Terms of Service

Introduction & Scope

By accessing the Website at https://foodstreamnetwork.com and/or using any of Our Services, You agree to be bound by these terms, available at https://foodstreamnetwork.com/terms-of-service/, (the “Terms”) all applicable laws and regulations, and acknowledge that You are responsible for compliance with any applicable local laws. The Services are offered to organizations, agencies, and businesses acting through their authorized representatives, and are not offered for individual consumer use. If You do not agree with any of these terms, You are prohibited from using or accessing this site. The materials contained on this Website are protected by applicable copyright and trademark laws. By accessing Our Services, on behalf of the entity that You represent, You represent and warrant that You are an authorized representative of such entity and have the right, authority, and capacity to bind such entity to these Terms and Our Privacy Policy, available at https://foodstreamnetwork.com/privacy/, in accordance with all applicable laws and regulations. Such entity is responsible for the acts and omissions of its authorized representative in connection with the Services. Where these Terms impose obligations on You, that obligation applies to both the entity and its authorized representative, as applicable. If You do not agree with any of these Terms, You are prohibited from using or accessing Our Services. By registering for or using the Services, You represent and warrant, at registration and on an ongoing basis, that You are an organization, agency, or business, or an authorized representative of one, and not a private individual using the Services for personal, family, or household purposes. Any person who accesses or uses the Services in violation of these eligibility requirements does so entirely at that person’s own risk, remains bound by these Terms, and acquires no rights or remedies against Foodstream Inc. other than those expressly stated in these Terms. Foodstream Inc. may suspend or terminate any such access under Section 2.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. THEY CONTAIN AN ARBITRATION AGREEMENT AND OTHER IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE ARBITRATION AGREEMENT REQUIRES, WITH LIMITED EXCEPTIONS, THAT DISPUTES BE SUBMITTED TO BINDING AND FINAL ARBITRATION. IT ALSO PROVIDES THAT (1) CLAIMS MAY BE PURSUED ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; (2) RELIEF, INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF, MAY BE SOUGHT ONLY ON AN INDIVIDUAL BASIS, SUBJECT TO THE PUBLIC-INJUNCTIVE-RELIEF CARVE-OUT IN SECTION 16.2; AND (3) CLAIMS GENERALLY MAY NOT BE RESOLVED BY A JURY OR IN A COURT OF LAW, EXCEPT AS SECTION 16.2 EXPRESSLY PERMITS. SEE SECTION 16.2 FOR DETAILS.

1. Definitions

The following terms shall have the following meanings:

“Us”, “Ours”, “Foodstream Inc.”: Foodstream Inc., the company providing the services under the Foodstream brand.
“You”: The entity using Foodstream Inc.’s Services through an Authorized User(s), and the Authorized User(s) acting on its behalf.
“Donor”: An entity that supplies or makes rescued food available through the Services.
“Recipient Organization”: An entity that claims, receives, transports, or redistributes rescued food through the Services.
“Authorized User”: An individual member of Your Personnel whom You authorize to use Your account and access the Services.
“Personnel”: The officers, employees, volunteers, agents, contractors, consultants, vendors, or representatives of a party or a party’s affiliates.
“Application”, “App”: A mobile application that Foodstream Inc. may make functionally available in connection with the Services.
“Website”: Foodstream Inc.’s website and platform through which the Services are made available.
“User Credentials”: Username, password, or other credentials designated by Foodstream Inc. and used by You or an Authorized User, together or separately, to identify the applicable account user and access the Services.
“Mobile Platform Provider”: This refers to Apple and Google via their app stores, the Apple App Store, and the Google Play Store.
“User Material”: Any content uploaded or provided by You, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works, and any other materials.
“Privacy Policy”: Means Our Privacy Policy, available at https://foodstreamnetwork.com/privacy/.

