ENROLLMENT AND ELIGIBILITY

• Participation in Food Service Rewards® ("the Coalition Loyalty Program" or "Food Service Rewards®") is subject to these terms and conditions ("Terms and Conditions") and is limited to foodservice operators including: business and industry, education, healthcare, restaurant & bar, retail hosts, travel and leisure, and all other foodservice operators (the above operators shall be individually referred to as a "Operator" or collectively as "Operators")
• Enrollment is limited to foodservice operators located in the U.S. and U.S. territories only
• There is no enrollment fee. No purchase is necessary to enroll in the Coalition Loyalty Program
• Only enrolled Operators are eligible to earn Points in the Coalition Loyalty Program
• Any individual enrolling in Food Service Rewards®, represents and warrants to Food Service Rewards® that (a) the individual is authorized on behalf of Operator to enroll the Operator establishment in ®; (b) Operator has disclosed Operator's participation and receipt of rewards to Operator's employer and received consent from the individual's employer to participate and agree to these Terms of Service; and (c) Operator's participation in Food Service Rewards® does not conflict with any contractual restrictions or obligations of the individual or Operator to any other party
• Food Service Rewards® utilizes non-monetary points to determine earnings for rewards redemption options ("Points"). Points have no cash value. Operators earn points from participating foodservice manufacturers, distributors and service providers (individually "a Sponsor" or collectively "Sponsor(s)"
• Operators accumulating Points for the purchase of Sponsors' products represent and warrant that products purchased will not be reimbursed in whole or in part by a federal health care program. A "federal health care program" is defined as any program providing health care benefits funded, in whole or in part, by the United States or any state where the state is using some federal funds (e.g. Medicaid)
• Changes in Operator's account information must be communicated to Food Service Rewards® Administration via the Food Service Rewards® web site
• Operators may cancel their account at any time by contacting Food Service Rewards® Administration
• When an Operator enrolls in Food Service Rewards®, an Operator completes an enrollment profile

POINT ACCUMULATION

• Operators earn Points from purchases of Sponsors' eligible products through the Food Service Rewards®' web site by automatically having their account and purchase data uploaded from each of their participating distributors
• Each Operator expressly authorizes all of Operator's foodservice distributors to release the Operator's account and purchase history transactions with each distributor including product purchase pricing and product level data (collectively "Operator Purchase Information") to Food Service Rewards®. Operator acknowledges that Operator Purchase Information disclosed to Food Service Rewards® may contain confidential information of Operator. In consideration of Operator agreeing to automatic point deposits by providing their distributor account numbers, Operator hereby agrees to waive, release and hold all distributors harmless from any and all claims, causes of action, liability or demands of any kind whatsoever relating to or arising from distributor's release and Food Service Rewards®' use of Operator Purchase Information
• Each Food Service Rewards® Sponsor reserves the right to determine which such Sponsor's products are eligible to earn Points in Food Service Rewards®
• Food Service Rewards® and/or, as applicable, Sponsors reserve the right to determine the number of Points awarded for each of its eligible products and have the right to change point values at any time. For more details on point values for eligible products, visit http://www.foodservicerewards.com/
• Operators will not be allowed to transfer Points between accounts or to other Operators
• Bonus Points may be offered based upon criteria established by Food Service Rewards® and its' Sponsors

COMMUNICATION OF REWARDS SELECTION

• Operators may view reward descriptions, images and point values for the complete rewards selection at the Food Service Rewards®' web site
• Operators must have sufficient Points in their Coalition Loyalty Program accounts to cover a reward's Point value before redeeming. Only Points issued in conjunction with the Coalition Loyalty Program may be redeemed for rewards. Operators may not supplement Points used for reward redemption with cash, check or credit card payments
• Rewards may be added, deleted or substituted at any time at the sole discretion of Food Service Rewards® Administration. Food Service Rewards® may, without prior notification, substitute a replacement reward offering of the same type or character if the replacement reward offering is of equal or greater value

