Términos del servicio
Effective Date: July 17, 2026
Last Updated: July 17, 2026
PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use form a binding legal agreement between you and El Jefe Global, LLC. By accessing or using the Services, creating an account, or purchasing products through the Services, you agree to be bound by these Terms of Use and the policies incorporated into them by reference. If you do not agree, you must not access or use the Services.
These Terms contain important provisions concerning disclaimers, limitations of liability, dispute resolution, binding individual arbitration, and a waiver of class and representative actions. Those provisions will appear in later parts of these Terms.
1. Acceptance of the Terms
These Terms of Use are entered into by and between you and El Jefe Global, LLC (“El Jefe,” “Company,” “we,” “our,” or “us”). They govern your access to and use of www.eljefe.com, our online store, customer-account features, digital content, promotions, customer-support channels, and any other website, application, or online service that links to these Terms (collectively, the “Services”).
These Terms apply whether you access the Services as a visitor, customer, account holder, promotion participant, reviewer, or other user.
By accessing or using any part of the Services, you represent that you have read, understood, and agreed to these Terms. You also agree to comply with all policies and supplemental terms that are expressly incorporated into these Terms, including our Privacy Policy and any terms presented in connection with a particular purchase, promotion, subscription, feature, or program.
If you use the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” includes both you and the entity you represent.
2. Eligibility
You may use the Services only if you are legally capable of entering into a binding agreement and your use of the Services is permitted under applicable law.
By using the Services, you represent and warrant that:
- you are at least the age of majority in your place of residence;
- you have the legal capacity and authority to agree to these Terms;
- you are not prohibited from using the Services under any applicable law, regulation, sanction, or restriction; and
- all information you provide through the Services is truthful, accurate, current, and complete.
Our products are intended for purchase and use only by individuals who may lawfully purchase and consume them. Certain products may contain caffeine or other ingredients that are not appropriate for children or for some individuals. Product-specific eligibility, warning, and responsible-consumption provisions are addressed in the Product and Health Information section of these Terms.
We reserve the right to request information reasonably necessary to verify your identity, age, eligibility, or authority to use the Services or complete a transaction.
3. Privacy Policy and Incorporated Policies
Your use of the Services is also subject to our Privacy Policy, which explains how we collect, use, disclose, and safeguard Personal Information. The Privacy Policy is incorporated into these Terms by reference, but it remains a separate policy and is not restated here.
Additional policies or terms may apply to particular activities, including purchases, shipping, returns, promotions, subscriptions, loyalty programs, ambassador or affiliate programs, and mobile messaging. When applicable, those policies and terms are incorporated into these Terms by reference. If supplemental terms conflict with these Terms, the supplemental terms will control solely with respect to the activity they govern, unless they expressly state otherwise.
4. Changes to These Terms
We may revise these Terms from time to time to reflect changes in our Services, business practices, legal obligations, or operational needs.
Unless applicable law requires otherwise, revised Terms become effective when posted to the Services. The “Last Updated” date at the top of the Terms indicates when they were most recently revised.
Your continued use of the Services after revised Terms become effective constitutes your acceptance of those revisions. If you do not agree to the revised Terms, you must stop using the Services.
Changes to provisions governing an existing dispute will apply only to the extent permitted by applicable law.
5. Access to and Availability of the Services
We may modify, update, suspend, restrict, discontinue, or withdraw any part of the Services at any time, with or without notice, to the extent permitted by law. This may include changing product offerings, website features, account functions, content, promotions, or access requirements.
We do not guarantee that the Services, or any content or feature, will always be available, uninterrupted, secure, or error-free. Access may be interrupted by maintenance, technical failures, internet or telecommunications issues, third-party service disruptions, security concerns, events outside our reasonable control, or other operational reasons.
You are responsible for:
- obtaining and maintaining the devices, software, internet connection, and other resources needed to access the Services;
- paying any charges imposed by your internet, mobile, or other service providers;
- ensuring that anyone who accesses the Services through your device or connection is aware of and complies with these Terms; and
- using the Services in a manner that does not interfere with their operation or another person’s use.
We may limit access to some or all of the Services in particular jurisdictions or for particular users where we believe such limits are necessary or appropriate for legal, regulatory, safety, security, fraud-prevention, or business reasons.
6. Customer Accounts
Certain features may require you to create a customer account. You are not permitted to create an account using false information, information belonging to another person, or credentials that you are not authorized to use.
You agree to keep your account information accurate and current. We may rely on the information associated with your account when processing orders, communicating with you, administering benefits, or responding to requests.
Unless we expressly authorize otherwise, each account is personal to the registered user and may not be sold, transferred, assigned, shared, or used for unauthorized commercial purposes.
We may refuse registration, require additional verification, merge duplicate accounts where appropriate, or suspend or close an account if we reasonably believe that:
- information provided is false, incomplete, outdated, or misleading;
- the account is being used fraudulently, unlawfully, or contrary to these Terms;
- the account creates a security, safety, legal, or operational risk;
- the account has been compromised; or
- such action is necessary to protect El Jefe, our customers, our service providers, or third parties.
7. Account Credentials and Security
You are responsible for maintaining the confidentiality of your username, password, verification codes, and other account credentials. You are also responsible for activity conducted through your account to the extent permitted by applicable law.
