ALDI U.S. Terms of Use

Effective Date: These Terms of Use became effective on October 24, 2023.

These ALDI U.S. Terms of Use (“Terms of Use”) apply to websites, mobile applications (“Apps”) and other interactive features and online services owned or operated by ALDI, Inc. ("ALDI") that post a link to or include these Terms of Use (collectively, the “Services”). Throughout these Terms of Use, the words “we,” “us” and “our” refer to ALDI. Unless otherwise noted, all references to “you” or “your” in these Terms of Use refer to all users of the Services,

Please carefully read these Terms of Use before using the Services, as they affect your legal rights and obligations. You affirm that you have the capacity and authority to agree to these Terms of Use.

ARBITRATION NOTICE: Except for certain types of disputes described in the Arbitration section below, you and ALDI agree that disputes between you and ALDI will be resolved by binding, individual Arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

These Terms of Use constitute a binding agreement between you and ALDI governing your use of our Services. When using particular services or features of the Services, in addition to these Terms of Use, a separate guidelines document, payment terms or end user license agreement may apply to your use of that feature or service (“Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. By accessing or using any part of the Services, you signify your agreement to these Terms of Use and any applicable Additional Terms.

Your use of the Services is also governed by our Privacy Policy. If you do not agree to these Terms of Use, any applicable Additional Terms, or our Privacy Policy, you may not access or use any part of the Services.

1 Changes to These Terms of Use

ALDI reserves the right to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by updating this posting. We may also provide notice to you in other ways, such as through contact information you have provided. Any changes will be effective immediately upon the posting of the revised Terms unless otherwise specified. Please check back periodically for changes. Your continued use of the Services after the effective date of the revised Terms (or taking such other act as specified by ALDI) will constitute your consent to those changes to the fullest extent allowed by applicable law.

2 Features and Functionality Provided by Third Parties; Third Party Terms

Certain of the content, features and functionality on the Services may be owned and operated by third parties (collectively, “Third Party Providers”). Where indicated, such content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions and privacy policies. In that event, you acknowledge that your use of the Third Party Content will be subject to the terms of use and privacy policies offered by such Third Party Providers. You acknowledge that we are not responsible or otherwise liable for 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. The inclusion of any link or grant of access on a Service does not imply or express an affiliation or endorsement of the linked site, app, or contents. The Services may also enable you to share content from the Service with a third party, which may be publicly posted on that third party's site or application and would therefore be subject to the third party's terms of service and privacy policy. You access Third Party Content at your own risk.

We also maintain pages and accounts on social media sites, such as Facebook, TikTok, Google Ads, Pinterest, Twitter and YouTube (collectively, “Social Media Channels”). While submitting information to us through our Social Media Channels, you will be subject to these 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 Terms of Use and the relevant Social Media Channels’ privacy policies or terms of use, you will comply with and be subject to these 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 the Social Media Channels or the acts or omissions of the Social Media Channels 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.

3 License to Use the Services

Subject to your compliance with these Terms of Use, ALDI grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to access and use the Services solely for non-commercial purposes on any device that you own or control. You are responsible for taking all reasonable precautions in relation to your health and safety while using the Services. The use of the materials on the Services is only for informational purposes, and the use of ALDI's services.

ALDI reserves the right to update, modify, replace, or alter any of the Services, in whole or in part, from time to time without any liability to you. You acknowledge that ALDI may, in its sole discretion, cease to operate the Services or features within the Services at any time and without any liability to you.

4 Use of Materials on the Services

Unless otherwise explicitly specified, all material, content or information on the Services (including, without limitation, text, design, graphics, trademarks, logos, service marks, icons, designs, data, images, audio clips, advertising copy, past, present and future versions of the Services, domain names, interfaces, source and object code and software, as well as the selection and arrangement thereof), (collectively, “Service Content”) is the exclusive property of and owned by ALDI, its licensors or its content providers and is protected from unauthorized use, copying and dissemination by copyright, trademark and other applicable laws, rules, regulations and treaties. You may access, copy, download and print the material, content or information contained on the Services 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, content or information you access, copy, download or print. Any other use of material, content or information on the Services, 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, content, information, software, products or services obtained from the Services, or use of the Services for purposes competitive to ALDI, is expressly prohibited without the prior written consent of ALDI. The foregoing prohibition expressly includes, without limitation using any portion of the Service Content to train or otherwise include in large language models, artificial intelligence technologies, or other machine learning tools, products, services, or features. You agree to abide by all additional restrictions displayed on the Services as may be updated from time to time. ALDI reserves the right to refuse or cancel any person’s Account (as defined below), remove any person from the Services or prohibit any person from using the Services for any reason whatsoever. You agree that Service Content is provided 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, content or information on the Services will not infringe rights of third parties not affiliated with ALDI.

Any unauthorized use of the Service Content is prohibited.

You may not use contact information provided on the Services for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Services or to surreptitiously intercept any system, data or personal information from the Services. You agree not to interrupt or attempt to interrupt the operation of the Services in any way. ALDI reserves the right, in its sole discretion, to limit or terminate your access to or use of the Services, in whole or in part, at any time, with or 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. Upon any such termination or suspension, your right to use the Services will immediately cease and you must discontinue use of the Services. All provisions of these Terms of Use that by their nature should survive will survive termination or expiration of these Terms of Use, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

5 Accuracy, Completeness and Timeliness of Information Available on the Services

ALDI is not responsible if information made available on the Services is not accurate, complete or current. The Service Content 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 Service Content is at your own risk. The Services 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 Service Content at any time, but we have no obligation to update any Service Content. You agree that it is your responsibility to monitor changes to the Services.

6 Product and Service Images and Descriptions

We try to describe and display the features of all of the products and services shown on the Services as accurately as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Services is accurate, complete, current or entirely error-free. Moreover, descriptions or images of products on the Services should not be interpreted as endorsements of such products. We may make changes to the Services at any time and without notice. The colors you see will depend on your monitor and the descriptions we provide often depend on information given to us by others. In addition, the information on the Services may contain typographical or other human errors and may not be complete or current despite our efforts. All weights and size dimensions may be approximations. If a product offered by the Services is not as described, your sole remedy is to return it in unused condition.

7 Promotions

The Services may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.

8 Use of the Services

You agree that when using the Services or submitting any materials, content or information to the Services, you will not:

access data not intended for you or log onto a server or an account that you are not authorized to use;
circumvent or modify, attempt to or assist another in circumventing or modifying any security technology or software that is part of the Services;
interfere with service to any other user, or the software, networks or systems that we use to bring the Services to you, such as by submitting a virus or overloading, "flooding," "spamming," "mailbombing" or "crashing" the Services;
modify, alter, or prepare other works based on, the Services or the Services’ materials, content or information, or distribute copies of or publicly perform or display such materials, content or information, such as by posting the materials, content or information on any network computer or distributing the materials, content or information on or in any media, including any effort to decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, methods, techniques, structure or organization of the Services, nor allow any third party to do so (whether or not for your benefit);
remove any copyright and other proprietary notices;
use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Services, or to use any portion of the Services to train or otherwise include in large language models, artificial intelligence technologies, or other machine learning tools, products, services, or features; the foregoing prohibitions excluding use in connection with the search tools available on the Services and other generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer);
transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Services;
use the Services in a manner that is inconsistent with any and all applicable laws, rules or regulations;
pledge, sublicense, rent, lease, or create derivative works based on the Services, including its user interfaces.

You or third parties acting on your behalf are not allowed to frame the Services 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 materials, content or information included on the Services without ALDI’s express written consent. Further, you may not utilize any Service Content in any meta tags or any other “hidden text” techniques or technologies without ALDI’s express written consent. The source and object code of the Services constitute a trade secret of Aldi and must not be accessed, examined or shared except as permitted by law.

You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Services. Any and all rights to use the Services that are not expressly granted to you under these Terms of Use are reserved for ALDI or its licensors. Nothing contained in these Terms of Use will affect, impair, or limit in any way ALDI’s rights to exploit fully any or all of the Service Content. Any violation of these Terms of Use or unauthorized use of any information, content or materials displayed on or available from the Services may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations and may result in, among other things, termination of your access to the Services by ALDI in its sole discretion. We are not liable for any loss or damage from your failure to comply with this section. You represent and warrant that any information you provide to us is accurate, current and complete and that you will maintain and promptly update your information to keep it accurate, current and complete. If any information you provide to us is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services. If your employment with ALDI is terminated, your access to the Services as an ALDI employee will automatically cease.

