Terms & Conditions
Last modified: 3/25/2022
3. Changes to the Website. We may update the content on the Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
5. Accessing the Website and account security. We reserve the right to withdraw or amend the Website and any service or material that we provide on the Website at our sole discretion and without any notice. We will not be liable if for any reason all or part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts (or all) of the Website to users, including registered users.
If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. If you share this information with a third party (or authorize a third party to have access to or be linked to your account through any of the Website’s features), that individual may have access to your account and personal information, including, but not limited to, your credit card information. You agree to take responsibility for actions taken by an individual with whom you have shared or authorized access to your account.
6. Internet delays. The Website may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures, or other damages resulting from such problems.
7. Intellectual property rights. The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and their design, selection, and arrangement) are owned by us, our licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages on the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
You may not:
• Modify copies of any materials from the Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
9. Trademarks. Our company name and logo, and all trade names, product and service names, trademarks, service marks, trade dress, logos, designs, and slogans (collectively, “Trademarks”) on the Website are protected intellectual properties of us, or our affiliates or licensors. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use such Trademarks without our written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
10. Copyright infringement. If you believe that any content on the Website violates your copyright, please send a notice by email to email@example.com or mail to: The WEBstaurant Store, Inc., Attn: Legal Department, 2205 Old Philadelphia Pike, Lancaster, PA 17601. Be advised that claimants who make misrepresentations about copyright infringement may be liable for damages, including court costs and attorneys’ fees.
• In any way that violates applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit or procure the sending of any advertising or promotional material, including any junk mail, chain letter, spam, or other similar solicitation.
• To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or that, as determined in our sole discretion, may harm (or expose to liability) us or the users of the Website.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
• Use any robot, spider, or another automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website through a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
12. Reliance on information posted. The information presented on or through the Website is made available solely for general information purposes. This information is not designed to provide any professional advice, including accounting, compliance, tax, or legal advice. While we use reasonable efforts to include accurate, reliable, and up-to-date information on the Website, we do not warrant the accuracy, completeness, or usefulness of the information. Any reliance that you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such material by you or any other visitor to the Website or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by users and third-party licensors. All statements and/or opinions expressed in these materials and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinions. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
14. Linking to the Website. You may link to the Website, provided you do so in a way that is fair, legal, and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
16. Geographic restrictions. The owner of the Website is based in the Commonwealth of Pennsylvania in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws. By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of specifically designated nationals or the U.S. Commerce Department’s table of denying orders or denied persons list.
17. Disclaimer of warranties. YOU UNDERSTAND THAT WE CAN NOT AND DO NOT GUARANTEE OR WARRANT ANY FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, USAGE OF TRADE, AND NON-INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation of liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OUR RELATED COMPANIES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE (OR INABILITY TO USE) THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, AND ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF THE CAUSE OR THE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF SALES, LOSS OF PRODUCTS, GOODS, OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, FOOD SPOILAGE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR LOSS OF ANY OTHER ECONOMIC ADVANTAGE, AND WHETHER OR NOT CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. Class action waiver. YOU AGREE THAT ANY CLAIMS BROUGHT AGAINST US MUST BE IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. If the dispute is resolved through arbitration, the arbitrator may not consolidate any of the claims with another user.
Privacy & Safety
The Esupersale LLC. (“Company,” “we,” or “us”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you and our practices for collecting, maintaining, protecting, using, and disclosing that information.
This policy applies to information that we collect:
Through our Website (esupersale.com).
In email, text, chat, and other electronic messages between you and the Website.
Through mobile and desktop applications you download from the Website.
When you interact with our advertising and applications on/through third-party websites and services (if those applications or advertising include links to this policy).
From our related companies, including Calumet Enterprises, LLC, Clark Associates, Inc., Noble Chemical, Inc., Regal Foods, Inc., The Restaurant Store, Inc., Vertical Converting, LLC, and 11400, Inc.
It does not apply to information collected by:
Any third party, including through any application or content, including advertising, that may link to or be accessible from or on the Website.
1. Information we may collect about you. We collect several types of information from and about users of our Website, including information:
That personally identifies you (“Personal Information”), such as your name, mailing address, email address, telephone number, employer, and job title.
That is about you but (individually) does not identify you.
About your internet connection, the equipment you use to access our Website, and usage details (such as the pages of the Website you visit, the time of your visit, and the time spent on those pages).
2. How we collect information. We collect this information:
Directly from you (for example, from forms you complete or products and services that you purchase).
Indirectly from you (for example, from observing your actions on the Website).
From our related companies, including Calumet Enterprises, LLC, Clark Associates, Inc., Noble Chemical, Inc., Regal Foods, Inc., The Restaurant Store, Inc., Vertical Converting, LLC, and 11400, Inc.
3. Information you provide to us. The information you provide to us through our Website may include:
Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service(s), posting material, or requesting further services (including information supplied on lead generation forms found on our Website). We may also ask you for information when you enter a contest or promotion sponsored by us and when you report a problem with our Website.
Records and copies of your correspondence (including email addresses) if you contact us.
Your responses to surveys that we may ask you to complete for research purposes.
Details of transactions you carry out through our Website and of the fulfillment of your orders. You may also be required to provide financial information before placing an order through our Website.
Your search queries on the Website.
You may also provide information to be published or displayed (“posted”) on public areas of the Website or transmitted to other users of the Website or third parties (“user contributions”). Your user contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users on the Website with whom you may choose to share your user contributions. Therefore, we cannot and do not guarantee that your user contributions will not be viewed by unauthorized persons.
4. Information we collect through automatic data collection technologies. As you navigate and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Website, including traffic data (including the site you access the Website from), location data, logs, and other communication data and the resources that you access and use on the Website.
Information about your device (including any mobile device), computer, and internet connection, including model, brand, device date, IP address, operating system, mobile network, and browser type.
We may also use technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information we collect automatically includes Personal Information. It helps us improve our Website and deliver a better more personalized service to you by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interest.
Speed up your searches.
Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
Flash cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web beacons. Pages of the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you could contact the responsible provider directly.
6. How we use your information. We use information that we collect about you or that you provide to us, including any personal information:
To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.
To provide you with recommended products or services.
To allow you to participate in interactive features on the Website.
In any other way, we may describe when you provide the information.
For any other purpose with your consent.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Accepted Credit Cards (Preferred Method)
All orders must be placed online through our checkout process. We accept all major credit cards including Master Card, Visa, American Express, and Discover. We are able to accept most prepaid credit cards as long as the card has been registered with a billing address. Only a single credit card may be used to process the order.
Alternative Payments (Check, Money Order, ACH, Wire Transfer)
We accept checks, money orders, ACH, and wire transfers for orders with an order total of $500.00 or greater. The order will be placed on hold until payment has been received.
Once payment is cleared, the order will be released to process for shipment. . Personal checks are processed on Tuesdays and Fridays and will be held for 5 business days from when they are processed while they clear. All other alternative payment orders will be released as soon as the payment is received, with a minimum of 1 business day delay to receive payment.
- Credit / Debit Cards
- Offline Payments