2. Account Terms

Account holders and Authorized Users must be at least 18 years old. The Services are not offered to or intended for use by individuals under 18. You are responsible for ensuring that any Personnel You authorize to use the Services or receive SMS messages are at least 18 years old. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. You must provide Your legal full name, telephone number, a valid email address, and any other information requested to complete the signup process. You shall authorize only Your Personnel to create an account on and access the Services as Authorized Users. Only You and Your Authorized Users, using the User Credentials designated by Foodstream Inc., may access and use the Services. Each Authorized User must keep their User Credentials confidential and must not share them with anyone else. You will promptly notify Foodstream Inc. if You become aware of any compromise of any User Credentials. You agree not to, and not to permit Your Personnel to, share or otherwise provide account information to any third party, including other Personnel to whom that account information does not pertain. You are solely responsible and liable for any acts or omissions by Your Personnel as if You committed them, including:

instructions given to Foodstream Inc. by Your Personnel;
access to, and use of, Your Personnel’s accounts;
violations by You, Your Personnel, or third parties of the use restrictions in these Terms; and
all actions taken by Your Authorized Users through their User Credentials.

You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in Your jurisdiction (including but not limited to copyright laws). If You find any link on Our Services that is offensive for any reason, You are free to contact and inform Us at any time. We will consider requests to remove links, but We are not obligated to do so or to respond to You directly.

3. Account Suspension & Termination

Foodstream Inc. encourages You to report violations of Our guidelines and Terms. We reserve the right, at Our sole and final discretion, to deactivate, freeze, suspend, or terminate any account upon any factual or alleged breach of these Terms. You must notify Us immediately of any change in Your eligibility to use Our platform, or if You suspect a breach of security or unauthorized use of Your account. Authorized Users engaging in conduct that may constitute a factual—or even alleged—breach of these Terms, including but not limited to, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination at Our sole and final discretion, without notice and without liability. Foodstream Inc. reserves the right to discontinue any Service(s) without any refund whatsoever if any action from a customer towards any of Foodstream Inc.’s employee(s) is deemed as misbehavior by Foodstream Inc., whereas “misbehavior” means any and all actions and attitudes from customers that are deemed outside the accepted norm, including but not limited to any type of harassment, use of hateful, foul, threatening, or diminishing language, any activity with the intent to extract unfair advantage, etc. You may terminate Your account at any time by going to the “delete account” button located inside the “Edit Profile” section, which can be accessed through the dropdown at the side of Your username. We may terminate or suspend Your Foodstream Inc. account if You go contrary to any Foodstream Inc. policies or for any other reason(s), which We will notify You about.

4. Payment Terms

Foodstream Inc. may offer the Services free of charge or on a paid subscription basis. Fees apply only where You have expressly agreed to a paid plan or subscription. Foodstream Inc. may introduce, change, or discontinue fees as provided in Section 5. The remaining provisions of this Section, including those concerning payment processors, chargebacks, refunds, billing start dates, automatic renewal, up-to-date payment details, and billing questions, apply only to the extent fees actually apply. We rely on authorized third-party payment processors to bill the Services through a payment account linked to You; henceforth, You hereby authorize Us to charge the pertinent fees through Your indicated payment processing account. Sensitive financial details are stored only by Our payment providers. Such third-party payment processors are also the ones that process, manage, operate, and deliver the payments of Your end customers, not Foodstream Inc. For more information, please refer to the terms of use of Our third-party payment processing platform, which may include Stripe or PayPal. Accordingly, Foodstream Inc. shall not be held responsible for any and all errors, fees, and currency conversion fees by Our payment processors, and You should review their terms and policies from time to time, which will govern the provision of services to You.

4.1 Disputes & Charge-backs

If We detect any chargeback or if any payment is not received by Us or Our payment processors for any reason, You will promptly pay Us any and all amounts due to Us upon notice. Any failure or inability by Us to process any payment hereunder does not relieve You from Your payment obligations. A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A chargeback may result in the reversal of a transaction, with the amount charged back to You. You can be assessed chargebacks for:

(i) customer disputes;
(ii) unauthorized or improperly authorized transactions;
(iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or
(iv) any reversals for any reason by Our payment processor or the institutions handling the transaction.

