gave us. These are transactional messages and are part of the service.
    2. Message and data rates may apply. You can stop order-related text messages by replying STOP, but doing so means you will not receive delivery updates by text.
    3. Marketing messages are separate from messages about an Order. You can opt out of marketing at any time: every marketing email and text includes a way to unsubscribe, and you can also write to us at HELP@VROOMDELIVERY.COM. Unsubscribing from marketing does not stop transactional messages about an Order you have placed.
    4. You consent to receive these Terms, the Privacy Policy, receipts, and other notices in electronic form, and you agree that your electronic actions on the Website, including placing an Order and checking an acceptance box, have the same effect as a handwritten signature.
14. ACCEPTABLE USE.
    1. You agree not to:
       1. give false, misleading, or stolen identity, address, or payment information;
       2. use a payment method, EBT card, or loyalty account you are not authorized to use;
       3. order Age-Restricted Products for a person under the legal age, or attempt to defeat, misrepresent, or evade age or identity verification;
       4. buy through the Website for resale, or in quantities inconsistent with personal, household, or ordinary business use;
       5. create duplicate or automated accounts, or abuse promotions, referrals, loyalty programs, or refunds;
       6. scrape, crawl, harvest, index, or copy the Website, its catalog, or its pricing, or use any automated means to access it, other than a search engine following our published rules;
       7. reverse engineer, decompile, probe, or interfere with the Website or the Platform, or attempt to gain unauthorized access to any part of it or to another user's Account;
       8. upload malicious code or use the Website in a way that impairs it for others; or
       9. harass, threaten, defraud, discriminate against, or endanger a Driver, a Store's staff, or our staff.
    2. We may investigate suspected violations and may suspend or terminate your access to the Website, cancel pending Orders, and refuse future Orders, with or without notice.
15. REVIEWS, RATINGS, AND OTHER CONTENT YOU SUBMIT.
    1. You are responsible for anything you submit through the Website, including reviews, ratings, photographs, delivery instructions, and support messages. Do not submit content that is unlawful, defamatory, obscene, discriminatory, deceptive, infringing, or that discloses another person's private information.
    2. By submitting content, you grant Vroom and the relevant Store a non-exclusive, worldwide, royalty-free, sublicensable, perpetual license to use, reproduce, adapt, publish, display, and distribute it in connection with the Website and the Store's business.
    3. We may screen, decline to publish, edit for length or formatting, or remove content, but we are under no obligation to review it, and we do not endorse it.
    4. Suggestions and feedback you send us are not confidential, and we may use them without obligation or compensation to you.
16. INTELLECTUAL PROPERTY AND LICENSE TO USE THE WEBSITE.
    1. The Website and the Platform, including their software, design, text, graphics, and arrangement, and the Vroom name and logos, are owned by Vroom or its licensors and are protected by intellectual property law.
    2. Store names, logos, product images, and brand names belong to the Stores and to the brand owners, and appear on the Website with their permission or as permitted by law.
    3. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for your own personal, non-commercial purpose of browsing and ordering. All other rights are reserved. You may not frame, mirror, resell, or commercially exploit any part of the Website.
17. THIRD-PARTY SERVICES AND LINKS.
    1. The Website relies on third parties, including payment processors, EBT benefits processors, delivery providers, loyalty providers, mapping and messaging services, and analytics and fraud-prevention vendors. Your use of a service that requires you to accept that provider's own terms is governed by those terms as well as these.
    2. The Website may link to sites we do not control. We are not responsible for their content, products, or practices, and a link is not an endorsement.
18. DISCLAIMER OF WARRANTIES.
    1. THE WEBSITE AND THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
    2. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PRODUCT INFORMATION, PRICING, INVENTORY, TAX CALCULATIONS, OR DELIVERY ESTIMATES SHOWN ON THE WEBSITE ARE ACCURATE, COMPLETE, OR CURRENT.
    3. WE DO NOT MANUFACTURE OR SELL THE GOODS YOU ORDER, AND WE MAKE NO WARRANTY ABOUT THEM. ANY WARRANTY ON THE GOODS IS THE STORE'S OR THE MANUFACTURER'S.
    4. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS ANY RIGHT YOU HAVE UNDER CONSUMER PROTECTION LAW THAT CANNOT BE WAIVED.
19. LIMITATION OF LIABILITY.