9 User Accounts

Some features that may be available on the Services may require you to register for an account (“Account”). By registering at and in consideration of your use of the Services you agree to provide true, accurate, current and complete information about yourself. If you create an Account with a third party operating a portion of the Services, that third party’s terms of use and privacy policy may apply to your use of the account in addition to these Terms of Use and our Privacy Policy.

Registration of an Account requires you to set a password and ALDI’s password guidelines apply. You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual. You are responsible for maintaining the confidentiality of your Account and password (including any related security questions and answers), and for restricting access to your computer or other device used to access your Account. You agree that you are solely responsible for any activities or actions taken under your Account, whether or not authorized by you. You shall notify us immediately of any unauthorized use of your Account login credentials. ALDI may assume that any communications ALDI receives using your Account credentials have been made by you unless ALDI receives notice otherwise. When using the Services, you must take all reasonable steps to ensure that other persons cannot access the Services using your Account login credentials, including (but not limited to):

active security lock (pin number code, touch ID, face recognition, etc.) on any non-shared/non-public device you are using to access the Services;
ensuring that your Account login credentials are not saved on any device (including a personal computer) so that other persons could access the Services without knowing your Account login credentials; and
ensuring that any device used to access the Services are operated with a legally acquired operating system that is maintained according to the manufacturer's specifications (that is, you must not use "jail broken" and "rooted" devices).

10 User Submissions

The Services may provide you the opportunity to create, customize and share content through certain features. ALDI welcomes your comments and contributions to our Services. However, you acknowledge that if you send, post or submit any suggestions, ideas, comments, photos, videos, recipes, or other user-generated content (collectively, “Submissions”) through or in connection with the Services, including on the Service’s interactive features, such as product reviews, recipe exchanges, message boards or on third party social media platforms (through your use of promotional hashtags designated by ALDI or otherwise), you are granting ALDI a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, prepare derivative works based on and publicly perform, display and distribute such Submission – and, subject to our privacy policy, your name, likeness and other identifying information, if any, that you may provide in connection with that Submission – via any medium now known or later developed, for any purpose whatsoever, without restriction and without compensating you in any way. You also waive all of your moral rights in that Submission to the fullest extent permitted by law, even if the Submission is altered or changed in a manner not agreeable to you. You agree this license and waiver is effective automatically (without further action by you) when you submit the Submission to ALDI. You acknowledge and agree that any User Submissions you provide, submit or otherwise disclose when using the Services may be visible to, accessible by and disclosed to ALDI or other persons in accordance with our privacy policy.

You understand that you are solely responsible for your Submissions, however submitted. By submitting Submissions, you represent and warrant to ALDI that your Submission: (1) is not confidential and that you own or otherwise have all necessary permission to submit it; and (2) does not – alone or when used in connection with any other content – infringe upon, misappropriate, or violate the rights of any third party, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights. You will indemnify ALDI for all claims resulting from Submissions you submit to the Services.

You should not send us any Submission that: you are legally prohibited from sharing or disclosing to us, contains product or service ideas that you intend to derive revenue from, or includes information you wish to remain confidential. Submissions will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure of Submissions, to the fullest extent permitted by applicable law. You acknowledge and agree that your relationship with ALDI is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Submission does not place ALDI in a position that is any different from the position held by members of the general public, including with regard to your Submissions. You agree and understand that we are not obligated to post, keep or use your Submissions.

ALDI does not control the Submissions made available via the Services and therefore does not guarantee the accuracy, integrity, quality or lawfulness of Submissions. If you choose to submit any personal information through or in connection with the Services, you do so at your own risk.

We have no obligation to monitor the Services or any Submissions made available via the Services. However, you acknowledge and agree that we have the right to monitor the Services and Submissions you submit and/or post and the right (but not the obligation) to delete, edit, move, or disable any such Submission in whole or in part, before or after it appears on the Service, subject to ALDI’s sole discretion. ALDI reserves the right to suspend or terminate your access to the Services at any time. Under no circumstances will we be liable in any way for any Submission including, but not limited to, any errors or omissions in Submissions, any loss of your Submissions or for any loss or damage of any kind incurred as a result of any user’s Submission.

11 Acceptable Use Policy

As a user of the Services, you are responsible for your communications and the consequences of their posting. Therefore, you agree to not do any of the following things on the Services, including without limitation when you contribute, upload, or otherwise provide any Submissions to the Services:

post or transmit material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post or transmit it;
post or transmit material, including without limitation Submissions, without permission from all persons who contributed in any way or have any rights to the material, or otherwise appear in the material. Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with these Terms.
send material that reveals trade secrets, unless you own them or have the permission of the owner;
send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others. Do not add personal information to any material that you post, upload, or transmit, and do not otherwise provide personal information through the Service that you do not want shared publicly;
send material that is false or fraudulent;
send material that is unlawful, harmful, offensive threatening, abusive, defamatory, libelous, harassing, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically or otherwise objectionable or harmful to others;
send material that violates any law, promotes any illegal activity or violence, or describes how to perform a violent act. If you do upload, add or post material that is illegal, violent in nature, or otherwise inappropriate, we reserve the right to take any action that we deem appropriate in our sole discretion, including, without limitation reporting you to law enforcement;
send advertisements or solicitations for a business;
send chain letters, pyramid schemes, political campaigning or spam;
send material containing viruses or other malware; or impersonate another person.

In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

12 Linking Policy

ALDI grants you the revocable permission to link to the Services; provided, however, that any link to a Service: (a) must not frame or create a browser or border environment around any of the content on the Service or otherwise mirror any part of the Service; (b) must not imply that ALDI or the Service is endorsing or sponsoring any third party or its products or services, unless ALDI has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in ALDI’s sole opinion, harm ALDI or its products or services; (d) must not use any ALDI trademarks without the prior written permission from ALDI; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in ALDI’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use. By linking to the Services, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, ALDI reserves the right to prohibit linking to the Services for any reason in our sole and absolute discretion.

13 Digital Millennium Copyright Act (“DMCA”) Infringement Notice

ALDI encourages you to report any content on a Service that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on a Service infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), ALDI has a designated agent for receiving notices of copyright infringement and ALDI follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ALDI’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content on the Service violates your rights other than copyrights, please provide ALDI with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.

Please send your notice of claims of copyright infringement on or regarding a Service or other complaint regarding alleged violation of rights to ALDI’s copyright agent, who can be reached as follows:

[email protected]

or

ALDI Inc.
Attn: Copyright Agent, Legal Department - DPC
1200 N. Kird Rd.
Batavia, IL 60510

NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.

We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

ALDI will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.

14 Special Terms for App Users

General

You acknowledge and agree that the availability of the App is dependent on the third party from whom you received the App license (e.g., Apple App Store or Google Play Store) ("App Store"). You acknowledge that these Terms of Use are an agreement between you and us, and not with the App Store. We, not the App Store, are solely responsible for the Services, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). To use the App, you must have Internet access, including in some cases, wireless network services. You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using our Services, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms of Use and will have the right to enforce it.

Accessing and downloading Apps from Apple

The following applies to any App accessed through or downloaded from the Apple App Store (an “Apple-Sourced App”):

Acknowledgment of Parties. You acknowledge and agree that: (1) These Terms of Use are made between you and ALDI (or any third party developer that may own or operate the App) only, and not Apple Inc. (“Apple”); and (2) that ALDI, not Apple, is responsible for the Apple-Sourced App and the content thereof.
Scope of the License. Your license to use the Apple-Sourced App is non-transferable and limited to use on an Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Apple-Sourced App.
Warranty. In the event of any failure of the Apple-Sourced App to conform to any applicable warranty, you may notify Apple and, Apple will refund the purchase price of the Apple-Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced App. As between ALDI and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ALDI.
Product Claims. You and ALDI acknowledge that, as between ALDI and Apple, Apple is not responsible for addressing any claims from you or any third party relating to the Apple-Sourced App or your possession and/or use of the Apple-Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You and ALDI acknowledge that, in the event of any third party claim that the Apple-Sourced App or your possession and use of the Apple-Sourced App infringes that third party's intellectual property rights, as between ALDI and Apple, ALDI, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Use.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Terms. You must comply with any applicable third party terms of agreement when using the Apple-Sourced App (e.g., your wireless data service agreement).
Third Party Beneficiary. You and ALDI acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the Apple-Sourced App, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary hereof;
Without limiting any other terms of these Terms of Use, you must comply with all applicable third-party terms of agreement when using the Apple-Sourced App.