You agree to:
- use a unique and reasonably secure password;
- not disclose your account credentials to another person;
- not allow another person to access the Services through your account;
- sign out of your account when using a shared or public device; and
- promptly notify us if you suspect unauthorized access, credential theft, fraud, or another security incident involving your account.
We may require you to reset your credentials, complete additional authentication, or take other reasonable security measures. We are not responsible for losses caused by your failure to protect your credentials or promptly report suspected unauthorized use, except where liability cannot be excluded under applicable law.
To request assistance with an account or to request account closure, contact us at info@eljefe.com. Account closure does not automatically cancel orders, resolve outstanding balances, or eliminate rights and obligations that arose before closure.
8. Electronic Communications
When you visit the Services, create an account, place an order, or communicate with us electronically, you consent to receive transactional communications from us electronically, including by email, website notice, or account notification. Transactional communications may include order confirmations, shipping notices, security alerts, account notices, policy updates, and customer-service messages.
You agree that electronic communications, notices, disclosures, and records satisfy any legal requirement that such communications be in writing, to the extent permitted by law.
Marketing communications are governed by the consent choices and opt-out methods described at the time of enrollment and in our Privacy Policy. Agreeing to these Terms does not require you to consent to optional marketing communications.
9. Geographic Availability
The Services are controlled and operated from the United States. We make no representation that the Services, products, promotions, or content are appropriate, available, or lawful in every location.
If you access the Services from outside the United States, you do so on your own initiative and are responsible for complying with applicable local laws. We may restrict orders, shipping destinations, promotions, account features, or other Services based on location, legal requirements, carrier availability, product restrictions, or business considerations.
10. Suspension and Termination of Access
We may suspend, restrict, or terminate your access to any part of the Services, disable credentials, cancel benefits, or close an account if we reasonably believe you have violated these Terms, engaged in fraud or misuse, created a security or legal risk, interfered with the Services, or harmed El Jefe or another person.
Where appropriate, we may take these actions without prior notice. We may also preserve records, cooperate with law enforcement, pursue available legal remedies, or take other action reasonably necessary to protect our rights and the integrity of the Services.
You may stop using the Services at any time. Provisions that by their nature should survive termination—including provisions relating to ownership, payment obligations, disclaimers, limitations of liability, indemnification, dispute resolution, and interpretation—will remain in effect after your access or account ends.
11. Product Information and Availability
We aim to present accurate and current information about our products, including descriptions, ingredients, flavors, sizes, packaging, images, availability, and pricing. However, product information may occasionally contain errors, omissions, or outdated details.
Product images are provided for general reference. Colors, packaging, labels, graphics, dimensions, and other visual details may appear differently depending on your device, display settings, production run, market, or product updates. We may change product formulations, packaging, labeling, specifications, or availability without notice where permitted by law.
All products are subject to availability. Displaying a product through the Services does not guarantee that it is in stock, available in your location, or available at a particular price. We may limit quantities, discontinue products, restrict sales by location, or decline to offer a product to a particular customer where reasonably necessary for legal, safety, fraud-prevention, inventory, or business reasons.
If a product becomes unavailable after you place an order, we may cancel the affected item or order and issue any refund required by applicable law.
12. Orders and Acceptance
Your submission of an order is an offer to purchase the products listed in the order, subject to these Terms and any additional terms shown at checkout. An automated order confirmation acknowledges that we received your order; it does not necessarily mean that we have accepted it.
We may review an order before accepting it. An order is accepted when we send a shipment confirmation, make the product available for pickup, or otherwise expressly confirm acceptance.
We reserve the right, to the extent permitted by law, to refuse, limit, hold, or cancel an order before acceptance. Reasons may include:
- product unavailability or inventory errors;
- incorrect pricing, product descriptions, or promotional information;
- payment authorization problems;
- suspected fraud, abuse, unauthorized resale, or misuse of a promotion;
- shipping restrictions or an undeliverable address;
- orders that exceed stated or reasonable quantity limits;
- legal, regulatory, sanctions, or safety restrictions; or
- other circumstances that make fulfillment impracticable or inappropriate.
If we cancel an order after payment has been collected, we will issue a refund to the original payment method as required by applicable law. Financial institutions may require additional time to post the refund.
13. Accuracy of Order Information
You are responsible for reviewing your order before submitting it and for providing complete and accurate billing, shipping, contact, and payment information.
After an order is submitted, we cannot guarantee that changes can be made. Requests to change or cancel an order should be submitted promptly through the contact method listed on the Services. We may be unable to make changes once processing or fulfillment has begun.
You are responsible for additional costs or delivery problems caused by inaccurate or incomplete information you provide, except where applicable law requires otherwise.
14. Pricing and Corrections
Prices are displayed in the currency identified through the Services and may change without notice. Unless expressly stated otherwise, prices do not include taxes, shipping charges, handling charges, customs duties, import fees, or other charges that may apply.
We attempt to ensure that pricing and product information are accurate. However, typographical, technical, promotional, or other errors may occur. If an error affects an order, we may correct the error and, where appropriate, contact you with the option to confirm the order at the corrected price or cancel it.
If the correct price is lower than the price you paid, we may refund the difference. If the correct price is higher, we will not charge the higher amount without your authorization.