    IN NO EVENT SHALL VROOM DELIVERY, INC. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF VROOM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. VROOM ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE. VROOM ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE WEBSITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS WEBSITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL VROOM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO VROOM OR TO A STORE, IF ANY, FOR THE ORDER GIVING RISE TO THE CLAIM, OR (B) $100 (WHICHEVER IS LESS).

    VROOM IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF A STORE, A DRIVER, OR A THIRD-PARTY DELIVERY PROVIDER, OR FOR THE CONDITION, QUALITY, SAFETY, OR LEGALITY OF THE GOODS A STORE SELLS YOU.

    YOU AND VROOM AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND VROOM AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.

    NOTWITHSTANDING ANY CONTRARY PROVISIONS ABOVE, VROOM AGREES TO (A) ACCEPT RESPONSIBILITY FOR ANY MONETARY LOSS OR OTHER DAMAGE TO EBT CUSTOMERS THAT RESULTS FROM EMPLOYEE OR SUBCONTRACTOR FRAUD, OR EXTERNAL HACKING RESULTING FROM FAILURE TO ADEQUATELY SECURE THE WEBSITE AND DATABASES UNDER THE CONTROL OF VROOM OR ANY SUBCONTRACTOR, AND (B) REPLACE ALL SNAP BENEFITS THAT ARE STOLEN AS A RESULT OF SUCH BREACHES.

    NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    IF YOU ARE DISSATISFIED WITH THE WEBSITE OR DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

20. INDEMNIFICATION.
    1. You agree to defend, indemnify, and hold harmless Vroom Delivery, Inc., its officers, directors, employees, and agents from any claim, demand, loss, liability, or expense, including reasonable attorneys' fees, arising out of or related to your breach of these Terms, your misuse of the Website, your submission of false or unauthorized identity or payment information, your violation of any law governing Age-Restricted Products, or your infringement of the rights of any third party.
21. GOVERNING LAW AND VENUE.
    1. These Terms and any dispute arising out of them or out of your use of the Website are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except where the law of your state of residence gives you consumer rights that cannot be waived by agreement.
    2. You and Vroom agree that the state and federal courts located in the State of Delaware have exclusive jurisdiction over any such dispute, and each of us consents to personal jurisdiction and venue there. This does not prevent either of us from bringing an individual claim in a small-claims court that has jurisdiction.
    3. Nothing in this section limits the rights of a Store or a delivery provider, or your ability to pursue a claim against a Store directly, under whatever agreement or law applies to that claim.
22. TERMINATION.
    1. You may stop using the Website at any time, and may ask us to close your Account as described above.
    2. We may suspend or terminate your access to the Website, with or without notice, if you breach these Terms, if we suspect fraud or unlawful use, or if we discontinue the service.
    3. Termination does not affect an Order already accepted, any payment you owe, or any provision of these Terms that by its nature should survive, including the sections on limitation of liability, indemnification, governing law, and intellectual property.
23. GENERAL.
    1. Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented to you for a specific offer or feature, are the entire agreement between you and Vroom regarding your use of the Website, and supersede any prior version. Separate license terms presented with our mobile applications in an app store govern the app software itself; these Terms govern ordering through them.
    2. Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest of these Terms remain in force.
    3. No waiver. Our failure to enforce a provision is not a waiver of it.
    4. Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
    5. Force majeure. Neither we nor a Store is liable for a delay or failure caused by events beyond reasonable control, including severe weather, natural disaster, labor action, utility or network outage, civil unrest, or government action.
    6. No third-party beneficiaries. Except as expressly stated, these Terms create no rights in anyone other than you and Vroom.
    7. Headings. Section headings are for convenience only and do not affect interpretation.
    8. Notices. We may give you notice by email to the address on your Account, by a message in the Website, or by posting on the Website. You may give us notice at HELP@VROOMDELIVERY.COM.
24. CHANGES TO THESE TERMS.
    1. We reserve the right to change these Terms. It is our policy to post any changes we make on this page. Check the revision date at the top of this page to see whether it differs from the date of the version you reviewed and accepted. If we make material changes, we will notify you through a notice on the Website or by sending an email to the address you have provided to us. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting this page to check for changes. Changes do not apply retroactively to an Order already placed.
25. CONTACT INFORMATION. We want to hear from you if you have questions about these Terms or about an Order. Please contact us at HELP@VROOMDELIVERY.COM. For questions about how we handle your personal information, see our Privacy Policy or write to PRIVACY@VROOMDELIVERY.COM.