Food52 Inc. (“Food52,” “we,” “us,” or “our”) welcomes you. We provide you access to our services through our website located at www.Food52.com (the “Website”) or through our mobile application (together with the Website, the “Platform”) subject to these Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas, or by accessing and using the Platform, you acknowledge (i) that you are at least 21 years of age and (ii) that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then you are not permitted to use the Platform.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. DESCRIPTION AND USE OF OUR PLATFORM

We provide Visitors and Registered Users with access to the Platform as described below.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Platform. No login is required for Visitors. Visitors can: (i) view all content and access all publicly-available features and functionality on the Platform; (ii) purchase Products (as defined below); (iii) subscribe to Food52 communications, alerts and other notifications; and (iv)e-mail us.

Registered Users. Registered Users can do all the things that Visitors can do, and: (i) access non-public features and functionality available only to Registered Users; (ii) create, access, manage, and update their own personal accounts on the Platform; (iii) post comments and other content on the Platform and/or interact with other Registered Users of the Platform (all content and information provided in connection with the foregoing is collectively referred to herein as “Registered User Content”; (iv) sign up for our various programs; and (v) become part of the Food52 community.

Food52 is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Food52 may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

2. COMMUNITY GUIDELINES

Food52’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Platform, you agree to comply with the following community guidelines (the “Community Guidelines”):

• You will comply with all applicable laws in your use of the Platform and will not use the Platform for any unlawful purpose;
• You will not upload, post, e-mail, transmit, or otherwise make available any Registered User Content that:
  • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
  • constitutes promotion or advertising of any third-party website, product or service; or
  • is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
  • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
• You will not “stalk,” threaten, or otherwise harass another person;
• You will not access or use the Platform to collect any market research for a competing business;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Platform;
• You will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
• You will let us know about inappropriate Registered User Content of which you become aware.
• You will comply with any additional codes of conduct that may be found here.

We have the right, but not the obligation, to review and reject or remove content that, in our sole discretion, does not adhere to these Community Guidelines. We also reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or to any portion of the Platform, without notice.

3. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS

If you are a Registered User and do not log into the Platform using a third-party login provider (e.g., Facebook), you will be prompted to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Our collection and use of your personal information is governed by our Privacy Policy

4. RETAIL PURCHASES

You can make retail purchases of third-party goods (“Products”) through the Platform. Products may include Food52-branded products. ALL PRODUCTS, EVEN FOOD52-BRANDED PRODUCTS, ARE MANUFACTURED BY OR ON BEHALF OF THIRD PARTY SUPPLIERS, AND NOT BY OR ON BEHALF OF FOOD52; THEREFORE, FOOD52 HAS NO CONTROL OVER THE QUALITY, SAFETY, LEGALITY OR EFFICACY OF ANY PRODUCT AND ASSUMES NO LIABILITY WITH RESPECT TO ANY PRODUCT.

If you purchase any Products, the following terms and conditions apply:

As consideration for any purchase you make on the Platform, you shall pay Food52 all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All payments will be charged and made in U.S. dollars.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Food52 to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

As a shop made up of independent makers across the globe, we aren't currently able to accept returns, except for damaged items. Food, gift cards, vintage, and monogrammed pieces are not eligible for returns—unless, of course, someone monogrammed the wrong letter on your tea towel. Thankfully, this has only happened once.

If you'd like to contact us regarding your order, please email [email protected] within 15 days of receiving your order. Please note if an item is accepted for return, refunds will be provided in the form of Food52 Shop credit, minus the cost of return shipping, and some items may be subject to a restocking fee. Thank you—from both Food52 and our makers worldwide—for your understanding.

If you receive a damaged item, please contact us within 30 days of receiving your order at [email protected] with your name, order number and photos of the damage—we’ll straighten this out right away!

We offer $9 flat rate shipping within the contiguous US. A rate of $30 applies to orders shipping to Alaska or Hawaii. The majority of our products are shipped via UPS Ground, although a select few ship via USPS. Please note: We are currently unable to send packages to P.O. Boxes.

If you need something quickly, many of our products are also eligible for express shipping for an additional charge. You can see if your product has this service available by clicking “Shipping options & delivery estimate” on the product page.

If something is particularly heavy, bulky, comes in an especially cumbersome package, is perishable, or ships from another country, we’ll note an extra surcharge on the product page and at checkout.

We currently ship within the U.S., to all 50 states. We hope to offer international shipping sometime in the future!

