Terms of Service
Updated as of: April 30, 2018
- Acceptance of Terms.
Sunbeam Products, Inc. d/b/a Jarden Consumer Solutions (“JCS”) owns and operates the website that implements the FreshBucks rewards/loyalty program (“Rewards Program”), which is accessed from the website that is affiliated with the JCS FoodSaver® brand. The Rewards Program, together with the content, incentives and rewards, information sharing and other services available through the Rewards Program, are collectively referred to herein as the “Service”.
The Terms of Service are in addition to (not in lieu of) any other agreement (whether in writing or clickwrap) that you have entered into with JCS (now or in the future) regarding any Service (“Other Agreements”). If there is any conflict between the Terms of Service and those of any Other Agreement, the terms of the Other Agreement shall control.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE SERVICE. COMPLETING THE REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE REWARDS PROGRAM OR SERVICE WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT MODIFICATION.
JCS reserves the right, at its sole discretion, to modify or replace the Terms of Service (including any Policies), in whole or in part, at any time. JCS will use reasonable efforts to notify Members of any material change at least thirty (30) calendar days in advance of the effective date of any change. Change notices may be communicated by postings in the Rewards Program or by electronic mail. In any case, Members should periodically check the Terms of Service for changes. Continued use of the Service following such notice of any change to the Terms of Service constitutes Member's acceptance of those changes. The Terms of Service may not otherwise be amended, except by a written agreement executed by Member and JCS. JCS may terminate the Service, in whole or in part, at any time.
You must be at least 18 years of age, be a legal resident of the 50 United States and D.C. (the Rewards Program is open to U.S. residents only), to enroll in the Rewards Program and use the Service. If you do not so qualify, you are prohibited from accessing, using and registering for the Service. JCS will not knowingly collect personally identifiable information from any person that is actually known to us to be a child under the age of 18. JCS may refuse to offer or continue offering the Service to any person or entity and may change its eligibility criteria from time to time.
To become a Member, each user must complete the registration process by providing JCS with current, complete and accurate information, as more specifically required by the then current registration procedures. By way of illustration and not limitation: prospective Members may be required to provide their name and zip code, username, password, and legitimate electronic mail address in order to obtain certain aspects of the Service. Members may also elect to provide additional information related to their accounts at social networking sites (such as, for example, Twitter, Facebook, and Instagram). Members shall maintain and update their registration data from time to time, to ensure that it is always current, complete and accurate. Users may apply for registration at https://rewards.foodsaver.com/sign-up. JCS may refuse to accept any user's application to register as a Member in its sole discretion. Each Member is solely responsible for maintaining the confidentiality of its access credentials and other account information, and will be solely liable for any and all activities under its account. Member shall be responsible for keeping all account information up-to-date. Member agrees to notify JCS immediately of any unauthorized use of Member's account or any other breach of security.
- Rewards Program.
Members can accumulate and redeem loyalty rewards points (“Points”), on an individual basis and solely for their own account. The Rewards Program may be structured to offer certain benefits based on the Member's current balance of "redeemable" Points (that is, Points that have not previously been redeemed) or "lifetime" Points (that is, all prior Points accumulated by Member, whether previously redeemed or not). From time to time, JCS may establish (at its sole discretion) loyalty criteria pursuant to which Member's may "earn" Points (such as, for example: by registering for this Service; by purchasing a product, by sharing Member Content at the Rewards Program; by engaging in certain specified activities at a JCS website, by visiting or watching videos at a JCS website; by engaging in certain specified activities related to social networks).
If you do not make a purchase on the JCS website, www.foodsaver.com, within any twelve (12) month period, JCS shall expire your accrued but unused redeemable points. JCS may, at its discretion, send you periodic notifications to remind you that your redeemable points will expire upon the 12th month of inactivity. However, it is your responsibility to monitor your Program account and points status.
From time to time, JCS may offer benefits or privileges to Members in exchange for redemption of a specified number of Member's Points. The nature of those benefits or privileges, and the number of Points required to obtain such benefits or privileges, shall be established by JCS and are subject to change.
Member acknowledges and agrees that:
- Points have no "real world" or cash value.
- Points have no purpose or use except in exchange for benefits or privileges (if any) offered by JCS via the Service.
- Redemption offers may be time-limited or available only in limited quantities.
- Redemption offers will be shipped (if applicable) to the address entered by the Member, provided it is within the 50 United States and D.C. Redemption offers may not be shipped to any country outside of the U.S. at this time.
- Points may only be used at the Rewards Program to which they apply and, therefore, cannot be redeemed at or transferred to Member's account at any other JCS program.
- Member's Points cannot be redeemed by, or sold or otherwise transferred to, any other Member of this Rewards Program.
- Upon termination of Member's registration for any reason, all Points are lost to the extent permitted by law, regardless of how they were acquired by Member.
- JCS's ability to accurately credit Points to Member's account based on Member's activities at social networking sites may be restricted by the terms, conditions or functions of such sites.
- Points are not valid unless earned in strict compliance with the requirements as established and intended by JCS, and Member shall not attempt to earn Points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.