When a chargeback is issued, You are immediately liable to Foodstream Inc. for the full amount of the payment of the chargeback, plus any associated fees, fines, expenses, or penalties (including those assessed by Our payment processor or the financial institutions handling the transaction). Accordingly, You hereby represent and warrant that You expressly appoint Foodstream Inc. as Your agent, with full power to recover these amounts by debiting Your account or setting off any amounts owed to You by us. If We are unable to recover funds related to a chargeback for which You are liable, You will pay Us the full amount of the chargeback immediately upon demand; thus, You agree to pay all costs and expenses, including without limitation, costs assessed by Our payment processor, legal fees, and other legal expenses, incurred by or on behalf of Us in connection with the collection of any unpaid chargebacks unpaid by You.

4.2 Refunds

You may cancel Your subscription at any time. Any refund applicable to a paid plan will be handled as described in the applicable plan terms or by contacting support@foodstreamnetwork.com.

4.3 Application Approval

This Section 4.3 applies only to the extent that Foodstream Inc. makes a mobile application functionally available in connection with the Services. Foodstream Inc. will use commercially reasonable efforts to have the Application approved by the appropriate Mobile Platform Provider. Although there is a high likelihood of approval, We do not and cannot guarantee approval.

4.4 Subscription Billing Start Date

Your initial subscription billing will start on the date You receive access to the applicable paid Services. This is normally on the same day You make Your purchase, or, if access is scheduled to begin later, on the date the paid Services become available to You. Your card will then be charged on the same day of every month or year that follows, depending on the plan You chose until You cancel Your account.

4.5 Automatic Subscription Renewal

To ensure uninterrupted service, Foodstream Inc. will automatically bill You for Your subscription on each renewal period thereafter until cancellation.

4.6 Up to Date Payment Details

To avoid any interruption in the service, You shall maintain up-to-date credit card details in Your account dashboard, accessible at https://foodstreamnetwork.com/my-account/.

4.7 Billing Questions

For any billing-related questions, please contact Foodstream Inc. via support@foodstreamnetwork.com.

5. Cancellation, Termination, and Service Suspension

5.1 Cancellation

You may close a free account at any time. You may cancel a paid subscription at any time by sending an email to support@foodstreamnetwork.com from the same email used in Your Foodstream Inc. account. Your request will be processed, and any paid subscription will generally be canceled within up to 7 days.

5.2 Termination & Suspension

Failure to comply with any of Our Terms and/or failure to pay a due fee or renew Your subscription shall entitle Foodstream Inc. to immediately suspend Your account, including access to the Services, including any paid Services.

5.3 Service Reactivation

Once canceled, a paid subscription cannot be reactivated.

6. Changes to Our Services and Pricing

Foodstream Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Services (or any part thereof) with or without notice. Any changes will be displayed in the Services, and We may notify You by email. Please refer to the last effective date where changes were last undertaken by us. Your use of Our Services after the effective date of any update—either by an account registration or simple use—thereby indicates Your acceptance thereof. Prices of all Services, including but not limited to monthly subscription plan fees for provided Services, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to Our Website. Foodstream Inc. shall not be liable to You or to any third party for any modification, price change, suspension, or discontinuance of a Service. To the extent that Foodstream Inc. makes an App available, such App may use third-party services such as push notification providers, which could be subject to additional fees if those services change their pricing structure. The availability and functionality of the Services depend on various factors, including communication networks, software, hardware, and Foodstream Inc.’s service providers and contractors. While Foodstream Inc. makes commercially reasonable efforts to make the Services available on an ongoing basis, You acknowledge and agree that the Services may be interrupted from time to time due to causes outside Foodstream Inc.’s reasonable direct control, and You will not have any claims against Foodstream Inc. in such case.

7. Copyright & Ownership

You may not claim intellectual property or ownership rights in or to the Services or Foodstream Inc.’s materials, including any associated intellectual property rights therein. The Services, Foodstream Inc.’s materials, and all associated intellectual property rights are the exclusive property of Foodstream Inc. The Services and Foodstream Inc.’s materials (including any products, support, and documentation) are provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental, or consequential damages or losses that occur out of the use or inability to use Our Services or Foodstream Inc.’s materials. When accessing or using the Services, You agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. We claim no intellectual property rights over the material You provide to the Services. Your profile and materials uploaded and provided remain Yours.

