TERMS OF USE OF EL SUPER

1. BINDING EFFECT.
   This is a binding legal agreement. By accessing, browsing or using the El Super site (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 Chedraui USA 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. ADDITIONAL TERMS.

Some of our Services have additional terms and conditions (“Additional Terms”).  Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service.  By using that Service, you agree to the Additional Terms.

3. 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/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.

4. 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.
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 account. 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. 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.

7. 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 non-infringement 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.

8. 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.

To the maximum extent permitted by applicable law, Company’s total cumulative liability to you or any third party under these terms, from all causes of action and all theories of liability, will be limited to and will not exceed the fees you have actually paid Company during the twelve (12) months preceding the claim giving rise to such liability.

You understand and agree that Company has set its prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between the parties and form the basis of a bargain between the parties.

9. AFFILIATED SITES; THIRD PARTY CONTENT.
   Company has no control over, and no liability for any third-party websites or materials. Company works with several 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.

10. 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.
11. 
    You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company and its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and representatives 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.
12. 
    All contents of Site and/or Service, including, but not limited to, trademarks, service marks, pictures, or logos are property of Company and Copyright ©2022 El Super, 600 Citadel Dr., Commerce, CA 90040. All rights reserved.
13. INFORMAL DISPUTE RESOLUTION.

Company tries to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and Company agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and Company. To initiate this good faith effort to informally resolve a dispute you agree to notify Company in writing by completing the “Love to hear from you Form” in the Contact Us section of the Site, and including the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that Company can gain a sufficient understanding of the dispute. Within the sixty (60) days following Company’s receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with Company. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or Company may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and Company agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date Company receives your notice to the date an arbitration is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

14. Arbitration Agreement & Waiver of Certain Rights.

You and Company agree that, except as set forth below, the parties will resolve any claims, counterclaims, or other disputes between you and Company or you and a third-party agent of Company (a “Claim”) through binding and final arbitration instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”).  This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms of Use. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.  You and Company hereby waive any right to a jury trial of any Claim (defined below).  The arbitration will be heard and determined by a single arbitrator.  The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  You and Company agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.  The Federal Arbitration Act and federal arbitration law apply to this agreement.  A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of arbitration have been completely satisfied and any objections with respect to any of the foregoing.

To begin an arbitration proceeding, you must send the Company an individual letter signed by you requesting arbitration and describing your claim at El Super 600 Citadel Dr., Commerce, CA 90040. This letter must be sent at least ten (10) days before you initiate an arbitration proceeding against Company.

Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive.  In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies.  You and Company also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph.  In addition, you and Company retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor Company may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim.  You may not bring Claims in arbitration on a class or representative basis.  The arbitrator can decide only your and/or our individual Claims. 

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a Claim proceeds in court rather than in arbitration, you and El Super each waive any right to a jury trial. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms.

The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis.  Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court.  If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.”  In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

This Arbitration Agreement Section of the Terms will survive the termination of your relationship with us.

This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief.  Other rights that you or company would have in court also may not be available in arbitration.

15. GOVERNING LAW.
    Except as set forth in the arbitration agreement, 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. Except as set forth in the arbitration agreement, 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. 
    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.

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 at El Super 600 Citadel Dr., Commerce, CA 90040 or by going to the “We’d Love to Hear From You” form on our website.

20. 
    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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Revised: March 31, 2026