- JCS's good faith determination of the amount of Points available to any Member hereunder shall be final and binding.
Except as expressly provided otherwise in the Terms of Service, JCS and each Member is solely responsible for any of its costs and expenses related to the Service.
JCS will determine whether (and how much) Members will be charged to access the Rewards Program and use the Service. If the Rewards Program and Service are initially made available without charge, JCS may later decide to charge for accessing or using some or all of the features of the Rewards Program and Service. In the case where a subscription or other fee is charged to access the Rewards Program or Service, JCS may later decide to change the price of that fee. Members will be notified of fee changes in accordance with Section 2. Member hereby agrees to pay all applicable fees for the Rewards Program and Services that are identified as fee-bearing, in the amounts, at the times and subject to the other payment terms specified by JCS.
The Rewards Program may include discussion forums or other features, where Members may upload, display or transmit user generated content and other information of interest to those Members (”Member Content”).
Because JCS does not review the substance of Member postings on the Rewards Program or other communications via the Service, every Member must be careful in dealing with other Members to avoid fraud. Member acknowledges that information provided by other Members may, despite the prohibitions set forth in the Terms of Service, be harmful, inaccurate or deceptive. Authentication of the true identity of Internet users is difficult, and so JCS cannot and does not confirm that each Member is the person who they claim to be.
JCS is not involved in Member-to-Member dealings and, therefore, each Member agrees, in connection with any use of the Service: (a) to release and hold harmless JCS and its respective parents, affiliates, subsidiaries, employees, contractors, officers, directors, members, partners and representatives from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with use of the Service by such Member (including any disputes with other Members using the Service); and (b) to attempt to settle any disputes directly with such other Member or other third party.
- Member Rules and Conduct.
The Service is provided to Members only for their personal, noncommercial use. Any unauthorized use of the Service (including without limitation, accessing the Rewards Program or other aspect of the Service for which the Member is not authorized, or any commercial use not expressly permitted in the Terms of Service, such as, for example, reselling any content or information to third parties) is expressly prohibited. Each Member is solely responsible for all acts or omissions that occur under its account, username or password, including Member Content posted to or transmitted via the Service.
As a condition of use, each Member hereby promises that it will not use the Service for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by the Terms of Service or any Other Agreement, or any other purpose not reasonably intended by JCS. Member agrees to abide by all applicable local, state, national and international laws, regulations and rules. Without limiting the foregoing, Members shall not use the Service for the purpose of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information.
By way of example, and not limitation, each Member agrees not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any Member Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, directory, survey, feedback or other service available on or through the Service, in any manner, that:
- is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane or which otherwise violates the Terms of Service or any Other Agreement;
- infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party;
- reveals any personal information about another individual, including another person's name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), chain letters or any form of lottery or gambling;
- imposes an unreasonable or disproportionately large load on JCS's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of JCS or any third party;
- creates Member accounts by any automated means or under false or misleading pretenses;
- harvests, scrapes or collects any information from the Rewards Program;
- disguises the source of Member Content posted by Member; or
- impersonates any person or entity, including any employee or representative of JCS or other Rewards Program Affiliate.
Member agrees that Points are not valid unless earned strictly in compliance with the requirements as established and intended by JCS, and Member shall not attempt to earn Points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. Members shall perform all of their obligations in respect of any Rewards Program transaction entered into in connection with using the Service.
JCS may, at its sole discretion, immediately suspend or terminate any Member's access to the Service should their conduct fail (or appear to fail) to strictly conform to any provision of this section.
JCS has no obligation to monitor the Service or any Member’s use thereof. However, JCS reserves the right at any time and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including law enforcement).
JCS has no obligation to pre-screen, authenticate, validate, monitor, moderate or edit any Member Content. However, JCS and its agents have the right, at their sole discretion, to remove at any time any Member Content that, in JCS's judgment, does not comply with the Terms of Service or any Other Agreement or otherwise appears harmful, objectionable or inaccurate. JCS is not responsible for any failure or delay in removing any such content. Member shall not post any confidential content or other proprietary information that it desires to or is under obligation to keep secret.
- Third Party Sites.
The Service may permit Members to access the Rewards Program from and to link from the Rewards Program to other websites on the Internet, including without limitation, a website affiliated with JCS. These other websites are not under JCS control, and Member acknowledges and agrees that JCS is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by JCS or any association with its operators. Additional or different terms and conditions may apply when Members are accessing and using such other websites.
- Participation in Promotions of Affiliates.
Any dealings by Members with JCS advertisers and other vendors (collectively, Rewards Program Affiliates) via the Service, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between the Member and Rewards Program Affiliate or other third party. JCS is not responsible or liable for any part of any such dealings or promotions.
- Proprietary Rights.
Member acknowledges and agrees that the Service and all content and materials created by or for JCS and made available through the Service are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and JCS (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by JCS, each Member agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Rewards Program, Service or such content and materials. However, unless the Service otherwise restricts the Member from doing so, Member may print or download a reasonable number of copies of the materials or content from the Rewards Program for the Member's personal, noncommercial purposes; provided, that Member retains all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from the Rewards Program by any Member to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without JCS's express prior written permission.
