Welcome to Food52, Inc. (“Food52”, “we”, “our”, “us”). By using, browsing, and/or accessing this website, including any purchases of goods and/or additional services (collectively, “use”), you agree to these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (“Terms”). Use of this website is strictly voluntary. Your use of this website constitutes your agreement to follow these Terms and to be bound by them.

THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND A CLASS ACTION WAIVER. DETAILS ARE SET FORTH BELOW. To the fullest extent permitted by applicable law, any and all disputes or claims between us relating to or arising out of this Agreement shall be resolved exclusively through binding arbitration.

These Terms of Use may be updated by us from time to time without notice.

1. User Accounts To access certain features of the Site, you may need to create an account. You agree to provide accurate and complete information and to update your information as necessary. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account. We reserve the right to deny you access to the Site, or any portion of the Site, without notice and in our sole discretion.

2. User-Submitted Content By submitting any content to the Site, including but not limited to recipes, comments, videos, and photos (“User Content”), you grant Food52 a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media. You acknowledge that once you submit User Content, it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including any personally identifying information.

You also grant us and our sublicensees the right to use your User Content in connection with the Site, Food52, and our products and services, which may include offline print materials such as cookbooks.

By posting User Content, you consent to the use by Food52 of your name, image, likeness, voice, username, caption, location information, biographical information, statements, quotes, and any interior or exterior photographs or depictions of your rooms, residence, home, or office, which may include images of your family, friends, or pets, for any purpose, in any format or medium now known or hereafter devised. Food52 may modify, change, adapt, or alter such content in its sole discretion.

You are solely responsible for any content you upload, post, use, transmit, or otherwise make available on or through this website. You represent and warrant that you own or have the necessary rights to use and authorize Food52 to use all intellectual property rights in and to any User Content that you submit. We have the right, but not the obligation, to review and remove content in our sole discretion.

3. Prohibited Activities You agree not to misuse the Site. You will not:

• Commit or encourage a criminal offense.
• Transmit or distribute a virus, trojan, worm, logic bomb, or any other material that is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene.
• Hack into any aspect of the Site.
• Corrupt data.
• Cause annoyance to other users.
• Infringe upon the rights of any other person’s proprietary rights.
• Send any unsolicited advertising or promotional material.
• Attempt to affect the performance or functionality of any computer facilities of or accessed through the Site.

4. Special Offers, Contests, and Sweepstakes From time to time, we may offer contests or sweepstakes. These promotions will be governed by separate rules that will be posted on the Site. Occasionally we will offer special promotions to our customers that may include a gift with purchase, discounts, coupons, or other promotional activity associated with a product purchase. These offers may be for a limited time only.

5. Online Store Food52 offers products for sale through the Site, including third-party items and our own inventory. All purchases are subject to our Return Policy. We make efforts to display the colors and images of our products accurately, but we cannot guarantee that your device’s display will accurately reflect the actual product.

6. Terms of Sale By placing an order, you are offering to purchase a product subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Food52 reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and Food52 reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).

7. Not for Commercial Use Unless otherwise stated, items sold on the Site are not for commercial use. Any commercial use will void any warranty, and the purchaser or user shall be liable for any damages that may arise from such commercial use.

8. Warranties and Disclaimers Food52 intends for the information and data contained on the Site or provided via other channels, including but not limited to phone and email, to be accurate and reliable, however, it is provided "AS IS." You expressly agree that your use of the Site is at your sole risk. FOOD52 DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability IN NO EVENT SHALL FOOD52, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF FOOD52 HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. Indemnification You agree to indemnify, defend, and hold harmless Food52 and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of another.

11. Governing Law These Terms and your use of the Site are governed by the laws of the State of New York, without regard to its conflict of laws principles. You consent to the exclusive jurisdiction of the federal and state courts located in New York, NY for the resolution of any disputes.

12. Arbitration Agreement (continued) Any dispute, action, or other controversy between you and Food52 concerning these Terms, use of the Site, any purchases of goods, or any purchases or use of gift cards shall be resolved exclusively through binding arbitration with the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms.

You waive the right to participate in any form of class or representative claim. Claims may not be arbitrated on a class or representative basis. If any provision of this Section is found to be invalid or unenforceable, the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration, you and Food52 each waive any right to a jury trial.

13. Return Policy Our return policy is available on the Site and outlines the terms and conditions for returning items purchased through our online store.

14. Termination 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 Site 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 Site at any time without prior notice or liability.

15. Children’s Online Privacy Protection Act (COPPA) We do not knowingly collect personal information from children under the age of 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information from our records.

16. Personal Information Your personal information collected in connection with this Program will be used in accordance with Food52’s Privacy Policy, available at https://food52.com/p/privacy.

17. Entire Agreement These Terms constitute the entire agreement between you and Food52 regarding the use of the Site and supersede all previous or contemporaneous agreements, whether written or oral, between you and Food52. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Food52. No waiver shall be construed as a waiver in any other or subsequent instance.

18. Severability If any provision of these Terms is found to be invalid or unenforceable, the remainder of these Terms shall be interpreted to best effectuate the intent of the parties.

19. Information or Complaints for California Users Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to [email protected]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms.