ALDI: U.S. Terms of Use

These U.S. Terms of Use apply to the websites, web pages and mobile applications listed here (collectively, the “Sites”).  As described below, these U.S. Terms of Use do not apply to the ALDI Photo Service (available at www.aldiphotos.us).  The Sites are operated by ALDI Inc. (“ALDI”).  Throughout the Sites, the terms “we,” “us” and “our” refer to ALDI.  ALDI offers the Sites, including all information, tools and services available from the Sites, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here.  Your use of a Site constitutes your agreement to these U.S. Terms of Use. 

Features and Functionality Provided by Third Parties; Third Party Terms

Certain of the content, features and functionality on the Sites may be owned and operated by third parties (collectively, “Third Party Providers”).  Where indicated, such content, features and functionality, including the Weekly Ads functionality at weeklyads.aldi.us and the ALDI Photo Service at www.aldiphoto.us (collectively, “Third Party Content”), may be subject to separate terms and conditions.  In that event, you acknowledge that these U.S. Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third Party Providers.  You acknowledge that we are not responsible or otherwise for liable Third Party Content or the acts or omissions of Third Party Providers and that any claims or other causes of action available to you in connection with either of the foregoing will be brought against the applicable Third Party Provider(s) and not us.

We also maintain pages and accounts on social media sites, including Facebook, Pinterest, Twitter and YouTube (collectively, “Social Media Channels”).  While submitting information to us through our Social Media Channels, you will be subject to these U.S. Terms of Use and any other privacy policies and terms of use applicable to each of the Social Media Channels.  In the event of a conflict between these U.S. Terms of Use and the relevant Social Media Channels’ privacy policies or terms of use, you will comply with and be subject to these U.S. Terms of Use as they relate to your submission of information to us through the Social Media Channels.  You acknowledge that we are not responsible or otherwise liable for any of the content, features or functionality offered by Facebook or the acts or omissions of Facebook and that any claims or other causes of action available to you in connection with either of the foregoing will be brought against THE OWNERS OR OPERATORS OF THE SOCIAL MEDIA CHANNELS and not us.   

Accuracy, Completeness and Timeliness of Information on the Sites

Items advertised in weekly ads may not be available in all stores.  Prices and labels may vary by location. ALDI strives to provide accurate pricing information, but sometimes an error may occur.  Also, on occasion, a price shown online may not match a price in a store. 

ALDI is not responsible if information made available on the Sites is not accurate, complete or current.  The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on the Sites is at your own risk.  The Sites may contain certain historical information.  Historical information necessarily is not current and is provided for your reference only.  We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites.  You agree that it is your responsibility to monitor changes to the Sites.

Use of Materials on the Sites

All content on the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by ALDI, its licensors or its content providers and is protected by copyright, trademark and other applicable laws.  Certain activities provided via the Sites may be covered by U.S. Patent 6,091,956.  You may access, copy, download and print the material contained on the Sites for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print.  Any other use of content on the Sites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Sites, or use of the Sites for purposes competitive to ALDI, is expressly prohibited without the prior written consent of ALDI.  You agree to abide by all additional restrictions displayed on the Sites as it may be updated from time to time.  ALDI reserves the right to refuse or cancel any person’s registration for the Sites, remove any person from the Sites or prohibit any person from using the Sites for any reason whatsoever.  ALDI, or its licensors or content providers, retain full and complete title to the material provided on the Sites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in ALDI’s sole discretion.  ALDI neither warrants nor represents that your use of materials on the Sites will not infringe rights of third parties not affiliated with ALDI.

You may not use contact information provided on the Sites for unauthorized purposes, including marketing.  You may not use any hardware or software intended to damage or interfere with the proper working of the Sites or to surreptitiously intercept any system, data or personal information from the Sites.  You agree not to interrupt or attempt to interrupt the operation of the Sites in any way.  ALDI reserves the right, in its sole discretion, to limit or terminate your access to or use of the Sites at any time without notice.  Termination of your access or use will not waive or affect any other right or relief to which ALDI may be entitled at law or in equity.

Materials You Submit

You acknowledge that you are responsible for any material you may submit via the Sites (including any components of the Sites administered by third parties, such as tools that allow you to interact with the Sites through Social Media Channels), including the legality, reliability, appropriateness, originality and copyright of any such material.  You may not upload to, distribute or otherwise publish through the Sites any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”  You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.  You may not upload commercial content onto the Sites.