Prices and promotions offered through the Services may differ from prices or promotions offered by third-party retailers, distributors, marketplaces, events, or physical locations.
15. Taxes and Government Charges
You are responsible for all sales, use, excise, value-added, customs, import, and similar taxes or government charges associated with your purchase, except taxes imposed on our net income.
Where we are required to collect taxes, the amount will generally be calculated using the information available at checkout. Tax calculations may change if your shipping address, applicable rate, product classification, or other relevant information changes.
For international orders, the recipient may be responsible for customs duties, import taxes, brokerage charges, or other fees imposed by the destination country or carrier. Unless expressly stated at checkout, those charges are not included in the purchase price or shipping fee.
16. Payment Authorization
We may accept payment methods made available at checkout, which may include payment cards, digital wallets, accelerated checkout services, gift cards, or other third-party payment options.
By submitting payment information, you represent and warrant that:
- you are authorized to use the selected payment method;
- the payment information you provide is accurate and complete;
- you authorize us and our payment service providers to charge the total amount shown at checkout, including applicable taxes and fees; and
- you will not initiate an improper or fraudulent payment dispute.
Your payment may be authorized when the order is placed and captured at that time or later, depending on the payment method, fulfillment process, and applicable law. A temporary authorization hold may appear on your account even if an order is later canceled.
Payment services are provided in part by third parties. Your use of a third-party payment service may also be subject to that provider’s terms and privacy practices.
17. Fraud Prevention and Order Verification
We may use reasonable measures to verify orders, payment methods, customer identity, billing information, delivery information, or transaction risk. These measures may include requesting additional information or documentation, placing an order on hold, limiting quantities, or contacting you using the information provided with the order.
Failure to complete a requested verification may result in delay or cancellation. We may also cancel or restrict transactions that we reasonably suspect involve fraud, unauthorized payment activity, account compromise, abusive purchasing practices, promotion misuse, or unlawful resale.
18. Shipping and Delivery
Shipping options, estimated delivery windows, rates, carrier information, and any location restrictions will be displayed through the Services or described in our separate Shipping Policy.
Delivery dates are estimates unless we expressly state otherwise. Actual delivery may be affected by inventory, order verification, carrier performance, weather, holidays, labor disruptions, customs processing, incorrect addresses, remote locations, force majeure events, or other circumstances outside our reasonable control.
We will ship orders within the time promised or otherwise handle delays, cancellation rights, and refunds as required by applicable law. If no shipping time is stated, applicable law may require shipment within a specified period.
You are responsible for providing a secure and deliverable address. We are not responsible for delays or losses caused by an incorrect, incomplete, inaccessible, or unauthorized delivery location provided by you, except to the extent liability cannot be excluded under applicable law.
We may use third-party carriers and fulfillment providers. Carrier tracking information is provided for convenience and may not always be current or error-free.
19. Title and Risk of Loss
Unless otherwise stated at checkout or required by applicable law, title to and risk of loss for products purchased through the Services pass to you when the products are delivered to you or to a person or location you designated for delivery.
If you authorize a carrier to leave a package unattended, redirect delivery, deliver to an alternate location, or release the package without a signature, responsibility may pass when the carrier completes delivery in accordance with your authorization, subject to applicable law.
This section does not limit any rights you may have regarding goods that are damaged, defective, misdelivered, or not received.
20. Lost, Damaged, Incorrect, or Missing Orders
You should inspect your order promptly after delivery. If an order is lost, damaged, incomplete, incorrect, or appears to have been tampered with, contact us as soon as reasonably possible and provide the order number, a description of the issue, and any reasonably requested photographs or supporting information.
Depending on the circumstances, we may investigate with the carrier or fulfillment provider and may offer a replacement, reshipment, refund, store credit, or another remedy. Any remedy is subject to product availability, the facts of the claim, our applicable policies, and rights that cannot be limited under law.
We may decline claims that are fraudulent, abusive, unsupported, submitted after an unreasonable delay, or caused by an incorrect address or unauthorized delivery instruction supplied by the customer, except where applicable law provides otherwise.
21. Customer Cancellations
You may request cancellation before an order enters processing or fulfillment. A cancellation request is not effective until confirmed by us.
Once an order has been processed, packed, or transferred to a carrier, we may be unable to cancel it. In that case, the order may be handled under our Return Policy after delivery, if eligible.
Custom, personalized, final-sale, promotional, perishable, or otherwise restricted products may not be cancellable or returnable where disclosed and permitted by law.
22. Returns, Exchanges, and Refunds
Returns, exchanges, and refunds are governed by our separate Return and Refund Policy, which is incorporated into these Terms by reference.
The Return and Refund Policy may address eligibility periods, product condition requirements, proof of purchase, exclusions, return shipping, damaged products, refund timing, and other procedures. You are responsible for reviewing that policy before completing a purchase.
Nothing in these Terms or the Return and Refund Policy limits any non-waivable rights or remedies available under applicable consumer-protection law.
Approved refunds will generally be issued to the original payment method unless otherwise required by law or agreed by us. Processing times vary by payment provider and financial institution.
23. Promotions, Discount Codes, and Pricing Offers
Promotional pricing, discount codes, bundles, gifts with purchase, free shipping, and similar offers are subject to the terms disclosed with the offer.