REWARD REDEMPTION

• Operators' email address, delivery address, and password are needed to redeem Points for rewards
• Operators may only redeem Points for rewards at the Food Service Rewards® web site
• When a reward is ordered, an Operator’s account will be debited by the number of Points listed in the most recent online Coalition Loyalty Program rewards catalog or other Coalition Loyalty Program communication
• Operators should keep their email address and password private to prevent unauthorized redemptions
• Rewards will be shipped to street addresses only and cannot be shipped to P.O. boxes
• Accidental typographical errors sometimes occur in merchandise descriptions and product values. In this event, we reserve the right to notify you of the correct description or value before merchandise is shipped

REWARD DELIVERY

• Sales tax, shipping and handling are included in the point price for each reward offering. Multiple items ordered at the same time may be shipped separately
• Operators should contact Food Service Rewards® Administration by email if a reward has not been received by the anticipated delivery date
• In the event of a lost reward, a Verification of Non-Receipt of Lost Items will be sent to the Operator. This form must be completed, signed, and received by Food Service Rewards® Administration prior to reward re-issuance
• Refunds for returned merchandise will be given in Points only. No cash or credit card refunds

REWARD RETURN

• Satisfaction is guaranteed on all rewards. Operators may return or exchange rewards for any reason within 30 days. Merchandise returned in accordance with this provision will be credited to Operator's account in point value only

TAXATION AND REWARDS

• Sales tax is included in all reward point values
• The reporting and payment of state, federal and local taxes are the sole responsibility of each Operator and each Operator agrees to hold the Food Service Rewards® Coalition Loyalty Program administrator harmless therefrom
• The Operator warrants that it is not subject to backup withholding due to failure to report interest and dividend income, and the Operator is either a U.S. citizen or legal resident of the U.S.

INSTRUCTIONS FOR RECEIVING SHIPMENT

• Please be sure the number of cartons received agrees with the freight bill. If there is a shortage, have the driver note "shortage" on the freight bill. Notify Food Service Rewards® Administration immediately
• Examine carton(s) carefully. If there are any visible signs of damage, refuse item(s) and notify Food Service Rewards® Administration immediately
• If damage is found after the driver leaves call the delivering carrier within 48 hours for an inspection. Confirm the request in writing to the delivering carrier
• Leave the merchandise in the original carton(s) with all packing intact
• Get a copy of the inspection report from the carrier and mail to Food Service Rewards® Administration
• Operators will be advised of the disposition of the merchandise
• If the order is not correct, or is not satisfactory in any way, please notify Food Service Rewards® Administration

WEB SITE USAGE

• The terms of this agreement apply to each individual or Operator who uses or accesses the Food Service Rewards® web site (the "web site"). If an Operator does not agree to these terms, Operator should not use this web site
• By accessing the Food Service Rewards® web site, Operators agree not to upload, post email or otherwise send or transmit any material that contains software viruses or any other company code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Operators also agree not to interfere with the servers or networks connected to the web site or to violate any of the Terms and Conditions, procedures, policies or regulations of networks connected to the web site, the terms of which are incorporated herein by reference. Food Service Rewards® and its Sponsors assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect an Operator’s computer equipment or other property due to the Operator's access, browsing on, or use of, the web site or the Operator's downloading of any materials, data, text, images, video or audio from the web site
• Food Service Rewards® uses reasonable efforts to include accurate and up-to-date information on the web site; however, Food Service Rewards® and its Sponsors make no warranties or representations as to the accuracy of this information
• Food Service Rewards® does not control the sites that may be linked to the Coalition Loyalty Program web site and is not responsible for the content or privacy policies of any off-site pages or links to any other sites. Viewing all other sites is at Operator’s own risk
• All trademarks, logos and service marks displayed on the Food Service Rewards® web site are registered and unregistered Trademarks of Food Service Rewards®, its Sponsors and/or third parties who have authorized their use (collectively the "Trademarks"). Operators may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Trademarks in any way. The use of the above-mentioned trademarks on any other web site is strictly prohibited
• Food Service Rewards® does not warrant that Operators’ use of materials displayed on the web site will not infringe the intellectual property rights of third parties not owned by or affiliated with Food Service Rewards®. Use of any materials on the web site is at User's own risk
• All materials contained on the web site are copyright protected in the year 2021-currently by Buyers Edge Platform, LLC except where explicitly noted otherwise. All rights reserved