8. Copyright Takedown Notices

For information about how to submit a request for takedown if You believe content on Foodstream Inc. infringes Your intellectual property rights, please contact us. Foodstream Inc. takes copyright infringement matters seriously and is ready to remove any allegedly or factually infringing content displayed on the Services upon due notice and request by the titleholder. Your notification claim must be in writing and must at least contain the following information:

Your signature and identification, or the ones of the person authorized to act on behalf of You or the titleholder;
A clear and concise description of the content of which its copyright has allegedly been infringed;
Contact information (e.g., address and email); and
A statement, under penalty of perjury, indicating that You have a good faith belief that the information provided in Your claim is true and accurate.

9. Content Licenses

9.1 Limited License by Foodstream Inc.

Foodstream Inc. grants You a limited, non-exclusive, revocable, royalty-free, and non-transferable license to access and use the Services. You are prohibited from duplicating, re-engineering, reverse engineering, modifying, or otherwise using the Services, in whole or in part. Foodstream Inc. does not grant any express or implied right to You under any patents, trademarks, copyrights, or trade secret information.

9.2 User Materials License

Foodstream Inc. allows or may allow You to upload or provide information and other materials in connection with Your use of the Services. For any User Material that You upload, publish, or display via the Service, You acknowledge and agree that, by agreeing to these Terms, such User Material may be viewed or accessed by Foodstream Inc. and by other individuals using or accessing the Services.

9.3 Feedback License

You hereby grant Foodstream Inc. an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, worldwide right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes), communicate, publish, publicly perform, publicly display, and distribute any suggestions, feedback, recommendations, comments, and know-how that You provide to Foodstream Inc. regarding the Services.

9.4 Usage Data

Foodstream Inc. may monitor use of the Services and may collect and generate data and information relating to Your and Your Authorized Users’ use of the Services (“Usage Data”). Both during and after Your use of the Services, Foodstream Inc. may use Usage Data for any lawful purpose, including to modify, enhance, train, and optimize the algorithms and other software used to provide the Services. Foodstream Inc. may create aggregated and de-identified data that does not identify You, any Authorized User, or any individual. Foodstream Inc. retains all right, title, and interest in such aggregated and de-identified data, which it may use for any lawful purpose, including analytics, benchmarking, research, publication, product development, and training artificial intelligence and machine learning models. This Section 9.4 applies to Usage Data and aggregated and de-identified data, and does not grant Foodstream Inc. ownership of User Material itself. The collection, use, and disclosure of personal information in connection with the Services are also governed by the Privacy Policy.

10. General Conditions

Support is only provided via Our Help Desk, except that SMS-related help requests may be directed to support@foodstreamnetwork.com or by replying HELP, as described in Section 18. Currently, We do not provide support via any other channel (including, but not limited to Twitter, Facebook, or over the phone). By submitting materials (e.g., Your logo, brand guidelines, etc.) to Foodstream Inc. for inclusion in Your account or organization profile on the Services, You grant Foodstream Inc. a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and display the content and materials solely as necessary to operate and provide the Services. You understand that Foodstream Inc. uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, or any other Foodstream Inc. service.

11. App Mandatory Guidelines

This Section 11 applies only to the extent that Foodstream Inc. makes a mobile application functionally available in connection with the Services. We request that the following guidelines and covenants be respected at all times:

You shall not use the Services for unauthorized commercial activity, including spam.
You shall not use the Services to upload, publish, or transmit content that may defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate people or entities.
You shall not use the Services to display violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive photos, videos, or other content.
You shall not use the Services to do anything unlawful, misleading, malicious, or discriminatory, or for any illegal or unauthorized purpose.

12. Limitation of Liability

IN NO EVENT SHALL FOODSTREAM INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSSES, COSTS, OR EXPENSES OF ANY KIND RESULTING FROM POSSESSION, ACCESS, USE, INACCESSIBILITY, OR MALFUNCTION OF FOODSTREAM INC. OR THE SERVICES.