15 Consent to Electronic Communications

You agree that we may communicate and transact with you electronically through the Services or through other electronic means and by signing up for an account with ALDI you consent to the same.

16 Text Communications and Push Notifications

If you provide your cellular telephone number to ALDI, you understand that ALDI may contact you at the telephone number you have provided, notwithstanding any prior revocation of consent to be contacted at that telephone number, or any previous requests to be placed on a state, federal, or any internal do-not-call list. ALDI may send or place any SMS, MMS, or text messages (“Text Communications”) to the number you provide using an automatic telephone dialing system, automated system for the selection or dialing of telephone numbers or the playing of a recorded message, or by pre-recorded or artificial voice message. Such Text Communications may be made only in connection with orders you place on the Services for delivery or pick-up, conducting surveys (including satisfaction surveys), and researching or improving ALDI’s products or services (together, the “Purposes”). You further agree that ALDI, its affiliates, and any third-party service providers or vendors may communicate with you at the number you provided, solely in connection with the Purposes. By providing your cellular telephone number to ALDI, you certify, warrant and represent that the telephone number you have provided to us is your phone number and not someone else’s. You further represent that you are authorized to receive Text Communications at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using the telephone number. Message frequency will vary. Message and data rates may apply. You may stop, unsubscribe, or otherwise revoke your consent to receive Text Communications from ALDI at any time by texting “STOP” to the number from which you received a Text Communication from ALDI. Additionally, when you consent to these Terms of Use, you agree to receive messages from ALDI through push notifications (“Push Notifications”) regarding the Purposes. Receipt of Push Notifications may be delayed or prevented by factors affecting your internet/phone provider or other relevant entities. ALDI is not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any Push Notification. You can opt out of receiving Push Notifications through your mobile device settings. Please contact us at https://www.aldi.us/contact/ with any additional questions you may have about the content of Text Communications or Push Notifications you receive.

17 Pricing and Promotions

All product, service, and program features, including availability, prices, charges and fees in effect, are subject to change at any time without notice. ALDI reserves the right, with or without prior notice, to limit the availability of or discontinue any product, service, or program; to restrict or cancel any purchase; and to refuse any order made by you. Not all products are available at all of our store locations at all times. Certain products, services and programs are subject to additional terms, conditions, policies and disclosures. Occasionally, a product you order online may be out of stock and, in most cases, we will automatically substitute with a similar item. You may change whether product substitutions are permitted by changing your shopping preferences in your online account settings. We reserve the right to limit your order or the quantity of a particular product that you may order. The prices applicable to your order will be those in place on the date the order was placed. Promotional prices and discount offers are valid only during the applicable period indicated in the promotion. Such promotional prices may not be available in physical ALDI stores. Likewise, promotional prices and discount offers offered in physical ALDI stores or on other sites or services may not be available through the Service. Certain services, products and/or programs may not be available at all locations. Prices at physical ALDI stores or on other sites or services may vary from the prices listed on the Service, and these stores will have no obligation to honor or match such prices. In the event a product or service is listed at an incorrect price due to a typographical or other error, ALDI shall have the right to cancel any orders for products or services listed at the incorrect price upon notice to you, whether or not the order has been confirmed. Prices are in U.S. dollars, are subject to change, and do not reflect any applicable taxes. The per item price you see in your shopping cart for items we price by the pound/ounce is based on an estimated weight. The final price of these items will be based on the same price per pound/ounce indicated upon completion of checkout, but the actual price is determined once we have sourced, processed and weighed your order, and will appear on the invoice or receipt you receive at the time of delivery or pick-up. Promotion codes are valid only on orders placed via the Services, subject to the terms of this section. Promotion codes can be applied to your order by entering the code at checkout. All promotion codes have an expiration date after which they will no longer apply. Promotion codes may be adjusted if the total discount value is greater than the value of your order. We reserve the right to withdraw or cancel any of our promotion codes at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the promotion codes may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of a promotion code where fraud or illegal misuse is suspected. You will have no claim against us in respect of such rejection or cancellation of a promotion code. We are not liable for any financial loss arising out of the cancellation or withdrawal of any promotion code or any failure or inability to use a promotion code for any reason.

18 Orders and Payment

ALDI reserves the right to establish a spending limit for your account. You may modify or cancel an existing order up to twenty-four (24) hours prior to pick-up time or before your items have gone out for delivery. Modifications or cancellations can be made via the order review page. Note that if you modify an order, the prices will be adjusted to the prices applicable at the time of your modification. If you change the delivery date, your desired items may no longer be available. Additional information about modification and cancellation of orders, including any applicable cancellation fees, may be found on our FAQs Page or by visiting our Consumer Help Page.

A credit or debit card will be required for all orders made through the Services. We are unable to process Electronic Benefits Transfers (EBT) through the Service. You authorize ALDI to charge the credit or debit card (or other payment method accepted by ALDI on the Services) provided by you for all purchases made through the Services through your Account, plus applicable taxes and fees (including delivery fees). Where your billing address is requested, you must provide the address and phone number your financial institution has on record, as well as the card's security code (e.g., CVC, CVV, CID). ALDI will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. You represent that you have the legal right to use any credit or debit card or other payment method provided by you and accepted by ALDI, and you further agree to promptly pay for any order through the Services placed by you or anyone who you allow to use your account credentials or password, including members of your family, friends or any other person.

When you place an order, we reserve the right to request credit card authorization for up to 110% of the order total to accommodate updates to your order, the cost of variable weight items, and anticipated charges, fees and taxes. The amount of the authorization sought will depend on the transaction and may also vary depending on the nature of the payment method you have provided. This is sometimes referred to as an authorization hold and these funds may not be available for your use. You will only be charged the actual cost that is determined after preparing and weighing variable weighted items in your order. During the payment authorization process, your credit or debit card is validated and must have enough available funds for the transaction to be approved. To confirm your method of payment is valid, ALDI may initiate a "pending" charge on the account. This charge will not be confirmed and, therefore, you will not be charged, and it will simply disappear from your financial statement (usually within seven days - check with your financial institution for additional information). Please be aware that this pending charge may be initiated each time you edit the payment information for your account or place an order that cannot be processed.

You are responsible and liable for ensuring that enough funds are available in connection with the payment method used at the time any transaction is processed. At the conclusion or termination of an ongoing transaction, if the charges do not exceed the amount due, the authorization for any amount not utilized will be released per the rules of your payment method provider. The timeframe for an authorization hold to be removed will depend on the policies of your financial institution. If you fail to pay any fees or charges when due (including the fees and charges as stated above, as well as fees and charges for returned checks, electronic payment rejection, redelivery fees, restocking fees, or damages arising from fraudulent use), you agree that we may charge any other method of payment we have on file for you (without notice to you, unless required by applicable law).

ALDI reserves the right to place you into collections if you fail to timely pay for the products and services ordered through the Services; collections may be done by ALDI or a third-party on ALDI’s behalf. You also agree that we may, at our discretion, send your account to a collection agency, and except where prohibited by local law, recover our reasonable costs of collection from you, if you fail to pay all fees due and owing to ALDI. You are responsible and liable for any fees, including attorneys’ fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you. Your credit or debit card will be charged for your order on the day your order is delivered or picked-up. For security reasons or to otherwise confirm a financial instrument or payment, ALDI may delay providing products or services even if such delay impacts a guaranteed delivery date. Please visit our FAQs page or visit our Help Center for more information about our billing policies and procedures. All orders placed through the Services are subject to ALDI's acceptance. ALDI may require verification of information prior to the acceptance and/or fulfillment of any order. Your receipt of an order confirmation does not signify ALDI's acceptance of your order. ALDI reserves the right at any time after receipt of your order to accept or decline it for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for an order that ALDI later cancels, ALDI will issue you a refund. All returns and refunds for orders placed on the Services are subject to ALDI's refund policy, available on our Help Center page.

You agree to pay all applicable fees and taxes. Applicable tax will also be applied to any shipping and handling, return shipping and other charges. Taxes may depend on delivery location, if any. We may use one or more third parties to process your payment information when you make a purchase on the Services. The payment processor may depend on the payment method you select. Additional terms and conditions imposed by the third party processor may apply.

