Terms and Conditions

Friends of fresh&easy Rewards Program Member Agreement

This Friends of fresh&easy Rewards Program Member Agreement contains terms and conditions (these "Terms and Conditions") applicable to the Friends of fresh&easy Rewards Program (the "Program") and the Friends of fresh&easy Rewards Card. In these Terms and Conditions, the "Card" means the Friends of fresh&easy Rewards Card issued by Fresh & Easy Neighborhood Market Inc. ("Fresh & Easy"). "You" and "your" refer to the person who has purchased or received, or is authorized to use, the Card. "We," "us," and "our" refer to Fresh & Easy. Please read these Terms and Conditions carefully and keep a copy for your records. By using your Card, you agree to be bound by these Terms and Conditions.

1. Program Membership Qualifications

You must be an individual of at least eighteen (18) years of age and reside in the United States in order to register for the Program and use the Card. Only retail consumers may register for the Program.

2. Online Registration for Program

You may register for the Program and create your account profile online at www.freshandeasy.com/friends. Your account will include a primary Card and, subject to Section 12, any additional Cards linked to the email address in your account profile that have not been marked as lost, stolen, or damaged.

3. Mail-in Registration for Program

As an alternative to the online registration process, you may register for the Program by obtaining an application form at any Fresh & Easy store and mailing the completed form to the address indicated on the form. Once Fresh & Easy receives and processes the completed form, we will create your partial account profile based on the information contained in your completed form. Please allow us up to fourteen (14) days to process the completed form. We will then send you an email containing a link to and password for you to access a website to complete your account profile and the registration process. The email will also contain details for you to opt in to the Program.

4. Opt-In Process for Program

You must opt in to the Program in order to convert rewards points ("Points") into rewards ("Rewards"). Once you have registered for the Program, you may opt in to the Program by opting in to the Program during the online registration process, by accessing a website via the link contained in the email you receive as part of the mail-in registration process, or by visiting www.freshandeasy.com/friends. In order to opt in to the Program, you must link the email address in your account profile to your Card number. The same email address may only be included in one account profile. We will only send email communications regarding Points and Rewards balances to members who have opted in to the Program. Upon your opt-in to the Program, we will send a one-time confirmation email to the address in your account profile indicating the then-current balance of your Points and Rewards.

5. Earning of Points

You do not need to register for or opt in to the Program to earn Points; however, you must register for and opt in to the Program to convert Points into Rewards. You can start earning Points as soon as you pick up a Card at any Fresh & Easy store and make qualifying purchases. You will earn one (1) Point for every full dollar you spend (after any applicable discounts) at any Fresh & Easy store, subject to certain exclusions. For example, if you spend $125.83 on qualifying purchases, you will earn 125 Points. You will not earn Points for purchases of gift certificates, gift cards, prepaid cards, stored value cards, fluid milk, or alcohol or for taxes or cash redemption value.

You must either scan your Card or enter your telephone number at the register at the time of purchase to earn Points. If you are not able to scan your Card or enter your telephone number at the register properly, please request assistance from a staff member at the Fresh & Easy store before completing your purchase. Points earned will be posted to your account not later than forty-eight (48) hours after the applicable qualifying purchase. The Points available at any time in your account will equal the aggregate amount of Points earned, less (a) the aggregate amount of Points converted into Rewards and (b) the aggregate amount of expired Points (the "Available Points Balance").

6. Bonus Points Promotions

We may from time to time offer certain promotions ("Promotions") to earn additional Points (e.g., double points weekend) in accordance with the terms and conditions of each respective Promotion, including, without limitation, qualifying purchases and applicable Promotion periods. If you have opted in to the Program, we may notify you of available Promotions by sending an email to the address in your account profile. Any Points earned in connection with a Promotion will be posted to your account not later than forty-eight (48) hours after the applicable qualifying purchase. Promotions will expire on their applicable expiration dates.

7. Points Coupons

We may from time to time offer certain coupons ("Coupons") to earn additional Points in accordance with the terms and conditions of each respective Coupon, including, without limitation, qualifying purchases and applicable Coupon expiration dates. If you have opted in to the Program, we may notify you of available Coupons by sending an email to the address in your account profile. The email may contain a link for you to access a website to select Coupons to be loaded onto all Cards linked to your account. You may have up to a maximum of six (6) Coupons loaded onto your Card at any given time. At the time of purchase, you shall earn Points if you have taken the specific action required by any Coupon loaded onto your Card (e.g., a coupon for double points if you purchase a particular item). Any Points earned in connection with the use of a Coupon will be posted to your account not later than forty-eight (48) hours after the applicable qualifying purchase. Coupons will expire on their applicable expiration dates, and we will automatically remove any Coupon from all Cards linked to your account upon the expiration date of the Coupon.