13. Disclaimer of Warranty

To the fullest extent permissible under applicable law, the Services are provided to You “as is,” with “all faults” and “as available,” without warranty of any kind. Foodstream Inc. and its affiliates, clients, agents, officers, licensors, and/or distributors do not make, and hereby disclaim, any and all express, implied, or statutory warranties, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment, peaceful enjoyment, and any warranties emanating out of course of dealing or trade usage.

14. Limitation of Damages

To the maximum extent permitted by applicable law, Foodstream Inc.’s total aggregate liability to You for all claims arising out of or relating to these Terms or the Services, whether in contract, tort (including negligence), strict liability, or otherwise, in respect of any one incident, or series of connected incidents, shall not exceed the greater of:

(a) the total amounts, if any, paid or payable by You to Foodstream Inc. for the Services during the twelve (12) months immediately preceding the event giving rise to the claim; and
(b) $1,000.00 USD.

Clause (b) applies where the Services are provided to You free of charge. The exclusions of indirect, incidental, special, punitive, and consequential damages in Section 12 apply to this Section 14.

15. Indemnity

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FOODSTREAM INC., ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE SERVICES; (II) YOUR VIOLATION OF THESE TERMS; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT.

16. Disclaimer of Warranties

FOODSTREAM INC., AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES, OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT THE USE OF THE SERVICES PROVIDED IS AT YOUR OWN RISK AND THAT FOODSTREAM INC. PROVIDES THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES.

17. General Provisions

17.1 Governing Law & Venue

You agree that the Services are provided from and based in New York, New York. This Agreement shall be governed by the internal substantive laws of New York, without respect to its conflict of laws principles. Except for disputes subject to arbitration under Section 17.2, any claim or dispute between You and Foodstream Inc. that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in New York, USA.

17.2 Binding Arbitration; Dispute Resolution

Except as expressly carved out below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between the parties, including the validity, enforceability, or scope of this Section 17.2, shall be resolved by final and binding arbitration rather than in court. The informal resolution process in Section 17.10, including the Notice requirements in this Section, is a condition precedent to commencing arbitration, and the sixty (60)-day period described in Section 17.10 must elapse before either party may initiate arbitration. A party electing to seek arbitration must first send a written notice of claim (a “Notice”). A Notice sent by You must be addressed to Foodstream Inc. at support@foodstreamnetwork.com and must include “LEGAL NOTICE” in the subject line in all capital letters. A Notice sent by Foodstream Inc. will be sent to the most recent email address on file for You. Each Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. For a Notice sent by You, the sixty (60)-day period begins when Foodstream Inc. receives the Notice, which also serves as the first email initiating the informal resolution process under Section 17.10; for a Notice sent by Foodstream Inc., the sixty (60)-day period begins when You receive the Notice. During any arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect, as modified by these Terms; the AAA rules are available at www.adr.org. The arbitration shall be conducted before a single arbitrator selected in accordance with the AAA Rules. The arbitrator shall have exclusive authority to resolve threshold questions of arbitrability, including the validity, enforceability, and scope of this arbitration provision. The arbitrator may award any relief available in court, but only on an individual basis and only to the extent permitted by these Terms. The seat of arbitration shall be New York, New York. pumpUnless the parties agree otherwise, any arbitration hearing shall take place remotely or at a location within the New York, New York seat that is reasonably convenient for both parties, with due consideration of their ability to travel and other pertinent circumstances; if the parties cannot agree on the location, AAA shall determine it. If Your claim is for $10,000 or less, You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or videoconference hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The Federal Arbitration Act governs the interpretation and enforcement of this Section 17.2. Arbitration shall be conducted on an individual basis only. No class, collective, consolidated, coordinated, or representative proceeding is permitted, and the arbitrator may not consolidate more than one party’s claims or preside over any form of representative proceeding. This individual-basis/class-waiver requirement is intended to be consistent with the class-action waiver in Section 17.8. Either party may:

