Terms of Use

Terms of Use

TERMS OF USE OF EL SUPER

1. BINDING EFFECT. This is a binding legal agreement. By accessing, browsing or using the Internet site located at https://elsupermarkets.com/ (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide and be bound by (a) these Terms of Use, as they may be amended by Bodega Latina Corporation dba El Super (“Company”) from time to time in its sole discretion, and (b) Company’s privacy policy, as they may be amended from time to time in Company’s sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use or Company’s privacy policy are unacceptable, or are dissatisfied with the Site in any way, you must immediately leave the Site and cease all use of the Service and the Site.  In each such instance, your sole remedy is to stop using the Site. 

BY USING THE SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED AND AGREED TO THESE TERMS OF USE AND COMPANY’S PRIVACY POLICY, INCLUDING ANY WARRANTY DISCLAIMERS AND PROVISIONS LIMITING COMPANY’S LIABILITY TO YOU.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. 

2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found at https://elsupermarkets.com/pages/Privacy_Policy. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

3. USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

4. USER CONTENT. You grant Company a license to use the materials you post to, upload, transmit through, or otherwise make available on (collectively, “submit”) the Site or Service, including but not limited to messages, receipts, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials (“User Content”).  By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the Site or Service, you are granting Company and its affiliates, officers, directors, employees, consultants, agents, and representatives (“Affiliates”) a royalty-free, perpetual, irrevocable, non-exclusive, fully transferable and sublicensable, worldwide right and license to use User Content in connection with the operation of the Internet business of Company and its Affiliates, including without limitation, a right to use, record, copy, distribute, transmit, publicly display, publicly perform, publish, reproduce, edit, translate, reformat, sell, lease, sublicense, create derivative works, or otherwise exploit User Content, in whole or part as Company deems appropriate including, but not limited to, in connection with Company’s, or its subsidiaries’ or Affiliates’, business.  You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.  You will be solely responsible for all User Content that you submit, including any claims of infringement or libel relating to such User Content. You shall not submit any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner’s express permission. You are solely liable for any damages resulting from your failure to obtain consent.  Company is not responsible for monitoring User Content, but Company may monitor and remove User Content in its sole and absolute discretion.  Neither Company nor any Affiliates makes any representations or gives any warranties or guaranties concerning any User Content, and neither Company nor any Affiliates will be liable for any damage or injury arising from any User Content.  The presence of any User Content on the Site is not to be considered an endorsement by Company or any Affiliates of any person providing User Content, the views expressed in any User Content, or any products or services related to any User Content. Your use of, or reliance on, any User Content is at your own risk. By submitting User Content to the Site or Service, or using it, you will be deemed to have accepted and agreed to the foregoing.

 

Company is not responsible for User Content for any links or images embedded in the User Content, or for the results obtained by using the User Content.  Company does not endorse or warrant, and is not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement contained in User Content. Under no circumstances will Company be liable for any loss or damage caused by reliance on the Site, User Content or information or materials obtained through User Content.

 

You shall not submit content that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that gives use to civil liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds; (f) contains instructions, formulas, or advice that could harm or injure; or (g) is a chain letter of any kind.

 

User Content, including any personally identifiable information (including as name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. Company has no control over and shall have no liability for any damages resulting from the use or misuse by any third party of information that you make public by submitting it. If you choose to make personally identifiable information available you do so at your own risk.

 

Company reserves the right not to post any User Content, but Company does not have an obligation to post, maintain, screen or otherwise use User Content.  Company may discontinue the ability to submit User Content in its own discretion.

 

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, send, post or otherwise distribute any information or content, such as, for example, product, program, pricing, marketing and other valuable information and content such as data, text, photographs, graphics, messages or other materials (collectively all such information or content, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Any communication or other information sent to Company via electronic mail or otherwise in connection with your use of this Site, including but not limited to, feedback data, such as questions, comments, suggestions, or the like regarding the Content, the Site or the Service (“Feedback”), shall be deemed to be non-confidential.  Further, Company shall be free to use, with no compensation to you, any ideas, concepts, know-how, techniques or methodologies contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services incorporating such Feedback.  Disclosure shall constitute an assignment of all right, title and interest in such information to Company.

Any and all Content posted on the Site is owned by Company and is protected by United States and international copyright, trademark and other laws. Except as stated in these Terms of Use, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Company. You may electronically copy and print to hard copy content for non-commercial, personal use. Any other use is strictly prohibited. You may not use Company’s name, logo or other trademarks for any purpose without the express written consent of Company. Any rights not expressly granted herein are reserved by Company.

You shall not use, sell, modify, reproduce, display, distribute, create derivative works from, or otherwise exploit any of the Site’s content or any other intellectual property related to the Site without the prior written consent of Company. You shall not use Company’s name, logo, trademark, or service mark in any manner without Company’s prior written consent, which it may give in its sole and absolute discretion.

6. INAPPROPRIATE CONTENT AND OTHER MATERIAL. You shall not make the following types of Content available. You shall not to upload, download, display, perform, transmit, send, post or otherwise distribute (a) Content that is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) Content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) Content that advertises or otherwise solicits funds or is a solicitation for goods or services; (d) information that you know or should know to be confidential, sensitive, or otherwise in breach of the law, including personally identifiable information; (e) viruses or other harmful, disruptive, or destructive files; or (f) “spam” or “junk mail”.  Moreover, you shall not intentionally make false, deceptive, or misleading statements; do anything that will interfere with the proper functioning of the Site; or use automated means to access or use the Site.  Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.  You shall comply with all applicable laws, rules, regulations, and ordinances related to your online conduct and your use of the Site.