8. Conversion of Points into Rewards

You may convert Points into Rewards online at www.freshandeasy.com/friends. Every one hundred (100) Points will be converted into a one dollar ($1.00) Reward. You must accrue a minimum of 500 Points in order to convert Points into Rewards. Each Reward must be a minimum of $5.00 in value. Rewards will only be issued in full dollar amounts. Each time you convert Points, you must convert the maximum number of accrued Points in your account as possible. For example, if you have accrued 737 Points in your account when you elect to convert your Points into Rewards, you must convert 700 Points into a $7.00 Reward, and thirty-seven (37) Points will remain in your account. Rewards will be loaded to your primary Card not later than forty-eight (48) hours after conversion. The Rewards available on your primary Card at any time will equal the aggregate amount of Rewards loaded to your primary Card, less (a) the aggregate amount of redeemed Rewards and (b) the aggregate amount of expired Rewards ("Available Rewards Balance").

9. Reward Redemption

You may only redeem Rewards to make purchases at any Fresh & Easy store, subject to certain exclusions. You may not redeem Rewards to purchase gift certificates, gift cards, prepaid cards, stored value cards, fluid milk, or alcohol. Additionally, you may not redeem Rewards for cash, except as required by law. Each time you redeem Rewards, we will deduct the amount of the redeemed Rewards from the Available Rewards Balance on your primary Card. In the event that the Available Rewards Balance on your primary Card is less than the purchase amount, you must redeem all (and not a portion) of the Available Rewards Balance and use another payment method to pay for the remaining balance of the purchase amount at the time of purchase. You must swipe your primary Card at the register at the time of purchase in order to redeem Rewards. If you are not able to swipe your Card at the register properly, please request assistance from a staff member at the Fresh & Easy store before completing your purchase.

10. Expiration of Points

Points earned between January 1st and September 30th of any calendar year shall expire on December 31st of that calendar year. Points earned between October 1st and December 31st of any calendar year shall expire on December 31st of the following calendar year. You may check the expiration dates for the Available Points Balance in your account online at www.freshandeasy.com/friends or over the telephone at (877) 338-6546 between 8:00 a.m. and 9:00 p.m. Pacific Time daily (excluding national holidays).

11. Expiration of Rewards

Rewards shall expire ninety (90) days following the last conversion of Points. For example, if you convert 500 Points on February 28th and another 600 Points on May 15th, the Available Rewards Balance on your primary Card would expire on August 13th. You may check the expiration date for the Available Rewards Balance on your primary Card online at www.freshandeasy.com/friends or over the telephone at (877) 338-6546 between 8:00 a.m. and 9:00 p.m. Pacific Time daily (excluding national holidays).

12. Additional Cards

You may link up to three (3) Cards to the email address in your account profile: one (1) primary Card and two (2) additional Cards. While you will earn Points for qualifying purchases made with all three (3) Cards, all Rewards converted from the aggregate Points earned on all three (3) Cards will be loaded only onto the primary Card. You may not change which Card linked to the email address in your account profile is the primary Card unless you mark (or instruct us to mark) the original primary Card as lost, stolen, or damaged.

13. Lost, Stolen, or Damaged Cards

Protect your Card like cash. We are not responsible for any lost, stolen, or damaged Cards. If you believe your Card has been lost, stolen, or damaged, you may notify us (a) online at www.freshandeasy.com/friends by marking the status of your Card as lost, stolen, or damaged or (b) over the telephone at (877) 338-6546 between 8:00 a.m. and 9:00 p.m. Pacific Time daily (excluding national holidays), and instructing us to mark the status of your Card as lost, stolen, or damaged. Upon receipt of such notification, we will deactivate your Card. Once we have deactivated your Card, you may pick up a new Card at any Fresh & Easy store and link your new Card number to the email address in your account profile online at www.freshandeasy.com/friends. If your lost, stolen, or damaged Card has an Available Rewards Balance at the time we deactivate it, you may request that we transfer the Available Rewards Balance to your new Card (after you have linked it to the email address in your account profile) by calling us at (877) 338-6546 between 8:00 a.m. and 9:00 p.m. Pacific Time daily (excluding national holidays). We will transfer the Available Rewards Balance to your new Card not later than forty-eight (48) hours after receiving your request.