Unless expressly stated otherwise:
- offers are available for a limited time and while supplies last;
- offers may not be combined;
- discount codes have no cash value and may not be sold or transferred;
- offers apply only to eligible products and customers;
- taxes, shipping, and other charges may not qualify for discounts;
- quantity, geographic, account, or household limits may apply; and
- returns may reduce or eliminate the value of a promotion.
We may reject, suspend, or revoke a promotion where we reasonably believe it has been obtained or used through fraud, automation, duplication, resale, technical manipulation, multiple-account abuse, or another violation of the offer terms or these Terms.
24. Resale and Commercial Purchasing
Unless we expressly authorize otherwise in writing, products purchased through the Services are intended for personal use and not for commercial resale, redistribution, export, repackaging, relabeling, or use in a way that suggests an unauthorized relationship with El Jefe.
We may limit quantities, cancel orders, restrict accounts, or take other reasonable action where we believe purchases are intended for unauthorized resale or distribution.
Authorized distributors, wholesalers, retailers, ambassadors, affiliates, and other commercial partners may be subject to separate written agreements. These Terms do not grant any right to represent, distribute, or resell El Jefe products.
25. Gift Cards and Store Credit
If gift cards, digital credits, promotional credits, or store credits are offered through the Services, they are subject to any terms presented at issuance or redemption and to applicable law.
Unless required by law, gift cards and credits:
- are not redeemable for cash;
- may not be resold or transferred for value;
- may not be used to purchase other gift cards;
- may be canceled if obtained or used fraudulently; and
- must be protected like cash because replacement may not be available if lost or stolen.
26. Chargebacks and Payment Disputes
We encourage you to contact us first if you believe there is an error with an order or payment so that we may attempt to resolve the issue promptly.
Nothing in these Terms limits your right to dispute a charge through your payment provider where permitted by law. However, you may not knowingly submit a false, misleading, or fraudulent chargeback or payment dispute.
We may provide transaction records, delivery information, communications, and other relevant evidence to payment providers or financial institutions when responding to a dispute.
27. No Continuing Obligation to Sell
No purchase gives you a continuing right to buy a product in the future or obligates us to maintain any product, price, flavor, package format, promotion, sales channel, shipping destination, or purchase feature.
We may discontinue, reformulate, rename, redesign, replace, restrict, or otherwise change products and commercial offerings at any time, subject to applicable law and any obligations relating to orders already accepted.
28. Permitted Use of the Services
Subject to your compliance with these Terms, El Jefe Global, LLC ("El Jefe," "we," "our," or "us") grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services solely for your personal, lawful, and non-commercial purposes.
This license does not transfer ownership of any portion of the Services or any intellectual property rights. Except for the limited rights expressly granted in these Terms, El Jefe retains all rights, title, and interest in and to the Services, the Website, the Products, and all related content and intellectual property.
You may use the Services to:
- Browse and learn about our Products and brand;
- Create and manage a customer account;
- Purchase Products for personal or household use;
- Communicate with our customer support team;
- Participate in promotions, loyalty programs, contests, or surveys that we make available;
- Submit reviews, comments, or other User Content in accordance with these Terms; and
- Access other features that we expressly make available through the Services.
You are responsible for ensuring that your use of the Services complies with these Terms and all applicable laws, regulations, and governmental requirements.
You are responsible for all activities conducted through your Account, whether or not those activities are authorized by you.
We may suspend, restrict, or terminate access to all or part of the Services at any time if we reasonably believe that doing so is necessary to protect our customers, business operations, intellectual property, employees, technology, suppliers, or legal rights.
29. Acceptable Conduct
We strive to provide a safe, secure, and enjoyable experience for all customers. By accessing or using the Services, you agree to conduct yourself responsibly and respectfully.
When using the Services, you agree to:
- Provide truthful, current, and accurate information;
- Maintain the confidentiality of your Account credentials;
- Promptly update your information if it changes;
- Respect the rights and privacy of other users;
- Comply with all applicable laws and regulations;
- Use the Services only for legitimate purposes;
- Cooperate with reasonable security measures implemented by El Jefe; and
- Promptly notify us if you become aware of unauthorized access to your Account or any suspected security incident involving the Services.
You agree not to interfere with the operation of the Services or engage in conduct that could impair the experience of other customers.
If we request information to verify your identity, eligibility, payment method, or compliance with these Terms, you agree to provide reasonably requested information within a reasonable period of time.
