Foodservice Equipment Distributors Association (FEDA) Terms of Use

Our website, available at www.feda.com (the “Website”), is provided to you by the Foodservice Equipment Distributors Association (“FEDA,” “we,” “us,” or “our”). As further set out in Section 1.1 (Application of These Terms), these Terms of Use (these “Terms”) apply to any person who accesses, uses, or visits the Website (“you” or “your”). These Terms govern your use of the Website and the information, products, documents, and services offered through the Website (collectively, the “Services”).

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS, USE, OR VISIT OUR WEBSITE OR ACCESS, USE, OR RECEIVE SERVICES. BY ACCESSING, USING, OR VISITING THE WEBSITE OR BY ACCESSING, USING, OR RECEIVING SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS, USE, OR VISIT OUR WEBSITE OR ACCESS, USE, OR RECEIVE SERVICES.

1.           Scope of these Terms; Privacy Policy.

              1.1.        Application of These Terms. These Terms apply to you regardless of how you access, use, or visit the Website or otherwise access, use, or receive Services, whether you are (i) any user who has registered for an account on this Website or another mechanism made available to you by FEDA (each, a “Registered User”), or (ii) any other person who access, uses, or visits our Website who is not a Registered User (each, a “Site Visitor”).

              1.2.        Your Agreement to These Terms. Please read these Terms carefully as they impose legal obligations on you and us. By accessing, using, or visiting our Website or accessing, using, or receiving the Services, you acknowledge and agree to be legally bound by these Terms. In addition, for certain activities on the Website, we may further confirm your consent to these Terms by asking you to click an “I accept” or similar button. If you are agreeing to our Terms on behalf of a company or other legal entity (“Your Organization”), then (i) you represent and warrant that you have authority to act on behalf of, and to bind, Your Organization, and (ii) for all purposes of these Terms, the term “you” means Your Organization on whose behalf you are acting. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS, USE, OR VISIT OUR WEBSITE OR ACCESS, USE, OR RECEIVE THE SERVICES.

              1.3.        Privacy Policy. In addition to these Terms, we publish a Privacy Policy that explains how we collect, use, share, and protect information that you provide to us, including your personal information. Although not a part of these Terms, we encourage you to read the Privacy Policy, which is located here: FEDA Privacy Policy.

2.           Registered Users - Registration; Obtaining a Password; Account Maintenance.

              2.1.        Registration. FEDA may make certain portions of the Website and Services available to you after you become a Registered User. To become a Registered User, we may require that you provide us with certain information so we can create your account. It is a condition of your use of the Website or Services that all information you provide to us is correct, current, and complete, and that you have the authority to provide such information to us. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.

              2.2.        Obtaining a Password; Use of Your Password. If you are a Registered User and you obtain or create a username and password for use with the Website or Services, please keep in mind that we will treat anyone who uses your username and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for user activities associated with your username and password. We therefore recommend that you maintain your username and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to your use of our Website or Services. Please notify us immediately using the method set out in Section 19 (Contact Us) if you suspect that someone is using your username and password in an inappropriate manner. You shall be solely responsible for any use of your username and password, whether you have authorized such use and whether or not you are negligent.

              2.3.        Account Maintenance. If you are a Registered User, then your account may include certain information regarding your membership with FEDA, including primary and billing contacts and company payment information. You are in the best position to discover and report any discrepancies involving your account and the information provided to you. You agree to review your account information regularly and when we make any statements or information available to you. You also agree to notify us as soon as possible of any error, discrepancy, or unauthorized transaction you discover.

              2.4.        Fees and Taxes. FEDA may provide Registered Users with the ability to pay certain fees via the Website (the “Fees”). You agree that all Fees paid by you are non-refundable. All Fees are stated exclusive of taxes. FEDA may charge you for, and you shall pay, all taxes, assessments, charges, duties, or levies imposed by any taxing authority relating to the Fees. You are not required to pay or reimburse FEDA for any of FEDA’s employment taxes or any taxes imposed on or measured by FEDA’s net or gross income or property ownership.

