TERMS AND CONDITIONS Society of Intrepid Foodies™ by Central Market
In the fearless pursuit of flavor lies great reward.


Welcome to  the Society of Intrepid Foodies™ by Central Market.  Thank you for joining this straightforward program that gives you something back for shopping at Central Market. These Terms and Conditions (which may change occasionally) are the complete agreement by which you will participate in the program. These Terms and Conditions describe the way you accumulate points and receive benefits. To get the most out of the Society of Intrepid Foodies™ by Central Market, please read this document and make sure that you understand it. These Terms and Conditions may be different from what you may have previously read or heard about the program. By enrolling in the Society of Intrepid Foodies™ by Central Market or by collecting points, you agree that you have read and understand these Terms and Conditions and that you agree to and are bound by all of them.

1. Description of the Society of Intrepid Foodies™ by Central Market


DEFINITIONS
Here are some terms used in this document, to help you understand it better:
• We refer to the Society of Intrepid Foodies™ by Central Market as the “Program”.
• The points earned in the Society of Intrepid Foodies™ by Central Market are simply called “Points”.
• People who have enrolled with us to collect points are “Members”.
• The Member reading this document is referred to as “you”, “your” or “yourself”.
• The operator of the Program, Central Market, a division of H-E-B Grocery Company LP, is referred to as Central Market, “we”, “us” or “our”.
• We refer to our website at www.FoodieClub.com as the “Site”.


THE PROGRAM
We value your membership, so please take a minute to read the following details about the Program.
• To become a Member, you must be at least 16 years of age and have a valid  Texas address.
• You may collect Points and redeem certificates at the Central Market store located at 3815 Westheimer in Houston, Texas.
• We will issue two cards and three key tags to each household when a Member of the household enrolls in the Program. We ask that you distribute these cards among your household members. We will award Points allocated to the two cards and three key tags to the household’s account. If you need additional cards for your household, please contact us by phone at 1-866-549-7060 or visit the store’s information desk.
• There is currently no charge for the first two cards issued to the same account. Due to operating costs, we may charge a fee for additional or replacement cards. Please contact us immediately at 1-866-549-7060 or visit the store’s information desk.
• Please realize that Points are our property, and will only be credited to your account. Points cannot be traded, mortgaged, bartered, licensed or disposed of, and you may be legally prevented from doing so. Points are not transferable on death, as part of a divorce or other domestic relationship matter or otherwise by operation of law. We may cancel any Points that you attempt to transfer in violation of these Terms and Conditions. We will issue Foodie Cash to you every three months, at which time, previously accumulated points will be cancelled.
• Membership in the Program and its benefits are offered at our sole discretion. We may, at any time, terminate the Program, impose fees or charges or change these Terms and Conditions or any aspect of the Program in any respect, all without notice, even though changes may affect the value of points already accumulated.


POINTS
• The Program operates only in the United States. You are only entitled to collect Points from the Central Market store located at 3815 Westheimer in Houston, Texas.
• To earn Points on any transaction, provide your card or key tag to the checker upon checkout.
• If you forget your card or key tag, please call the Society of Intrepid Foodies™ by Central Market at 1-866-549-7060 or log on to www.FoodieClub.com, and have your account number and transaction number, located on the receipt, available.
• You will earn one (1) point for each dollar ($1) you spend using your card. Bonus points vary and are determined solely by Central Market.
• Points are not earned when purchase is made with WIC, Food Stamps, Foodie Cash and Gift Cards.
• Alcoholic beverages, lottery sales, portions of a pharmacy prescription paid by insurance, gift card redemptions and sales tax amounts are not eligible to earn points through the Program.
• Keep in mind Central Market determines the conditions under which it will permit you to earn points and may change those conditions at any time and without notice.
• You are responsible for and must pay all taxes, fees and other charges imposed with respect to your collection of points, if any.
• We will only credit your account with points you earn by shopping with us. We are not responsible for any delay or error in recording points to your account.
• We may refuse to record or honor points in your account, or if already recorded, may cancel points, if we cannot confirm that they were properly issued or obtained. In particular, but without limitation, we may cancel recorded points if we believe that they were obtained by fraud or theft.
• We may also terminate your enrollment in the Program and cancel all points in your account if no points are collected in or redeemed from your account for 24 months or more, if you become bankrupt, if you do not comply with any of these Terms and Conditions or if you otherwise abuse your Program privileges or act to the Program’s detriment (in our sole opinion). Any such action by us does not affect any other rights we may have against you. If a point expires or is cancelled for any reason, it becomes void without compensation.
• If at any time within 30 days following the date an account statement is issued you believe that the number of points in your account is incorrect, please contact us, toll free, at 1-866-549-7060. Otherwise, our  records will be deemed to be correct except for excess points improperly recorded in your account.


GETTING YOUR FOODIE CASH
• Every three months, we will issue Foodie Cash for points accumulated in the Program.
• The certificates are good for the valid date noted on each certificate.
• Business Center transactions, alcohol or lottery tickets may not be paid for with the certificates.
• Points do not accrue on purchases made with the certificates.
• You may forward your certificates to another member, or an enrolled school or an enrolled charity organization.
• You can only use your Points to purchase products (other than Business Center transactions, alcohol or lottery tickets) at the Central Market store at 3815 Westheimer in Houston, Texas. You cannot redeem your Points for cash or currency but may use them soley for purchases of products at our stores.
• We are not responsible for lost or stolen Foodie Cash.
• We may add, delete or change time limits within which points must be redeemed, the way in which points can be earned, the number of points required for particular rewards, or the advance time required to obtain rewards. You are bound by all procedures and conditions that we establish from time to time regarding the Program.