30. Prohibited Activities
Without limiting any other provision of these Terms, you agree that you will not, and will not permit any other person to, engage in any of the following activities:
- Use the Services for any unlawful, fraudulent, deceptive, or misleading purpose;
- Violate any applicable law, regulation, court order, or governmental requirement;
- Impersonate another person or entity or falsely represent your affiliation with any individual, business, or organization;
- Create multiple Accounts to evade restrictions or obtain unauthorized benefits;
- Provide false, inaccurate, or misleading registration or payment information;
- Attempt to gain unauthorized access to any account, computer system, network, database, or portion of the Services;
- Interfere with or disrupt the security, stability, availability, or integrity of the Services;
- Upload, transmit, distribute, or introduce malicious code, viruses, worms, ransomware, spyware, Trojan horses, or other harmful software;
- Attempt to bypass authentication, encryption, security features, rate limits, or access controls;
- Use the Services to harass, threaten, abuse, intimidate, or harm another person;
- Post defamatory, obscene, unlawful, discriminatory, hateful, or otherwise objectionable material;
- Submit false reviews or manipulate product ratings or customer feedback;
- Encourage others to violate these Terms;
- Use the Services in a manner that could damage the reputation, goodwill, or business interests of El Jefe;
- Use the Services to advertise or promote products or services without our prior written consent;
- Collect or harvest personal information belonging to other users without authorization;
- Use the Services to send spam, chain letters, unsolicited commercial messages, or other unauthorized communications;
- Frame, mirror, or otherwise reproduce any portion of the Website without our prior written permission;
- Circumvent or attempt to circumvent any geographic, technical, or contractual restrictions applicable to the Services;
- Use the Services in any manner that places an unreasonable or disproportionate burden on our infrastructure or technology resources; or
- Assist, encourage, or enable any third party to engage in any activity prohibited by these Terms.
The examples above are illustrative and not exhaustive. We reserve the right to determine, in our reasonable discretion, whether particular conduct violates these Terms or otherwise threatens the integrity, security, or intended operation of the Services.
31. Automated Access, Bots, and Artificial Intelligence
To protect the integrity, security, performance, and availability of the Services, certain forms of automated access are strictly prohibited unless expressly authorized by El Jefe in writing.
Except as permitted through publicly documented tools or interfaces that we expressly make available, you agree that neither you nor anyone acting on your behalf will:
- Use robots, bots, spiders, crawlers, scrapers, or other automated means to access, monitor, copy, index, or collect information from the Services;
- Use automated software to place orders, reserve inventory, redeem promotions, or otherwise interact with the Services in a manner unavailable to ordinary customers;
- Harvest product information, pricing, customer reviews, images, descriptions, or other Content for commercial purposes without our prior written consent;
- Access the Services using scripts, automation tools, browser extensions, or software intended to bypass normal customer interactions or security measures;
- Circumvent rate limits, authentication requirements, CAPTCHA systems, or other protective technologies implemented by El Jefe;
- Use the Services to create competing databases, catalogs, search engines, marketplaces, or commercial directories.
You also may not use any portion of the Services or Content for the purpose of developing, improving, training, validating, benchmarking, or operating artificial intelligence systems, machine learning models, large language models, generative AI systems, neural networks, or similar technologies without our prior written permission.
This restriction applies regardless of whether the data is collected manually, automatically, through browser automation, APIs, scraping software, artificial intelligence agents, autonomous systems, or any other technology.
You may not use our trademarks, product images, packaging, marketing materials, logos, photographs, videos, recipes, written descriptions, or other Content as training data for any artificial intelligence model or dataset unless expressly authorized by El Jefe in writing.
You may not use artificial intelligence or automated systems to generate content that falsely suggests sponsorship, endorsement, affiliation, or approval by El Jefe.
Likewise, you may not create or distribute deepfakes, synthetic media, manipulated images, voice simulations, or other AI-generated materials that use or imitate El Jefe's brand, employees, representatives, products, packaging, trademarks, trade dress, or advertising in a misleading or deceptive manner.
Any unauthorized automated access may result in immediate suspension of access, cancellation of orders, blocking of IP addresses, termination of Accounts, and any other remedies available under applicable law.
32. Security
The security of the Services is important to us. You agree not to engage in any activity that compromises, attempts to compromise, or could reasonably be expected to compromise the confidentiality, integrity, or availability of the Services.
Without limiting the foregoing, you agree not to:
- Attempt to gain unauthorized access to servers, databases, networks, accounts, payment systems, or administrative functions;
- Probe, scan, test, benchmark, or evaluate vulnerabilities without our prior written authorization;
- Launch or participate in denial-of-service, distributed denial-of-service (DDoS), credential stuffing, brute-force, password spraying, or similar attacks;
- Interfere with network traffic or system performance;
- Attempt to decrypt, intercept, alter, monitor, or redirect communications transmitted through the Services;
- Use stolen credentials or credentials belonging to another person;
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying technology of any portion of the Services except where such restriction is prohibited by applicable law;
- Use the Services to distribute malware or engage in phishing, fraud, identity theft, or other malicious activity; or
- Knowingly exploit any software bug, security flaw, or unintended feature for personal gain or to the detriment of El Jefe or other users.
If you discover a potential vulnerability or security issue affecting the Services, you agree to report it promptly to El Jefe and refrain from publicly disclosing or exploiting the issue until we have had a reasonable opportunity to investigate and address it.
Nothing in these Terms grants permission to conduct penetration testing, vulnerability assessments, or other security research against the Services without our prior written authorization.
We reserve the right to investigate suspected security incidents, cooperate with law enforcement authorities, and take any action we reasonably believe is necessary to protect the Services, our customers, and our business.
33. Website Availability
We strive to keep the Services available and operating reliably; however, we do not guarantee that the Services will always be available, uninterrupted, secure, error-free, or free from delays.
The Services may be unavailable from time to time due to scheduled maintenance, emergency maintenance, software updates, hardware failures, telecommunications disruptions, cyber incidents, third-party service interruptions, natural disasters, governmental actions, or other events beyond our reasonable control.