3.           Our Grant of Rights to You. Based on your agreement to comply with these Terms and subject to your compliance with these Terms, we grant you the right to access and use (a) all publicly available information on the Website and, if you are a Registered User, password-protected areas of our Website for Registered Users, (b) Website Content (as defined in Section 4 (FEDA Ownership; Reservation of Rights) below), and (c) Services in order to: (i) learn more about FEDA and our offerings; (ii) access and use the Services or Website; (iii) provide information to us through our Website or Services; and (iv) download and print materials provided on our Website, all solely for your personal, non-commercial use (collectively, the “General Permitted Purposes”). We strictly prohibit use of the Website, Website Content, and Services for any purpose other than the General Permitted Purposes. If you breach any of these terms, then the above license will terminate automatically, and you must immediately cease your access and use to the Website, Website Content, and Services.

4.           FEDA Ownership; Reservation of Rights. As between you and us, except for Submitted Content, all information, software, artwork, trademarks, text, video, audio, pictures, logos, screens, and other content on the Website or embodied in our Services, including all associated intellectual property rights (collectively, the “Website Content”), are the property of FEDA and its licensors, are protected by U.S. and international copyright and other intellectual property laws, or are used under principles of fair use. For the avoidance of doubt, the term “Website Content” expressly excludes Submitted Content. FEDA and its licensors retain all rights with respect to the Website, Website Content, and Services except those expressly granted to you in these Terms. For the avoidance of doubt, this includes the right to withdraw, amend, or modify the Website, Services, Website Content, or any other materials we provided on the Website in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time for any period. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the Website, Services, Website Content, or any other material available through the Website or Services unless specifically authorized by these Terms or in writing to do so by FEDA.

5.           Submitted Content. The term “Submitted Content” means information, text, video, audio, pictures, logos, or other content or materials that you submit to our Website or otherwise make available to us, including, but not limited to: (i) feedback, questions, comments, and suggestions you provide to us via the Website or Services; (ii) word documents, PDFs, and other information or data that you provide to us; and (iii) any other information or materials you provide to us or post directly or indirectly on our Website.

              5.1.        Grant of Rights in Submitted Content. By providing Submitted Content, and subject to your rights in personal information set out in the applicable Privacy Policy, you authorize us to copy, modify, display, distribute, perform, use, and otherwise exercise applicable rights in the Submitted Content without compensation to you and for so long as we deem warranted (collectively, the “Use Rights”). In addition, you authorize us to permit third-parties to exercise these Use Rights as necessary. By way of example, the Use Rights include, unless otherwise prohibited by the Privacy Policy or applicable law, the right for us to publish Submitted Content on our Website in whole or in part, and whether cropped, adopted, altered, or otherwise manipulated, for as long as we choose.

              5.2.        Requisite Permission for Providing Submitted Content. By providing Submitted Content, you represent and warrant to us that you either own such Submitted Content (including any copyright and other intellectual property rights therein) or have obtained sufficient authority, consents and rights in and to the Submitted Content to provide the Use Rights.

              5.3.        Submitted Content Containing Personal Information. If you provide Submitted Content to the Website that includes personal information, then we will treat such Submitted Content in accordance with such applicable Privacy Policy.

              5.4.        Right to Decline Submitted Content. We expressly reserve the right to, in our sole discretion, refuse to use (or to disable or remove) Submitted Content that for any reason, including if we conclude, in our sole discretion, that such Submitted Content violates these Terms, applicable law, or is incompatible or inconsistent with the purposes of our Website, Services, or our operations.