14. Balance Inquiry and Transaction History

You may check the Available Points Balance in your account and the Available Rewards Balance on your primary Card online at www.freshandeasy.com/friends or over the telephone at (877) 338-6546 between 8:00 a.m. and 9:00 p.m. Pacific Time daily (excluding national holidays). Your Available Points Balance and Available Rewards Balance shall equal the amounts reflected in our records, unless you can prove otherwise to our satisfaction. You may also check the transaction history for the purchases for which you earned Points (including in connection with Promotions and Coupons) online at www.freshandeasy.com/friends (limited to purchases made within the previous twelve (12) months) or over the telephone at (877) 338-6546 between 8:00 a.m. and 9:00 p.m. Pacific Time daily (excluding national holidays).

15. Opt-Out of Program

You may opt out of the Program by calling us at (877) 338-6546 between 8:00 a.m. and 9:00 p.m. Pacific Time daily (excluding national holidays). Once you have opted out of the Program, you may not use your Card to earn Points, and you must surrender your Card to us upon request. Once you have opted out of the Program, notwithstanding anything to the contrary set forth in these Terms and Conditions, you may not convert any Available Points Balance in your account, and all Points underlying any Available Points Balance in your account shall expire immediately. You may continue to redeem the Available Rewards Balance on your primary Card prior to the expiration date of the underlying Rewards.

16. No Transfers

Points and Rewards may not be transferred.

17. Revocation and Termination of Card or Program

We reserve the right to cancel, terminate, suspend, or revoke the use of your Card and your account at any time in our discretion, without prior notice, subject to applicable law. We may do so, for example, if we believe the Card is lost, stolen, destroyed, or counterfeit or if there is a dispute over the Card's ownership. You may not use a cancelled, terminated, suspended, or revoked Card to earn Points or redeem Rewards, and you must surrender any cancelled, terminated, suspended, or revoked Card to us upon request.

We reserve the right to cancel, terminate, or suspend the Program at any time in our discretion, upon thirty (30) days' prior notice. Upon termination of the Program, you may not use your Card to earn Points, and you must surrender your Card to us upon request. Upon termination of the Program, you may convert the Available Points Balance in your account (subject to the minimum 500-Point conversion requirement) prior to the expiration dates of the underlying Points and continue to redeem the Available Rewards Balance on your primary Card prior to the expiration date of the underlying Rewards.

18. Disclosure of Information to Third Parties

In accordance with California law, we do not sell or share a Friends of fresh&easy Rewards Program member's name, address, telephone number, or other personal identification information with the limited exception of providing names and addresses of cardholders to a third party for purposes of mailing supermarket club card information to cardholders on our behalf and to our contract information services providers. These third parties are contractually prohibited from using the information for any other purposes.

19. Refund Policy

In the event that you return any item that you previously purchased using a method of payment other than Rewards with respect to which you earned Points, we reserve the right to deduct such Points from your Available Points Balance.

20. Amendments

To the extent permitted by law, we may amend these Terms and Conditions at any time by posting updated or revised Terms and Conditions at www.freshandeasy.com/friends. Please check www.freshandeasy.com/friends frequently for any updates or revisions to these Terms and Conditions. Unless otherwise indicated by us, any amendments shall apply to outstanding Cards and any Card transactions occurring on or after the effective date of the amendments. Except where prohibited by law, use of your Card after the effective date of any amendment shall confirm that you agree to the amendment. If you do not agree to an amendment, you must stop using your Card and opt out of the Program in accordance with Section 15.

21. Severability/No Waiver

If any provision of these Terms and Conditions shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms and Conditions.

22. Disputes and Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules. Except as otherwise provided herein, any and all disputes, claims, or controversies arising out of or related to these Terms and Conditions, this website, or any content on this website not otherwise resolved by you and Fresh & Easy shall be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. The arbitrator's authority to resolve disputes and to make awards shall be limited to disputes between you and Fresh & Easy alone, with no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Exclusive jurisdiction and venue in connection with any dispute between you and Fresh & Easy shall lie in the United States District for the Central District of California located in Los Angeles County. Only if for some reason such federal court does not have jurisdiction over such dispute, then jurisdiction shall be in the Superior Court of California for the County of Los Angeles in the Santa Monica branch. Any cause of action you may have with respect to these Terms and Conditions, this website, or any content on this website must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action shall be barred.