Accounts suspected of engaging in fraudulent activity, including without limitation submitting fraudulent orders or submitting fraudulent refund requests, may be suspended or terminated in ALDI’s sole discretion.

19 Disclaimers

Your use of the Services is at your sole risk. To the maximum extent permitted by applicable law, the Services, including without limitation the Service Content and Submissions, are provided on an “as is”, “as available” and “with all faults” basis. We reserve the right to restrict or terminate your access to the Services or any feature or part thereof at any time. To the fullest extent permitted by applicable law, ALDI and its vendors and the directors, officers, employees or other representatives of each of them (collectively, the “ALDI Parties”) make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (1) the Services and Service Content; (2) Submissions; and/or (3) security associated with the transmission of information to ALDI or via the Services. In addition, to the fullest extent permissible by applicable law, the ALDI Parties expressly disclaim 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 Service Content is noninfringing, as well as warranties implied from a course of performance or course of dealing; that access to the Services will be uninterrupted or error-free; that the Services will be secure; that defects will be corrected; that the Services or the server that makes the Services available will be free from any harmful components, including without limitation viruses; or that Service Content will be complete, accurate or timely.

If you download any Service Content, 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 Service Content. No advice or information, whether oral or written, obtained by you from ALDI or through or from the Services shall create any warranty of any kind. ALDI does not make any warranties or representations regarding the use of the Service Content in terms of its completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

The ALDI Parties do not warrant that your use of the Services is lawful in any particular jurisdiction, and the ALDI Parties specifically disclaim such warranties. By accessing or using a Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services.

20 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 BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ALDI, ITS SUPPLIERS, NOR ITS THIRD PARTY PROVIDERS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, ECONOMIC, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO: (A) THE SITES OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SITES; (B) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES ; (D) ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES; (E) ALDI’S REMOVAL OR DELETION OF ANY SITE CONTENT; (F) YOUR SUBMISSIONS; (G) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ALDI PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (H) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY; (I) ANY ERRORS OR OMISSIONS IN A SITE’S TECHNICAL OPERATION; OR (J) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ALDI PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.. IN NO EVENT WILL ALDI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF THESE TERMS OF USE EXCEED $100.. 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. 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.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

21 Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the ALDI Parties from and against any and all losses, actions, claims, fines, liabilities, expenses, damages and costs, including reasonable attorneys’ and experts’ fees and court costs, arising or resulting from (i) your use of the Services, Service Content, Submissions or activities in connection with the Services; (ii) any violation of these Terms of Use; (iii) your access to or use of any Third Party Content or the Social Media Channels; (iv) your Submissions; (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, including without limitation all regulatory, administrative and legislative authorities; (vi) information or material transmitted through your computer, mobile device or other technology, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (vii) any misrepresentation made by you; (viii) the ALDI Parties’ use of your information as permitted under these Terms of Use, our Privacy Policy, or any other written agreement between you and ALDI; or (ix) 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 Services or the systems transmitting the Services to you or others, you agree to be responsible for any and all losses, actions, claims, fines, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. The ALDI Parties reserve the right, at their own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the ALDI Parties. You will cooperate as fully required by the ALDI Parties in the defense of any claim.

22 Trademarks and Copyrights

Trademarks, logos and service marks displayed on the Services 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 Services 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 Services without the owner’s prior written permission, except as otherwise described herein.

23 Termination

ALDI reserves the right to suspend or terminate your license to access and use all or some of the Services with or without notice if ALDI, in its sole discretion, determines that you are in breach of these Terms of Use or have engaged in conduct that ALDI, in its sole discretion, deems inappropriate.

In the event of suspension or termination by ALDI, we may delete your Submissions, history, and other information; and bar your further use of the Services. You understand that such actions may be taken without any liability whatsoever to you for any suspension or termination, including for deletion of Submissions.

All provisions of these Terms of Use which by their nature should survive termination, will survive termination of your access to the Services, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

If your access to the Services is terminated under these Terms of Use, then you agree that you will not attempt to access the Services through any means. In the event that you violate the immediately preceding sentence, we reserve the right, in our sole discretion, to immediately take any or all of the actions set forth in these Terms of Use without any notice or warning to you.