6.           Code of Conduct; Revocation or Suspension of Use Privileges. You agree to comply with these Terms and to follow our code of conduct (the “Code of Conduct”). Under the Code of Conduct, you shall not (as determined by FEDA in its sole discretion):

• Use the Website or Services for purposes that are unlawful, obscene, harmful, hateful, invasive of the privacy of others, objectionable, or otherwise prohibited by these Terms;
• Use the Website in a manner that could disable, overburden, or impair the Website or Services or interfere with another party’s use and enjoyment of the Website and Services, such as through sending “spam”;
• Seek to obtain access to any Services, materials, accounts, or information through hacking, data harvesting, data mining, or through other means we have not intentionally made available to you through the Website or Services;
• Use the Website or Services for any profit-making activities; or
• Infringe, misappropriate, or violate FEDA’s or any third-party’s copyright, patent, trademark, trade secret, or other intellectual property rights, proprietary rights or rights of publicity or privacy.

We reserve the right at any time to terminate or suspend your use of some or all of the Website or Services immediately without notice if you engage in activities that we conclude, in our sole discretion, breach our Code of Conduct or otherwise violate these Terms or the applicable Privacy Policy.

7.           Links to Third-Party Websites. Our Website or Services may contain links or references to third-party websites, services, content, or other material. We have no control over these other websites, services, content, or other material and do not assume responsibility or liability for any such websites, services, or the content, opinions, or material available on them. We do not endorse the content, opinions, or materials of any third-party website, nor do we warrant that a third-party site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. If you access any third-party site through the Website, Website Content, or Services, then please be aware that you are doing so at your own risk. We encourage you to review any such third-party website’s terms of use and privacy policy as those, and not our Terms and Privacy Policy, are applicable to your use of such third-party website and any information that the operator of such third-party website collects from you.

8.           Disclaimers.

              8.1.        Website Features. Although FEDA has used commercially reasonable efforts to provide you with clear and accurate information, THE FEATURES OF THE WEBSITE, INCLUDING THE SERVICES AND WEBSITE CONTENT, ARE BEING PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT TO BE RELIED ON FOR ANY PURPOSES. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT FEDA AND ITS LICENSORS AND THEIR SERVICE PROVIDERS SHALL NOT BE BOUND BY ANY INFORMATION ON THE WEBSITE, INCLUDING THE SERVICES AND WEBSITE CONTENT. ADDITIONALLY, THE WEBSITE, SERVICES, AND WEBSITE CONTENT ARE NOT A SUBSTITUTE FOR LEGAL OR TAX ADVICE. FEDA AND ITS LICENSORS AND THEIR SERVICE PROVIDERS DO NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR WITHOUT INACCURACIES. THE WEBSITE, WEBSITE CONTENT, AND SERVICES ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE OR WEBSITE CONTENT, OR USE THE SERVICES, YOU DO SO AT YOUR OWN RISK. FEDA AND ITS LICENSORS AND SERVICE PROVIDERS DO NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES OR INACCURACIES.

              8.2.        Warranty Disclaimers. FEDA AND ITS LICENSORS AND THEIR SERVICE PROVIDERS DISCLAIM: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR SERVICES; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, SERVICES, AND WEBSITE CONTENT IS AT YOUR SOLE RISK.

9.           Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL FEDA OR ITS LICENSORS OR THEIR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE WEBSITE, WEBSITE CONTENT, OR SERVICES. IN NO EVENT SHALL FEDA’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE WEBSITE, WEBSITE CONTENT, OR SERVICES EXCEED FIFTY DOLLARS ($50.00).

10.         Indemnity. You agree to defend, indemnify, and hold FEDA and its subsidiaries, affiliates, officers, directors, agents, representatives, employees, licensors, and service providers (“FEDA Indemnitees”) harmless from and against any claim, action, suit, or proceeding resulting from, arising out of, or related to your breach of these Terms or a claim that Submitted Content or other material that you provide to us violate the rights of a third-party and you shall indemnify and hold FEDA harmless for all losses, damages, liabilities, and all reasonable expenses and costs (including, but not limited to, attorneys’ fees) incurred by FEDA or any FEDA Indemnitee in any such claim, action, suit, or proceeding.