bring an individual action in small claims court for claims within that court’s jurisdiction;
seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction in New York to prevent or restrain actual or threatened infringement, misappropriation, or violation of its intellectual property or confidential information, or unauthorized access to the Services, without waiving the arbitration agreement, consistent with Section 17.14; or
seek to enforce an arbitral award in any court of competent jurisdiction.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim, except that a party may pursue a claim for, and the arbitrator may award, public injunctive relief under applicable law to the extent required for the enforceability of this Section 17.2. Filing, administration, and arbitrator fees shall be allocated in accordance with the AAA Commercial Arbitration Rules. Each party shall bear its own attorneys’ fees and costs unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose, or unless a fee award is otherwise required by applicable law. Where Your claim is for a modest amount and the AAA Rules or applicable law would otherwise render the cost of arbitration prohibitive, Foodstream Inc. will consider paying or reimbursing filing and administrative fees to the extent reasonably necessary for this arbitration agreement to remain enforceable; this is not an absolute obligation to pay all arbitration costs. The existence, content, and result of the arbitration shall be kept confidential by the parties, except as necessary to enforce or challenge an award, comply with law, or pursue insurance or indemnity rights. This Section 17.2 survives termination of these Terms and any termination or expiration of Your account. If a court of competent jurisdiction or the arbitrator decides that any term or provision of this Section 17.2 other than the individual-basis/class-waiver requirement is invalid or unenforceable, the parties agree to replace that term or provision with a valid and enforceable term or provision that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Section 17.2 will be enforceable as so modified. If a court or the arbitrator decides that the individual-basis/class-waiver requirement is invalid or unenforceable, then the entirety of this Section 17.2 will be null and void, unless that requirement is deemed invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

17.3 Entire Agreement

If You are using the Services on behalf of a legal entity, You represent that You are authorized to enter into an agreement on behalf of that legal entity. These Terms, together with the Privacy Policy and any other legal notices published by Foodstream Inc. on the Services, constitute the entire agreement between You and Foodstream Inc. and govern Your use of the Services, superseding any prior agreements between You and Foodstream Inc.

17.4 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect.

17.5 Amendment

Foodstream Inc. reserves the right to amend these Terms. For substantial changes, Foodstream Inc. will provide at least seven (7) days’ notice before the changes take effect; for other changes, Foodstream Inc. will provide at least thirty (30) days’ notice before the changes take effect. Notice may be provided by any method described in Section 17.9, and it is Your responsibility to review these Terms for any changes. Your continued use of the Services after the effective date of any amendment will constitute Your acceptance of the amended Terms.

17.6 No Waiver

Foodstream Inc.’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

17.7 No Third-Party Beneficiary Rights

Neither the course of conduct between the parties nor trade practice will act to modify these Terms. These Terms do not confer any third-party beneficiary rights.

17.8 No Class Actions

With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial, or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This waiver applies to class arbitration, and the arbitrator may not consolidate more than one party’s claims. You agree that, by entering into this agreement, You and Foodstream Inc. are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

17.9 Notices

We may provide You with notices in any of the following methods:

via the Services, including by a banner or pop-up within Our Website, Your Account, or elsewhere;
by e-mail, sent to the e-mail address You provided us; and/or
through any other means, including any phone number or physical address You provided us.

Our notice to You will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice. You agree to receive correspondence from Us by email in accordance with these Terms and applicable law. You consent and acknowledge that all agreements, notices, disclosures, and other communications that We provide to You electronically will satisfy any legal requirement that such communications be in writing.

17.10 Amicable Resolution

Before filing any claim against Us or initiating arbitration under Section 17.2, You agree to solve the dispute amicably by first emailing support@foodstreamnetwork.com. If We cannot resolve the dispute informally via email, phone, or other methods, within sixty (60) days of receipt of Your first email, You or Foodstream Inc. may then bring a formal proceeding, including arbitration as provided in Section 17.2.

17.11 Taxes

You are responsible for complying with all tax obligations associated with Your account. It is important that You keep complete and accurate contact details in order for Us to remit invoices, especially payment processing account details.