If the Site or the Service contains communication services such as e-mail, personal web pages, calendars, bulletin board services, chat areas, news, or other communication facilities, you shall also not make the following types of Content available, nor upload, download, display, perform, transmit, send, post, do or otherwise distribute the following: surveys, contests, pyramid schemes, chain letters, junk mail, spam, unsolicited messages, viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, malicious software, metatag searches of the Site or the Service, or create a false identity for the purpose of misleading others.

7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

Digital Marketing Manager

Bodega Latina Corporation

14601-B Lakewood Blvd.,

Paramount, CA 90723

(562) 616-8800

[email protected]

 

8. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

Company may disclose such information to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. Company may investigate any reported violation of our policies or complaints and take any appropriate action we deem appropriate, including without limitation, issue a warning, suspend or terminate your access and use of the Site, Services and/or Content at any time.

9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AND THE SERVICE (INCLUDING ANY CONTENT, MATERIAL AND INFORMATION THEREIN) AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.  COMPANY DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THIS WEBSITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE.  COMPANY AND ITS AFFILIATES ALSO DISCLAIM ALL WARRANTIES CONCERNING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE SITE, INCLUDING THOSE REGARDING ANY VIRUSES OR OTHER HARMFUL COMPONENTS.

Company disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from this Site, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.

 

10. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO ANY USER OR THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Company provides you with access to this Site in its sole discretion and reserves the right to modify or discontinue any aspect of the Site, including your ability to access the Site, at any time without notice. Company will not be liable to you or any third party for any modification or discontinuance of any aspect of the Site or your ability to access to the Site. Certain services offered through the Site may not be available in your area, and Company will not be responsible for any such unavailability.

11. AFFILIATED SITES; THIRD PARTY CONTENT. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site for your convenience. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability, suitability, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Likewise, Company does not endorse, oppose or edit any opinion or analysis expressed by such third parties. You should refer to the policies posted on third party web sites regarding privacy and terms of use prior to using such sites. You agree that Company is not responsible for third party Content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content.  Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, completeness, timeliness, reliability, suitability, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content. Company also does not assume any responsibility for the technology implemented by, or privacy practices of, third party sites and all use is at your own risk. You should review the privacy policy and terms of use for each third party site and confirm they are acceptable prior to registration on or use of the site.  Links to third party sites do not imply endorsement of the sites by Company.

Company may permit links to this Site based on the following conditions: (a) you do not remove or obscure, by framing or otherwise, any content, including but not limited to the copyright notice and other notices, (b) you do not directly or indirectly cause any portion of this Site to appear on a user’s computer screen with any material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party, (c) you give Company notice of all such links by sending an e-mail to [email protected], and (d) you discontinue providing links to this Site if notified by Company.

 

12. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

13. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company and its Affiliates from any and all claims, losses, liability, damages, causes of action, lawsuits, arbitrations, proceedings, judgments expenses and/or costs (including reasonable attorney fees and costs) asserted by third parties, including other users of the Site, arising from your access to or use of the Site (including any of the Site’s content), your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you of any such claim, loss, liability, or demand, and will provide you with assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

14. COPYRIGHT. All contents of Site and/or Service, including, but not limited to, trademarks, service marks, pictures, or logos are property of Company and  Copyright © 2018 Bodega Latina Corporation dba El Super, 14601 B Lakewood Blvd., Paramount, CA 90723. All rights reserved.

15. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California in all disputes arising out of or related to the use of the Site or Service.

16. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

17. NO LICENSE. Nothing contained on the Site or this Agreement should be understood as granting you (a) a license to use any of the trademarks, service marks, or logos owned by Company, including, but not limited to, its affiliates or subsidiaries, or copyrighted materials or other proprietary materials displayed on this Site, or (b) any license, title, or ownership interest in any of the Site’s content or any other intellectual property of Company, including, but not limited to, its affiliates or subsidiaries, whether by implication, estoppel, or otherwise, or whether under copyright, trademark or other intellectual property rights.

All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belongs to Company.  In addition, the names, images, pictures, logos and icons identifying Company’s products and services are proprietary marks of Company.

You are granted a non-exclusive, non-transferable, limited license to view this Site, and to download and/or print insignificant portions of materials retrieved from this Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. No part of this Site, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of Company.

Additionally, any unsolicited material that you submit to Company, including suggestions on how to improve the Site, will be considered non-proprietary, public information that may be used by Company for any purpose, as determined by Company in its sole discretion, without any compensation to you.

By submitting information to Company electronically, including by email, you are consenting to receiving communications from Company electronically, including by email.

18. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use and/or its privacy policy; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following posting/notice of any revision, you will be deemed to have accepted Terms of Use as revised and you shall abide by any such revisions.  Please review these Terms of Use on a regular basis for changes.

Company may make improvements and/or changes in the scope of Services and/or the programs described or offered through the Site at any time without notice. Furthermore, certain Services and/or programs may not be available in your location. References to those Services and/or programs do not imply that Company intends to offer them in your location. Company controls and operates the Site from the USA and makes no representation that the Site is appropriate or available for use in all locations.

19. MISCELLANEOUS.

Entire Agreement.  These Terms of Use and the Privacy Policy contain the entire agreement between you and Company concerning your use of the Site, superseding any previous negotiations, understandings, or agreements between you and Company, whether written or oral.  These Terms of Use incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site.

Assignment.  You may not assign any rights, duties, obligations, or claims under, arising out of, or relating to these Terms of Use without Company’s prior written consent. Company’s rights, duties, obligations, and claims under these Terms of Use are freely assignable.

Notices and Contact. All notices and contact concerning this Agreement and the Site should be sent to Company as follows:

Digital Marketing Manager

Bodega Latina Corporation

14601-B Lakewood Blvd.,

Paramount, CA 90723

(562) 616-8800

[email protected]

 

21. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.  IF THESE TERMS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.

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