We may modify, suspend, discontinue, remove, replace, or update any portion of the Services, including features, functionality, Products, content, pricing, promotions, or technical capabilities, at any time and without prior notice.
We are not liable for any loss, damage, or inconvenience resulting from temporary interruptions, maintenance periods, technical failures, internet outages, or other interruptions affecting access to the Services.
You are responsible for obtaining and maintaining the devices, software, internet connection, and telecommunications services necessary to access the Services.
Continued improvement of the Services may require updates, upgrades, or changes that affect compatibility with certain devices, browsers, or operating systems. We do not guarantee ongoing compatibility with all technologies or configurations.
34. Third-Party Services
The Services may contain links to, integrate with, or otherwise provide access to websites, applications, platforms, payment processors, social media networks, delivery providers, analytics providers, advertising partners, or other products and services operated by third parties ("Third-Party Services").
Third-Party Services are provided solely for your convenience. Their availability through or in connection with the Services does not constitute an endorsement, sponsorship, partnership, or recommendation by El Jefe unless expressly stated.
El Jefe does not own or control Third-Party Services and is not responsible for their content, security, availability, policies, business practices, products, or services.
Your interactions with Third-Party Services are governed exclusively by the terms, conditions, and privacy policies of those third parties. You are responsible for reviewing those documents before using any Third-Party Service.
Without limiting the foregoing, El Jefe is not responsible for:
- Payment processing performed by third-party payment providers;
- Shipping or delivery services provided by independent carriers;
- Social media platforms on which El Jefe maintains official accounts;
- Advertising networks or marketing partners;
- External websites linked from the Services;
- Products or services offered by third parties; or
- Any loss or damage arising from your use of Third-Party Services.
Your decision to access or use any Third-Party Service is entirely at your own risk.
We reserve the right to add, remove, suspend, or replace Third-Party Services at any time without prior notice.
35. Reservation of Rights
Except for the limited rights expressly granted to you under these Terms, El Jefe reserves all rights, title, and interests in and to the Services, the Website, the Products, the Content, and all El Jefe intellectual property.
No provision of these Terms shall be interpreted as granting any license, ownership interest, or other right by implication, estoppel, waiver, or otherwise unless expressly stated.
Without limiting our other rights, El Jefe reserves the right, at any time and in its sole discretion, to:
- Modify, update, improve, suspend, or discontinue any portion of the Services;
- Add, remove, or modify Products, features, functionality, pricing, promotions, or content;
- Correct typographical, pricing, inventory, technical, or administrative errors;
- Limit access to certain portions of the Services;
- Refuse service or cancel transactions where permitted by applicable law;
- Investigate suspected violations of these Terms;
- Monitor use of the Services to protect customers, employees, suppliers, and business operations;
- Cooperate with law enforcement authorities or governmental agencies where required or appropriate under applicable law; and
- Exercise any additional rights available under applicable law or these Terms.
The failure of El Jefe to enforce any provision of these Terms on one occasion does not waive our right to enforce that provision or any other provision in the future.
36. Suspension and Termination of Access
El Jefe may suspend, restrict, disable, or terminate your access to all or part of the Services, with or without notice, if we reasonably believe that:
- You have violated these Terms;
- Your Account has been used for fraudulent, deceptive, or unlawful activity;
- Your conduct poses a security risk to the Services or other users;
- Continued access could expose El Jefe, its customers, or its business partners to legal liability or operational risk;
- We are required to do so by law, court order, governmental authority, or regulatory requirement; or
- Suspension or termination is otherwise reasonably necessary to protect the Services, our intellectual property, our employees, our customers, or our business interests.
Where appropriate, we may investigate suspected violations before taking action. We may also cooperate with law enforcement authorities, regulatory agencies, payment processors, internet service providers, or other third parties in connection with actual or suspected unlawful conduct.
Termination of your access does not relieve you of any obligations incurred before termination, including payment obligations or liability arising from prior conduct.
Any provisions of these Terms that by their nature should survive suspension or termination—including provisions relating to intellectual property, payment obligations, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and any accrued rights or remedies—will remain in full force and effect following termination.
Nothing in this Section limits any other legal or equitable remedies available to El Jefe under these Terms or applicable law.
37. Ownership of the Services and Content
The Services, Website, Products, and all Content made available through or in connection with the Services are owned by or licensed to El Jefe Global, LLC and are protected by United States and international laws governing intellectual property, proprietary rights, unfair competition, and other applicable laws.
Unless otherwise expressly identified, all Content—including text, product descriptions, graphics, logos, icons, illustrations, photographs, videos, audio recordings, artwork, packaging designs, labels, page layouts, software, source code, object code, databases, user interfaces, website design, digital experiences, marketing materials, promotional campaigns, downloads, documentation, and other materials—are the exclusive property of El Jefe or its licensors.
The organization, selection, arrangement, compilation, appearance, and presentation of the Services are also protected by applicable intellectual property laws.
Your access to the Services does not transfer any ownership interest in the Services or any Content. Except for the limited license expressly granted in these Terms, no right, title, or interest is transferred to you.
Any rights not expressly granted under these Terms are reserved by El Jefe and its licensors.
38. Copyright
All copyrightable materials contained within the Services are owned by El Jefe, its affiliates, licensors, content providers, or other respective rights holders and are protected under applicable copyright laws and international copyright treaties.