ALDI also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time, and with or without notice) any Service Content or discontinue and cease operation of any Service in its entirety.

24 Location of the Services and Territorial Restrictions

ALDI controls and operates the Services from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Services are appropriate for use or access in other locations. The information, products, and services provided on the Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ALDI to any registration requirement within such jurisdiction or country. Anyone using or accessing the Services from outside the United States does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any region or country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting” (including Crimea, Donetsk or Luhansk regions of Ukraine, Cuba, North Korea, Iran, as such list may be amended); or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. You agree to comply with all rules, laws and regulations that are applicable to your use of the Services, including, without limitation, those governing your transmission or use of any software or data.

25 BINDING ARBITRATION (Arbitration Agreement)

Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to these Terms of Use, or to any aspect of your relationship with ALDI will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or ALDI may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises, otherwise the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms of Use or any prior version of this Arbitration Agreement.

If you agree to arbitration with ALDI, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against the ALDI Parties alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against the ALDI Parties in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this agreement, including this Arbitration Agreement.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim. Your letter must include the date(s) and amount(s) of any relevant transaction or interaction with us and your requested relief. The letter must be sent to Attn: Legal Department, ALDI, Inc., 1245 Corporate Blvd., Aurora, IL 60505. You and we agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within sixty (60) days, you may commence an arbitration action as set forth herein. Subject to the arbitration provider’s rules, your demand for arbitration must clearly identify the claimant, the claimant’s legal claims and specific requested relief and, if filed by legal counsel, proof of express authorization by the claimant to file the arbitration demand submitted with the arbitration demand. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Unless you and ALDI agree otherwise, the arbitration will be conducted in Cook County, Illinois.

Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, will be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted by telephone, based solely on written submissions, or by in-person hearing as established by the JAMS rules. ALDI will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by ALDI after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Fees. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees, and you cannot obtain a waiver from JAMS, ALDI will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay ALDI’s attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.

Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and ALDI. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms of Use (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial. You and ALDI hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and ALDI are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in (a) of this Arbitration Agreement above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in the “Jurisdiction and Applicable Law” section below.

You and ALDI agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against ALDI within an approximately (60) sixty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than fifty (50) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and ALDI agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out by providing us written notice to: Attn: Legal Department, ALDI, Inc., 1245 Corporate Blvd., Aurora, IL 60505within 30 days after you first access the Services. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with ALDI.

Modification. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if ALDI makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to ALDI.

26 Jurisdiction and Applicable Law

To the extent any claim, dispute or controversy regarding ALDI or our Services is not arbitrable under applicable laws or otherwise: you and ALDI both agree that any claim or dispute regarding ALDI will be resolved exclusively in an Illinois court governed by the laws of the State of Illinois, without respect to its conflict of laws principles. The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Cook County, Illinois, or the United States District Court for the Northern District of Illinois and our dispute will be determined under Illinois law. If you are a consumer in the EEA, the Arbitration Agreement does not apply to you. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

27 Miscellaneous

These Terms of Use and any policies or operating rules posted on the Services (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 Section 1) 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 Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these Terms of Use is determined to be unlawful, void, overbroad, unfair or otherwise unenforceable, the remaining provisions of these Terms of Use will remain in place. The failure of ALDI to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit ALDI’s rights with respect to such breach or any subsequent breaches. No waiver by ALDI of any of these Terms of Use will be of any force or effect unless made in writing and signed by a duly authorized officer of ALDI. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. ALDI may assign its rights and duties under these Terms of Use to any party at any time without any notice to you. These Terms of Use may not be assigned by you in whole or in part without ALDI’s prior written consent. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms of Use will not be construed against ALDI by virtue of ALDI having drafted them. No amendment to or modification of these Terms of Use, or action, or delay, will be binding unless in writing and signed by ALDI.

28 How to Contact Us

If you have any questions or comments about these Terms of Use or the Services, please contact us by completing the Contact Us form on our Services, found at https://help.aldi.us/s/contact-form-other or writing to us at:

ALDI, Inc.
Attention: Internal Communications
1245 Corporate Blvd.
Aurora, IL 60505

Email: [email protected]