If you do submit material, and unless we indicate otherwise, you grant ALDI an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media.  You further agree that ALDI is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to ALDI.  You grant ALDI the right to use the name you submit in connection with such material, if they so choose.  You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify ALDI for all claims resulting from content you supply.

Conduct on the Sites

Some features that may be available on the Sites require registration.  By registering at and in consideration of your use of the Sites you agree to provide true, accurate, current and complete information about yourself.

Some features on the Sites may require use of a password.  You are responsible for protecting your password.  You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password.  If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify ALDI immediately.  ALDI may assume that any communications ALDI receives under your password have been made by you unless ALDI receives notice otherwise. 

You or third parties acting on your behalf are not allowed to frame the Sites or use our proprietary marks as meta tags, without our written consent.  These marks include, but are not limited to, the ALDI logos and trademark.  You may not use frames or utilize framing techniques or technology to enclose any content included on the Sites without ALDI’s express written consent.  Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without ALDI’s express written consent.

Links

The Sites may contain links to other websites, some of which are operated by ALDI and others of which are operated by third parties, such as our Weekly Ads pages and the ALDI Photo Service.  These links are provided as a convenience to you and as an additional avenue of access to the information contained therein.  We have not necessarily reviewed all the information on those other websites and are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites.  Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites.  In some cases, different ALDI terms and conditions may apply to your use of linked websites.  ALDI is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked websites.

Trademarks and Copyrights

Trademarks, logos and service marks displayed on the Sites are registered and unregistered trademarks of ALDI, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners.  Nothing on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Sites without the owner’s prior written permission, except as otherwise described herein.  ALDI reserves all rights not expressly granted in and to the Sites and its content.  The Sites and all of their content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, are each protected as a compilation under the copyright laws of the United States and other countries. 

ALDI is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Sites, including material you provide to us, and so we have an absolute right to remove any material from the Sites in our sole discretion at any time.

DISCLAIMERS

YOUR USE OF THE SITES IS AT YOUR SOLE RISK.  THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME.  ALDI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY.  IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALDI OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND.  ALDI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES.  YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.  YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT THE SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE.  RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ALDI NOR ITS SUPPLIERS OR THIRD PARTY PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, ALDI’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ALDI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.  YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER ALDI NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES.  YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH ALDI IS TO DISCONTINUE YOUR USE OF THE SITES.  YOU AND ALDI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless ALDI and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ and experts’ fees and court costs, arising or resulting from (i) your use of the Sites; (ii) any violation of these U.S. Terms of Use; (iii) your access to or use of any Third Party Content or the Social Media Channels; and (iv) your violation of any terms of use or similar terms offered by the owners or operators of the Social Media Channels or any Third Party Content.  If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.  ALDI reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with ALDI in the defense of such matter.

Jurisdiction and Applicable Law

The laws of the State of Illinois govern these U.S. Terms of Use and your use of the Sites, and you irrevocably consent to the jurisdiction of the courts located in Illinois for any action arising out of or relating to these U.S. Terms of Use or the Sites.  We recognize that it is possible for you to obtain access to the Sites from any jurisdiction in the world, but we have no practical ability to prevent such access.  If any material on the Sites, or your use of the Sites, is contrary to the laws of the place where you are when you access it, the Sites are not intended for you, and we ask you not to use the Sites.  You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These U.S. Terms of Use

ALDI reserves the right in its sole discretion to change, modify, add or remove any portion of these U.S. Terms of Use, in whole or in part, at any time, by posting revised terms on the relevant Sites.  It is your responsibility to check periodically for any changes we make to the U.S. Terms of Use.  Revised terms will take effect five days after their publication on the relevant Sites and will apply only on a going-forward basis.  Your continued use of the Sites after that point signifies that you accept the changes.

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on the Sites (but excluding those terms and other conditions offered by the Third Party Providers or the owners or operators of the Social Media Channels, as described in the paragraph entitled “Features and Functionality Provided by Third Parties; Third Party Terms”) constitute the entire agreement and understanding between you and ALDI with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.  A printed version of these U.S. Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

How to Contact Us

If you have any questions or comments about these U.S. Terms of Use or the Sites, please contact us by completing the Contact Us form on our Sites or writing to us at:

ALDI, Inc.
Attention:  Customer Service
1200 N. Kirk Rd.
Batavia, IL 60510