IMPORTANT: If Member desires to make any use of any Rewards Program content for any purpose other than personal, noncommercial reference, then Member shall first secure permission from the owner of that content.
Reproducing, copying or distributing any content, materials or design elements from the Rewards Program for any other purpose is strictly prohibited without JCS's express prior written permission. Attempting to access or use the Rewards Program, Service, content or materials for any purpose not expressly permitted in the Terms of Service is prohibited.
- License to JCS.
By uploading, posting, submitting or otherwise distributing Member Content of any kind to the Rewards Program, each Member hereby:
- grants and agrees to grant to JCS and their affiliates and licensees a non-exclusive, transferable, perpetual, irrevocable, non-exclusive, royalty-free right and license (with right to sublicense) to use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, promote and make derivative works of the Member Content, in any form, solely for the purposes of offering, providing, marketing and promoting the Rewards Program, Service and JCS products (including without limitation, being exported under content sharing arrangements with other websites); and
- represents and warrants that all Member Content includes appropriate attribution to the copyright owner; and
- represents and warrants to JCS that Member owns or otherwise controls all rights to such Member Content and that public disclosure and use of the Member Content by JCS (including without limitation, publishing content at the Program) will not infringe or violate the rights of any third party; and
- acknowledges and agrees that the Member Content is intended to and will be made available to, and used by JCS.
IMPORTANT: Member agrees that he or she will not contribute any Member Content unless Member has all of the rights (including rights from the copyright owner) necessary to grant JCS the use license, and to satisfy all of the warranty requirements described above.
Notwithstanding the foregoing, the Service may provide each Member with the ability to remove some or all of the Member Content posted to the Rewards Program by such Member. Following any such removal, JCS will use commercially reasonable efforts to discontinue any further display, performance and distribution of such Member Content by JCS at the Rewards Program; provided, however, Member acknowledges and agrees that JCS may continue using such Member Content in the same manner and for the same purposes as it did prior to removal of such content (such as, for example, content used in any advertising created prior to removal) and that JCS shall have no responsibility or liability in respect of any content that has been exported by JCS or shared with other Members via the Service or that has been downloaded or copied by other Members to other websites, systems and devices.
JCS may terminate any Member's access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If Member wishes to terminate its registration and account, Member may do so by calling the JCS Customer Care Team at 1-877-777-8042, during normal business hours Monday - Friday.
Upon any termination, all rights and obligations of the parties shall cease and Member shall immediately cease using the Service, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of the Terms of Service shall survive and (b) the provisions of Sections 12 – 23 shall survive. After termination, JCS has no obligation to maintain any content in Member's account (including without limitation, records regarding Member's Points, which will be irrevocably forfeited) or to forward any unread or unsent messages to Member.
- Disclaimer of All Warranties.
THE REWARDS PROGRAM AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE PROGRAM AND SERVICE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. JCS AND ITS RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. MEMBER’S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK.
- Limitation of Liability.
Member agrees that JCS shall not be responsible or liable for any unauthorized access to, alteration or use of Member's account, transmissions or data, any material or data sent or received or not sent or received through the Service. Member agrees that JCS is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights.
IN NO EVENT SHALL JCS NOR ANY OF ITS RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE REWARDS PROGRAM OR SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF JCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY.
Member agrees to (a) defend JCS and its respective employees, contractors, officers, directors, members, partners and representatives against any action or suit by a third party that arises out of any transaction with JCS or other Rewards Program Affiliate or other member in which Member is involved, Member’s use or misuse of the Service, or Member’s breach of any of its representations, warranties or covenants under the Terms of Service and (b) indemnify JCS for any settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim. JCS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member, in which event Member will assist and cooperate with JCS in asserting any available defenses.
- International Use.
JCS makes no representation that the Service is appropriate or legally available for use in locations outside the United States, and accessing and using the Service is prohibited from territories where doing so would be illegal. Members that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws.
- Integration and Severability.
The Terms of Service (including the Policies, and together with any Other Agreements) are the entire agreement between Member and JCS with respect to the Service and use of the Rewards Program, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Member and JCS with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
- General Provisions.
Member's rights and obligations under the Terms of Service are personal to Member, and are not assignable, transferable or subject to sublicense by Member except with JCS's prior written consent. JCS may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
- Copyright and Trademark Notices.
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright of JCS or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, JCS is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America (or other applicable jurisdictions).
- Procedure for Claims of Copyright Infringement.
Notification must be submitted to the following Designated Agent:
Service Provider(s): Sunbeam Products, Inc. doing business as Jarden Consumer Solutions
Name of Agent Designated to Receive Notification of Claimed Infringement: Copyright Agent
Full Address of Designated Agent to Which Notification Should Be Sent: 2381 Executive Center Drive, Boca Raton, Florida 33431
E-mail Address of Designated Agent: firstname.lastname@example.org
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
© Sunbeam Products, Inc. doing business as Jarden Consumer Solutions. All rights reserved.