GENERAL TERMS & CONDITIONS

• Food Service Rewards® reserves the right to disqualify anyone from participation in the Coalition Loyalty Program and to immediately invalidate all Points accumulated based on abuse, fraud or any violation of the Coalition Loyalty Program policies or these terms and conditions
• Food Service Rewards® and its Sponsors have the right to audit redemption activity from its Operators and obtain additional purchase verification documentation such as invoices or validated distributor tracking reports
• Food Service Rewards® Points may not be sold, assigned or transferred. The only right Food Service Rewards® Operators acquire with Food Service Rewards® Points is to surrender them for redemption. Otherwise Points will be debited from Member's accounts in accordance with these rules
• By redeeming Points, Operators agree to indemnify, defend and hold Food Service Rewards®, Sponsors, and vendors harmless from any damages, claims costs or expenses arising directly or indirectly from the use or misuse of rewards
• Notwithstanding anything to the contrary, Food Service Rewards® and its Sponsors reserve the right, at their sole discretion, to terminate the Food Service Rewards® Coalition Loyalty Program, to add and delete Sponsors, to alter Coalition Loyalty Program rules, and to restrict, change, correct, or cancel the enrollment process, any qualifying purchases, point issuance rates and reward point prices of the Coalition Loyalty Program at any time without prior notification
• Food Service Rewards® and its Sponsors are not responsible for disputes between or among Operators or employees of an Operator's business
• The Food Service Rewards® Coalition Loyalty Program and offers are void where prohibited by law. Certain states, provinces and countries may have additional restrictions
• In all matters relating to the interpretation and application of any term, rule, or phase of the Food Service Rewards® Coalition Loyalty Program, the decision of Food Service Rewards® shall be final
• Operators acknowledge that Food Service Rewards® is not responsible for any incidental, consequential, indirect or special damages. In no event shall Food Service Rewards® or its Sponsors have liability to any Operator in an amount in excess of the value of the rewards redeemed by such Operators(s) in Food Service Rewards®
• Food Service Rewards® shall be excused upon, and shall not be liable for, any failure to fully or partially perform or for interruption of the Coalition Loyalty Program resulting from the occurrence of an "Event of Force Majeure". An "Event of Force Majeure" shall mean any act, cause, contingency or circumstance beyond the reasonable control of the party invoking this clause, including, without limitation, acts of God, labor strike, labor dispute, lockout, civil disorder, terrorism or perceived terrorist threat, disaster, interruption of transportation services, governmental actions or regulation, or other emergency making it inadvisable, unsafe, impossible, or illegal to perform under the Agreement
• The rights and obligations of Food Service Rewards®, its Sponsors, and Operators shall be governed by and construed under the laws of the Commonwealth of Massachusetts without regard to its choice or conflicts of law provisions. By participating in Food Service Rewards®, Members hereby irrevocably submit to the personal and exclusive jurisdiction in Massachusetts and further agree that any cause of action relating to this Terms of Use shall be brought in a state or federal court sitting in Suffolk County, Massachusetts unless such matter is removed by Food Service Rewards® to federal court or such court does not have subject matter jurisdiction; and then in such event, Operator hereby irrevocably submits to personal and exclusive jurisdiction in Massachusetts. The parties hereby waive any claim that such jurisdiction is an inconvenient forum
• Food Service Rewards® shall have the right without liability to discontinue the Coalition Loyalty Program or any component thereof; if the Coalition Loyalty Program or any component thereof is found not to be in compliance with any applicable laws, rules, or regulations; or if the Coalition Loyalty Program or any component thereof is discovered to infringe upon the intellectual property rights of any third party. Food Service Rewards® reserves the right to alter or modify the Coalition Loyalty Program or any component thereof if determined necessary in Food Service Rewards’ sole discretion to rectify any alleged non-compliance with any applicable laws, rules or regulations; or if necessary for the Coalition Loyalty Program or any component thereof to be non-infringing upon the intellectual property rights of any third party
• FOOD SERVICE REWARDS® AND ITS SPONSORS MAKE NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND EXPRESSED OR IMPLIED, WITH RESPECT TO THE REWARDS EXCEPT AS PROVIDED HEREIN. ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE ARE WAIVED AND DISCLAIMED. Food Service Rewards® and its Sponsors shall not be liable for any loss, expense (including, without limitation, attorney's fees), accident or inconvenience that may occur in use of such items, or as a result of any defect or failure