On each product’s page you’ll see a shipping icon with “Shipping options & delivery estimate” which will detail our estimate for how long it will take the product to leave our merchant’s location. Most of the products in our shop ship UPS Ground and you’ll receive an email with tracking information within an hour of shipment. Once a package is on its way to you via standard shipping, it will arrive within 1 to 5 business days.

5. INTELLECTUAL PROPERTY

The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of Food52 (collectively referred to as the “Content”). For avoidance of doubt, Content does not include your Registered User Content, but the Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Food52 (the “Food52 Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of Food52. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Food52 Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Food52 Trademarks inures to our benefit.

Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

6. REGISTERED USER CONTENT; LICENSES

As noted above, the Platform provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Platform, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT FOOD52, ARE ENTIRELY RESPONSIBLE FOR ALL REGISTERED USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM.

You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license, but not the obligation, to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Platform, Food52, and our products and services, which may include off-line print materials, such as cookbooks.

If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Food52 that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant to Food52 the license to the Registered User Content as set forth above, and that it and its use by Food52 and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

7. COMMUNICATIONS WITH US

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

8. NO WARRANTIES; LIMITATION OF LIABILITY

THE PLATFORM, THE PRODUCTS AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE PLATFORM WILL OPERATE ERROR-FREE, THAT THE PLATFORM, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT THE PRODUCTS ARE FREE OF DEFECTS OR MALFUNCTIONS.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM, THE CONTENT OR ANY PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE PLATFORM OR CONTENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM; AND (III) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF ANY PRODUCT SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH THE APPLICABLE ORDER GIVING RISE TO THE CLAIM.

THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. THE PLATFORM MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AT ANY TIME WITHOUT NOTICE.

9. EXTERNAL SITES

The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We have no control over the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any Registered User Content that you provide, or your misuse of the Content or the Platform. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

11. COMPLIANCE WITH APPLICABLE LAWS

The Platform is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access or use the Platform, the Content, or the Products from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

12. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.

13. DIGITAL MILLENNIUM COPYRIGHT ACT

Food52 respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Copyright Agent
Food52 Inc.
1 Dock 72 Way
13th Floor
Brooklyn, NY 11205
Karen Levi
Director of Operations & Executive Assistant
[email protected]

If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

14. BINDING ARBITRATION

In the event of a dispute arising under or relating to these Terms of Use, the Website, the Content, or the Platform (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in New York, New York may enforce the arbitrator’s award. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in New York, New York. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.

15. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. MISCELLANEOUS

This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. The following provisions will survive any expiration or termination of this Agreement: “Retail Purchases,” “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

ELIGIBILITY: Food52’s The Table ("Program") is open to legal U.S. residents, who are 18 or older. By participating, participants agree (i) to these Terms of Participation and Food52’s Terms of Service and Privacy Policy (incorporated herein by reference) and (ii) to the decisions of Food52 Inc. (“FOOD52”), which are final and binding in all respects.

HOW TO ENROLL: Enrollment is free. Limit one (1) account per person. Multiple accounts for any person and accounts generated by script, macro or other automated means will be void.

HOW TO EARN POINTS: The ways in which participants can earn points will vary from time to time and will be set forth on the Site, and may include, but not be limited to, account creation, purchases made on the Site, following Food52’s social accounts, submitting a recipe, and adding your birthday (collectively, “Eligible Activities”).

Eligible Activities must be completed via the Site in order to be eligible to earn points. For example, if you visit Food52’s YouTube account via the YouTube app and select “follow,” you will not earn points. You must follow Food52’s YouTube account via the module provided for doing so on the Site.

The Eligible Activities and number of points to be earned via any Eligible Activity will also be set forth on the Site at food52.com/rewards (“Program Overview”) (incorporated herein by reference), as such Program Overview may be amended from time to time throughout the duration of the Program. There may be a limitation on how many times you can earn points for an Eligible Activity. For example, if you receive points for following Food52 on Instagram, you cannot unfollow Food52 then follow again to receive additional points. Any such limitations will be included as part of the Program Overview.

Points earned in connection with spend on the Site will be awarded following the conclusion of the Site’s return window.

From time to time, FOOD52 may offer the opportunity to earn additional points or the number of points a participant can earn in connection with a certain Eligible Activity may be increased for a limited period of time. The promotional materials may identify additional qualifying events, exclusions, and restrictions. Generally, participants will be notified of any such promotions via email and these promotions are subject to these Terms of Participation.