17.12 No Relationship

You and Foodstream Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

17.13 No Embargo

You hereby represent and warrant that:

You are not located in a country that is subject to a U.S.A., European Union, or other government’s embargo, or that has been designated as a “terrorist supporting” country; and
You are not listed on any government list of prohibited or restricted parties or activities.

17.14 Equitable Remedies

You hereby acknowledge and agree that if these Terms are not specifically enforced, Foodstream Inc. will be irreparably damaged, and therefore You agree that Foodstream Inc. shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to Your breach of any of these Terms, in addition to any other available remedies.

17.15 Interpretation

In understanding or interpreting the terms of these Terms:

the headings of this document are for convenience only and are not to be considered, and
no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting these Terms.

17.16 Force Majeure

Foodstream Inc. is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Foodstream Inc.’s reasonable control, including but not limited to, electronic, power, mechanic, or Internet failure, from acts of nature, forces or causes beyond Our control, including without limitation, Internet failures, computer, telecommunications, or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government-mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

17.17 Assignment

These Terms may not be assigned or delegated by You without the prior written approval of Foodstream Inc. These Terms will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. We reserve the right, at any time, to transfer some or all of Foodstream Inc.’s assets in connection with a merger, acquisition, reorganization, sale of assets, or in the event of bankruptcy.

17.18 User Representations and Warranties

You hereby represent, warrant, and covenant that:

Your use of Our Services, and all Your uploaded and personal data shall be at all times compliant with these Terms and all local, state, federal, and international laws and regulations applicable to You and Your organization;
You have obtained all necessary rights, releases, and permissions to provide any data to Foodstream Inc. and its affiliates, licensors, and agents; and to grant the rights granted to Foodstream Inc. in these Terms, including without limitation any intellectual property rights or rights of publicity, privacy, and any use, collection, and disclosure authorized; and
All information You provide regarding Your organization is accurate and complete, including its legal name, its legal status (whether a nonprofit organization, a for-profit business, a public agency, or an unincorporated association or group), the identity of any fiscal sponsor or other organization through which You operate, and the contact information for Your Authorized Users, and You will promptly update that information if it changes.

Foodstream Inc. is entitled to rely on the information You provide under this Section 17.18 without independent investigation, and nothing in these Terms obligates Foodstream Inc. to verify any organization’s legal status, tax-exempt status, or qualifications.

17.19 Privacy

By disclosing any data and personally identifying information to Us, You agree to Our Privacy Policy, including the collection, processing, storage, and disclosure of such personally identifiable information, including to Our affiliates, partners, and clients. We will ask for Your express consent, including for inclusion into Our newsletters, updates, and follow-ups. Using Foodstream Inc. means that You accept Our Privacy Policy, regardless of whether You are a registered user or not. SMS consent and messaging are separately governed by Section 18.

18. SMS Messaging Program

You may consent to receive SMS messages from Foodstream Inc. through any of the following three paths:

Checking an unchecked SMS consent box during registration;
Submitting an online sign-up form, including a form reached through a QR code linking to Foodstream Inc.’s Website or directly to the form, that includes an affirmative SMS consent election; or
Replying YES to a one-time confirmation text after Foodstream Inc. Personnel conducting outreach on Foodstream Inc.’s behalf obtain Your verbal agreement to be contacted via SMS and Your mobile number during a phone call.