Except as expressly permitted by these Terms or applicable law, you may not:
- Copy, reproduce, duplicate, or republish any Content;
- Modify, adapt, translate, or prepare derivative works;
- Distribute, license, sublicense, rent, lease, sell, or commercially exploit any Content;
- Publicly display, publicly perform, transmit, broadcast, or otherwise communicate any Content;
- Remove, obscure, or alter copyright notices, proprietary legends, watermarks, or attribution information; or
- Use any Content in a manner that infringes or misappropriates the intellectual property rights of El Jefe or any third party.
Limited downloading or printing of individual pages is permitted solely for your personal, lawful, and non-commercial use, provided that you do not modify the Content and retain all copyright and proprietary notices.
Nothing in these Terms limits any rights that El Jefe may have under applicable copyright law.
39. Trademarks, Service Marks, and Brand Assets
EL JEFE™, EL JEFE ENERGY™, LA JEFA™, FUEL FOR THE FEARLESS™, together with all associated logos, trade names, product names, slogans, designs, graphics, symbols, icons, packaging elements, and other brand identifiers used in connection with the Services (collectively, the "El Jefe Marks"), are proprietary assets of El Jefe or are used under valid license.
The El Jefe Marks may be protected by common law trademark rights, pending trademark applications, registered trademarks, foreign registrations, renewals, extensions, and other intellectual property rights now existing or acquired in the future.
Nothing contained in the Services grants, by implication, estoppel, or otherwise, any license or right to use any El Jefe Mark without our prior written permission.
You may not use any El Jefe Mark in connection with any product, service, website, business, advertising, social media account, domain name, username, metadata, search advertising, or other activity in a manner that is likely to cause confusion, suggest sponsorship or endorsement, dilute the distinctiveness of our brand, or otherwise infringe our rights.
Any goodwill arising from authorized use of the El Jefe Marks shall inure exclusively to the benefit of El Jefe.
40. Trade Dress and Product Presentation
The distinctive appearance and commercial presentation of El Jefe Products and Services—including packaging, labels, color combinations, can designs, bottle designs, container shapes, typography, layouts, graphics, visual themes, website appearance, promotional displays, advertising style, and other source-identifying elements—may constitute valuable trade dress and proprietary brand assets protected under applicable law.
You may not copy, imitate, reproduce, market, distribute, or otherwise use any trade dress or product presentation that is confusingly similar to that of El Jefe or likely to cause consumers to believe that your products, services, or business are associated with, endorsed by, or affiliated with El Jefe.
Nothing in these Terms shall be interpreted as limiting any trade dress, unfair competition, passing off, or other rights available to El Jefe under applicable law.
41. Limited License to Use the Services
Subject to your continued compliance with these Terms, El Jefe grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services solely for your personal, lawful, and non-commercial use.
This license permits you only to access the Services in the manner expressly intended by El Jefe. Except as expressly authorized by these Terms or required by applicable law, you may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, sell, lease, license, sublicense, reverse engineer, or otherwise exploit any portion of the Services or the Content.
This limited license does not include any right to:
- Use the Services for commercial purposes without our prior written consent;
- Reproduce or redistribute Content outside the ordinary functionality of the Services;
- Create competing products or services using the Services or any Content;
- Remove, alter, or obscure proprietary notices or branding;
- Use the Services in any manner prohibited by these Terms or applicable law; or
- Authorize any third party to exercise rights that have not been expressly granted to you.
This license automatically terminates if you violate these Terms or if your access to the Services is suspended or terminated. Upon termination, you must immediately cease all use of the Services and any Content obtained through them, except to the extent continued retention is required by applicable law.
42. User Content and License to El Jefe
Certain features of the Services may permit you to submit, upload, publish, transmit, or otherwise provide reviews, photographs, videos, comments, testimonials, suggestions, ideas, social media posts, contest entries, messages, or other materials ("User Content").
You retain ownership of any intellectual property rights you hold in your User Content. However, by submitting User Content through or in connection with the Services, you grant El Jefe a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free, fully paid-up license to use, reproduce, store, host, copy, modify, adapt, publish, translate, distribute, publicly perform, publicly display, create derivative works from, and otherwise use your User Content in any media or format now known or later developed, for any lawful business purpose.
This license includes the right to use your User Content in connection with advertising, marketing, product packaging, promotional campaigns, websites, social media channels, retail displays, investor presentations, internal business operations, public relations, and other commercial or non-commercial purposes.
You represent and warrant that:
- You own or otherwise control all rights necessary to submit the User Content;
- Your User Content does not infringe or violate the rights of any person or entity;
- Your User Content is accurate to the best of your knowledge;
- Your submission complies with these Terms and applicable law; and
- You have obtained any necessary permissions from identifiable individuals appearing in photographs, videos, or other materials you submit.
You further agree that your User Content will not:
- Contain unlawful, fraudulent, defamatory, obscene, threatening, abusive, hateful, discriminatory, or misleading material;
- Violate any intellectual property, privacy, publicity, or contractual rights;
- Contain malware, malicious code, or harmful software;
- Promote unlawful conduct or dangerous activities; or
- Contain false endorsements or misleading representations regarding El Jefe or its Products.