CUSTOMER SERVICE
• You may contact our customer service center via the Site or by calling our toll free number: 1-866-549-7060.
• Our service center is open seven days a week, 24 hours a day, except for holidays.
•  Please contact us if you need to:
    • Report a lost or stolen card
    • Change your address, name and/or password
    • Order additional cards
    • Have any questions


2. Disclaimers
• THE PROGRAM IS PROVIDED ON THE EXPRESS CONDITION THAT NEITHER WE NOR ANY OF OUR OFFICERS, EMPLOYEES OR DIRECTORS HAVE ANY RESPONSIBILITY OR LIABILITY OF ANY NATURE FOR ANY EXPENSE, LOSS, INJURY OR OTHER CLAIM OR DAMAGE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THE PROGRAM.
• THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.


3. Limitation of Liability
A COVERED PARTY (DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY EXPENSE, LOSS, INJURY OR OTHER CLAIM OR DAMAGE INCURRED, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS, HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE (INCLUDING UNDER CONTRACT OR BY TORT LAW), IN CONNECTION WITH: (i) THE PROGRAM; (ii) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE PROGRAM OR AMENDING THESE TERMS AND CONDITIONS; (iii) THE USE OF OR INABILITY TO USE OUR SITE OR SERVICE CENTER; OR (iv) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF SPONSORS OR REWARDS SUPPLIERS, EVEN IF A COVERED PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES AND NOT WITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, ANY FUNDAMENTAL BREACH OR ANY BREACH OF A FUNDAMENTAL TERM. “COVERED PARTY” MEANS CENTRAL MARKET AND H-E-B GROCERY COMPANY LP, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF ANY OF THEM. IN ANY EVENT, ANY LIABILITY WE MAY HAVE TO YOU FOR ANY NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE UNDER ANY CIRCUMSTANCES, IS LIMITED TO CREDITING YOUR ACCOUNT WITH THE NUMBER OF POINTS YOU REDEEMED IN CONNECTION WITH SUCH CIRCUMSTANCES.


4. Governing Laws in Case of Dispute;  Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, USA, as they apply to agreements made and solely performed therein and without reference to conflicts of laws provisions. Disputes arising hereunder or in any way related to the Program shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Texas located in Bexar County, and jurisdiction therefore shall rest solely in Texas, USA.


5. Changes to the Program, Site and these Terms and Conditions
These Terms and Conditions may be changed by us with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change.


6. Communications
Any communication or other information sent to us via electronic mail or otherwise in connection with your use of the Program or the Site, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by us for any purpose without compensation. Your disclosure of such communication shall constitute an assignment of all right, title and interest in such information to Central Market and H-E-B Grocery Company LP.


7. Miscellaneous
• All materials and any notices will be sent to your address according to our records. If you change your address, please inform us.
• We are the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Program or any reward.
• We will not be taken to have waived any of our rights even if we redeem points when not required.
• If any provision of these Terms and Conditions is found invalid or unenforceable, the other provisions of these Terms and Conditions will remain in full force and effect.
• These Terms and Conditions (as they may be changed by us from time to time) constitute the entire agreement between you and us regarding your participation in the Program, your entitlement to collect and redeem points and your entitlement to any other benefits of the Program. To the maximum extent permitted by law, we exclude all conditions, representations, warranties and other terms which might otherwise be implied into or incorporated into these Terms and Conditions, whether by statute, common law or otherwise, including, but not limited to, implied warranties and terms as to merchantability, satisfactory quality, fitness for any particular purpose, and non-infringement with respect to any rewards, and implied warranties and terms arising from course of dealing or course of performance. We are not responsible for any statement or claim any third party may make about the Program.
• Please contact us regularly and visit the Site to see if these Terms and Conditions have been replaced by current ones.
• You may contact us with any other questions or comments at:

Direct Mail Address:
Central Market Affinity Program
P.O. Box 940040
Houston, TX 77094-9914

E-Mail Address:
memberservices@FoodieClub.com

Telephone:
Society of Intrepid Foodies™  
by CENTRAL MARKET
1-866-549-7060
OR
Privacy Office
San Antonio, Texas 210-938-4923
Outside of San Antonio 866-432-4318


8. If You Do Not Agree
BY PARTICIPATING IN THE PROGRAM, YOU EXPRESSLY AGREE TO THESE TERMS AND CONDITIONS. IF YOU ENROLLED IN THE PROGRAM ELECTRONICALLY VIA THE SITE AND/OR ARE VIEWING THESE TERMS AND CONDITIONS ONLINE VIA OUR SITE AND/OR CHOOSE TO COMMUNICATE WITH US USING EMAIL OR OTHERWISE CONDUCT TRANSACTIONS WITH US ELECTRONICALLY, THEN YOU EXPRESSLY CONSENT TO RECEIVING OR ACCESSING RECORDS RELATING TO THE PROGRAM AND/OR YOUR ACCOUNT AND/OR OTHERWISE ADMINISTERING YOUR ACCOUNT ELECTRONICALLY, AS DETERMINED BY US. YOU MAY WITHDRAW THIS CONSENT AT ANY TIME BY CONTACTING US AND REQUESTING PAPER RECORDS ONLY OR TERMINATING YOUR ACCOUNT. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITE AND OF THE PROGRAM.

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