The SMS Messaging Program is a business-to-business and business-to-organization (B2B/B2O) program for Donors and Recipient Organizations. Recipient Organizations include nonprofits and shelters, houses of worship, fire departments and other public agencies, schools and other institutions, community fridges and similar distribution points, grassroots, mutual aid, and volunteer groups, and for-profit businesses that receive, transport, or redistribute rescued food. The Services, including the SMS Messaging Program, are not directed to and may not be used by private individuals receiving food for personal or household consumption, or by children. An individual volunteer who picks up, transports, or delivers food on behalf of a Donor or Recipient Organization does so as that organization’s Personnel and not as a private individual. Foodstream Inc. is not the agent of You, any Donor, or any Recipient Organization and does not communicate directly with individuals or families who ultimately receive food. For the phone-outreach path, no coordination messages will be sent through the SMS Messaging Program until Foodstream Inc. receives a written YES confirmation from You. Replying STOP at any time, including to the initial confirmation text, opts You out of the SMS Messaging Program. Messages may be sent to additional Recipient Organizations along the donation path. Each additional Recipient Organization must have independently consented to receive SMS messages before receiving messages through the SMS Messaging Program. Food donations may originate from Donors, including media and entertainment productions; film, television, and commercial productions; live events and venues; catering and event food service providers; other nonprofit and community organizations redistributing surplus food; and other commercial, institutional, or logistics sources. The source of the donation does not change how the SMS Messaging Program works. SMS messages may include:

Availability alerts, which may include photos and quantity details.
Claim confirmations.
Time-sensitive pickup reminders.
Real-time coordination messages during an active pickup.
Pickup completion confirmations.

Message frequency varies based on active claims and overall rescue activity and may be frequent during high-volume periods. The SMS Messaging Program is used only for operational coordination messages, and Foodstream Inc. does not send promotional, marketing, or fundraising text messages through this program. Message and data rates may apply. SMS consent is not a condition of service. Neither carriers nor Foodstream Inc. shall be liable for delayed or undelivered messages, or for missed pickup or donation opportunities resulting from message timing. To opt out, reply STOP to any message at any time, including to the initial confirmation text. You will receive one unsubscribe confirmation and no further messages. You may re-enroll by contacting Your Foodstream Inc. account representative or signing up again through the platform. For help, reply HELP to any message or contact support@foodstreamnetwork.com. The SMS Messaging Program is governed by these Terms and by the Foodstream Privacy Policy at https://foodstreamnetwork.com/privacy/.

19. Volunteers and Transport

Foodstream Inc. is a coordination platform only. Foodstream Inc. does not employ, engage, screen, train, supervise, insure, or control any volunteer, driver, or other individual who picks up, transports, handles, or delivers food, and no such individual is the employee, agent, or contractor of Foodstream Inc. Each Donor and Recipient Organization that sends, permits, or relies on volunteers or other Personnel to pick up, transport, or deliver food is solely responsible for:

Selecting, screening, and supervising those individuals;
Ensuring that each holds a valid driver’s license, uses a properly registered and insured vehicle where applicable, and complies with all applicable traffic, food-safety, and other laws;
Safe food handling, storage, and temperature control while food is in its or its volunteers’ possession; and
Any insurance coverage appropriate to those activities.

Any vetting, verification, or rating that Foodstream Inc. may perform is for Foodstream Inc.’s own operational purposes, is not a guarantee of any person’s identity, qualifications, conduct, or reliability, and does not shift these responsibilities to Foodstream Inc. Claims arising from the acts or omissions of volunteers or other Personnel are subject to Sections 12 through 16.

20. Food Safety and Donation Liability

Foodstream Inc. does not donate, sell, prepare, inspect, store, transport, or distribute food, and makes no representation or warranty regarding the quality, safety, or fitness of any food. Foodstream Inc. does not guarantee, and makes no representation regarding, any Donor’s, Recipient Organization’s, or volunteer’s eligibility for protection under the Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C. § 1791, or any other federal, state, or local food-donation liability law. Certain of those protections may not extend to for-profit businesses that receive, transport, or redistribute food, or to food distributed other than through a nonprofit organization. Each Donor and Recipient Organization is solely responsible for determining and complying with the laws applicable to its own donation, receipt, handling, and distribution of food.

21. Governing Language

From time to time, these Terms may be translated into other languages for Your convenience. The English language version of each of these documents shall be the version that prevails and governs Your use of Our Website and Our Services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.

22. Contact Us

If You have any questions about these Terms, please contact Us by visiting this page on Our Website: https://foodstreamnetwork.com Note that communications made by email or the “Contact Us” page do not constitute legal notice to Foodstream Inc.

This page was last updated on November 2nd, 2026.