FOOD52 reserves the right to add, modify and/or discontinue an Eligible Activity and/or modify the number of points associated with any Eligible Activity at any time and for any reason and/or to modify the Loyalty Tiers (as defined below) or benefits offered under any Loyalty Tier. Notice of any such changes may be given either by posting a notice on the Site or via email and/or through updates to the Program Overview. FOOD52’s decisions with respect to the number of points accumulated are final and binding.

Points will be deposited to participant’s account on the Site. Participant’s point deposit and new balance will be accessible .

LOYALTY LEVELS: The Program consists of three (3) loyalty levels (each, a “Loyalty Tier”). Participants advance based on their point earned while participating in the Program. Each Loyalty Tier will offer different benefits.

The Loyalty Tiers, the point totals necessary to reach each Loyalty Tier, and their benefits/rewards will be set forth in the Program Overview (incorporated herein by reference).

Loyalty Tier benefits are only available to the participant during the period the participant is at that Loyalty Tier.

POINT CONDITIONS/EXPIRATION:

• Points have no cash value and cannot be transferred, traded, refunded or cashed out.
• Points have no value outside of the Program.
• If FOOD52 determines a participant has violated these Terms of Participation, FOOD52 may deduct the points associated with such violation from a participant’s point balance and/or terminate the participant’s account and void all of their accrued points.
• For the avoidance of doubt, if FOOD52 cancels participant’s account and/or participant’s account is suspended for whatever reason, including, but not limited to, a violation of these Terms of Participation or any other terms or policies associated with the Site accepted by the participant, participant will forfeit any unredeemed points.

BENEFITS AND REWARDS: Any material terms associated with the use or redemption of any benefit or reward will be included in the benefit or reward description (and are incorporated herein by reference).

Discounts cannot be stacked. Loyalty Tier discounts (if any) will be automatically applied at checkout. If applicable, if participant inputs a code at checkout, that code will be applied in lieu of the Loyalty Tier discount. Unless otherwise stated, benefits and rewards have no cash value and cannot be transferred, traded, substituted, or refunded. Rewards cannot be returned once redeemed. FOOD52 reserves the right to substitute a benefit or reward of comparable or greater value, at its sole discretion. Participants are responsible for all federal, state, and local taxes, if any, as well as accepts responsibility for any tax implications that may arise from the rewards or the use thereof. Any tax filing obligation or any tax payment due to any authority as a result of receipt of the rewards remain the sole responsibility of the participant. It is the responsibility of each participant to seek independent advice on the possible implications this may have on his/her own financial situation. All benefit and reward details are at FOOD52’s discretion.

GENERAL CONDITIONS: Program is not valid with in combination any other programs offered by FOOD52. By participating in the Program, you agree (i) to release, discharge, indemnify and hold harmless FOOD52, its parent, subsidiaries, affiliates, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, “Released Parties”) from any liability or damages which may arise out of participation in the Program or out of the acceptance, use, misuse or possession of any Reward or products attained through this Program. All applicable federal, state and local laws and regulations apply.

Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected points, reward requests, rewards, benefits, emails, or other communications of any kind; or for other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network. human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Program, the tabulating of points, the announcement of the benefits or reward, or in any Program-related materials. Persons found tampering with or abusing any aspect of this Program, who are acting in a disruptive or unsportsmanlike manner or who are otherwise not in compliance with these terms as solely determined by FOOD52 will be disqualified and all points will be void. Released Parties are not responsible for injury or damage to participants' or to any other person's computer or other device related to or resulting from participating in this Program or downloading materials from or use of the Site.

FOOD52 reserves the right at any time to modify, suspend or cancel Program at any time. Any changes FOOD52 makes will be effective immediately on notice, which it may give either by posting the new terms on the site or via e-mail. Your participation in the Program after such notice will be deemed acceptance of such changes. You should review these Terms and Conditions periodically to ensure familiarity with the most current version. You will always be able to tell when the version was last updated by checking the "Last Revised" date at the top of these Terms and Conditions. All questions or disputes regarding the Program, including without limitation, those involving eligibility, participation, fraud and abuse will be resolved by FOOD52.

Your participation in the Program constitutes permission for FOOD52 and its designees to use your name, biographical information, image, likeness and/or statements about the Program for advertising, trade, promotional and other purposes in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law.

Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant and FOOD52 in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

PERSONAL INFORMATION: Your personal information collected in connection with this Program will be used in accordance with FOOD52’s Privacy Policy, available at food52.com/p/privacy.

QUESTIONS? Should you have any questions about the Program, please email [email protected].

The Program is offered by Food52 Inc., 1 Dock 72 Way 13th Floor Brooklyn, NY 11205.

Copyright 2023 Food52 Inc. All rights reserved.