11.         Monitoring Website Use. You agree that we have the right and discretion, but not obligation, to monitor any activity and content associated with our Website, Website Content, and Services. We may investigate any reported violation of these Terms or complaints relating to the Website, Website Content, and Services, and may take any action that we believe, in our sole discretion, is appropriate including, but not limited to, removing materials from the Website and terminating/suspending your access to the Website. We also may report to law enforcement authorities or other appropriate parties, behaviors that we suspect may be harmful to yourself or others, as necessary, and within our sole discretion.

12.         Modifications to these Terms. We may modify these Terms from time to time at our discretion. If we modify these Terms, then such modifications shall take effect proactively, upon your subsequent access, use, or visit to the Website or access, use, or receipt of Services. You may print out a copy of these Terms for your records.

13.         Assignment. These Terms shall not be assignable, either in whole or in part, by you. We reserve the right to assign the rights and obligations under these Terms for any reason and in our sole discretion.

14.         General. These Terms shall be governed in all respects by the laws of the State of Illinois, without giving effect to its conflicts of law provisions. You and FEDA submit to the personal jurisdiction of and venue in, the state and federal courts sitting in the judicial district that includes Cook County, Illinois. You and FEDA further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

15.         Claims Against Other Users. You agree that in the event that you have any right, claim, or action against Site Visitors or other users of our Website arising out of that person’s use of the Website, then you will pursue such right, claim, or action independently of, and without recourse to, us.

16.         Injunctive Relief. You acknowledge and agree that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the dispute resolution provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms.

17.         Translations. These Terms may be translated into languages other than English (collectively, “Translations”). Any communications sent by us to you shall be sent in English. Dispute resolution procedures arising out of either these Terms or the Translations shall be conducted in English, and the English version of these Terms shall control over the Translations.

18.         Survival. In addition to any right or obligation that by its nature or intent is intended to survive any termination or expiration of these Terms, the following provisions shall survive the termination or expiration of these Terms and shall apply indefinitely: (i) Section 4 (FEDA Ownership; Reservation of Rights); (ii) Section 5 (Submitted Content); (iii) Section 6 (Code of Conduct; Revocation or Suspension of Use Privileges); (iv) Section 7 (Links to Third-Party Websites); (v) Section 8 (Disclaimers); (vi) Section 9 (Limitation of Liability); (vii) Section 10 (Indemnity); (viii) Section 14 (General); (ix) Section 15 (Claims Against Other Users); (x) Section 16 (Injunctive Relief); (xi) Section 18 (Survival); (xii) Section 20 (Additional Terms); and (xiii) Section 22 (Complete Agreement).

19.         Contact Us; Alleged Copyright Infringement. We welcome your feedback or suggestions. If you have suggestions, concerns, or questions about these Terms, then please contact us at the address below. We respect the intellectual property rights of others and require that our users do the same. If you believe that any content available on our Website or any other activity taking place on the Website constitutes infringement of a work protected by copyright law, then please contact us at the address below.

Foodservice Equipment Distributors Association

Attention: Webmaster

5600 N. River Road, Suite 740

Rosemont, Illinois 60018

Phone: 224-293-6500

Email: info@feda.com  

20.         Additional Terms. Certain portions of the Website and Services (including, without limitation, the FEDA Data Portal) may be subject to additional or different terms and conditions (“Additional Terms”). We will notify you if those portions of the Website or Services are subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in those portions of the Website or applicable Services if you do not agree with such additional or different terms and conditions.

21.         Federal and State Laws. The Website is operated from the United States of America (the “U.S.”) and is intended for U.S. residents only. The Website is not approved for distribution outside of the U.S. and non-U.S. residents should not rely or act upon the information contained within. When using the Website, Services, Website Content, or when using any content provided by us, you must obey all applicable U.S. federal, state, and local laws.

22.         Complete Agreement. These Terms must be read in conjunction with our Privacy Policy and any applicable Additional Terms. To the extent that the Terms conflict with the Privacy Policy or Additional Terms, then the terms of the Privacy Policy and Additional Terms shall control. These Terms, any applicable Additional Terms, and the Privacy Policy set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

23.         Effective Date. The effective date of these Terms is July 15, 2025.