We are not obligated to publish, maintain, or use any User Content. We reserve the right, but not the obligation, to review, edit, refuse, remove, or disable User Content at any time and for any reason, with or without notice.
43. Feedback and Suggestions
We welcome comments, ideas, suggestions, recommendations, product concepts, feature requests, marketing proposals, and other feedback regarding the Services or our Products ("Feedback").
If you voluntarily provide Feedback to El Jefe, you acknowledge and agree that:
- Your Feedback is provided voluntarily and without expectation of compensation;
- El Jefe is under no obligation to maintain the Feedback in confidence unless otherwise agreed in writing;
- El Jefe may use, evaluate, modify, implement, commercialize, license, disclose, publish, or otherwise exploit the Feedback for any purpose without restriction or compensation to you; and
- You waive any claim that El Jefe's use of your Feedback infringes any right you may have in that Feedback, except where such waiver is prohibited by applicable law.
This Section does not limit any rights that El Jefe may otherwise possess under applicable law.
44. Copyright Infringement (DMCA)
El Jefe respects the intellectual property rights of others and expects users of the Services to do the same.
If you believe that any Content available through the Services infringes your copyright, you may submit a written notice requesting removal of the allegedly infringing material. Your notice should include sufficient information to identify the copyrighted work, identify the allegedly infringing material, provide your contact information, include a statement of your good-faith belief that the disputed use is unauthorized, include a statement made under penalty of perjury that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner, and bear your physical or electronic signature.
Upon receipt of a substantially complete notice, El Jefe may investigate the claim and take any action we consider appropriate under applicable law, including removing or disabling access to the challenged material.
If you believe that material removed following a copyright complaint was removed in error or as a result of misidentification, you may submit a counter-notification in accordance with applicable law.
El Jefe reserves the right to terminate, suspend, or restrict the Accounts of repeat intellectual property infringers where appropriate and consistent with applicable law.
Nothing in this Section limits any rights or remedies available to El Jefe or any copyright owner under applicable law.
45. Brand Protection and Unauthorized Use
El Jefe has invested substantial time, effort, and resources in developing and protecting its brand identity, reputation, goodwill, and intellectual property. You agree not to engage in any activity that infringes, misappropriates, dilutes, tarnishes, or otherwise harms the El Jefe brand or the goodwill associated with it.
Without our prior written consent, you may not:
- Register, purchase, use, or attempt to register any domain name, subdomain, social media handle, username, business name, or online identifier that incorporates or is confusingly similar to any El Jefe Marks;
- Create websites, advertisements, social media accounts, or digital content that falsely suggests an affiliation with, sponsorship by, endorsement from, or approval by El Jefe;
- Represent yourself as an employee, representative, distributor, franchisee, ambassador, influencer, affiliate, or authorized reseller of El Jefe when no such relationship exists;
- Use the El Jefe Marks in keyword advertising, search engine marketing, metadata, hidden text, hashtags, or similar technologies in a manner likely to cause confusion regarding the source, sponsorship, or affiliation of goods or services;
- Modify, distort, animate, combine with other branding, or otherwise alter any El Jefe Mark in a manner that may damage the integrity or distinctiveness of our brand;
- Create counterfeit products, imitation packaging, look-alike branding, or confusingly similar marketing materials;
- Create, distribute, or publish deepfakes, synthetic media, manipulated audio, AI-generated images, videos, voices, or other content that falsely depicts El Jefe, our Products, our employees, or our representatives;
- Use the El Jefe Marks in connection with unlawful, offensive, defamatory, misleading, fraudulent, or deceptive content; or
- Engage in any conduct that is likely to dilute, tarnish, or otherwise impair the distinctiveness or reputation of the El Jefe brand.
Nothing in these Terms grants you any ownership interest in or right to use the El Jefe Marks except as expressly authorized in writing by El Jefe.
46. Commercial Misuse and Unauthorized Resale Materials
Unless expressly authorized in writing by El Jefe, you may not reproduce, distribute, publish, display, or commercially exploit any Content for resale, marketing, advertising, or other commercial purposes.
Without limiting the foregoing, you may not:
- Copy or republish product descriptions, specifications, nutritional information, marketing copy, recipes, graphics, videos, or promotional materials from the Services;
- Download or reproduce product photographs, packaging images, advertising assets, lifestyle photography, or other visual content for commercial use;
- Create catalogs, databases, comparison tools, shopping guides, or commercial collections using Content from the Services;
- Use Content from the Services to promote unauthorized resale activities or competing products;
- Reproduce packaging designs, labels, artwork, or trade dress in connection with unauthorized products or services; or
- Represent copied Content as your own or remove copyright, trademark, attribution, or proprietary notices.
Nothing in this Section prohibits lawful resale of genuine Products where permitted by applicable law. However, these Terms do not authorize the reproduction or commercial use of El Jefe's intellectual property in connection with any resale activity.
47. Enforcement of Intellectual Property Rights
El Jefe actively protects its intellectual property and reserves the right to investigate suspected violations of these Terms or applicable law.
Where appropriate, El Jefe may, without limitation:
- Request the removal of infringing or unauthorized content;
- Issue cease-and-desist demands;
- Submit trademark, copyright, or intellectual property complaints to online marketplaces, social media platforms, domain registrars, hosting providers, search engines, advertising networks, or other intermediaries;
- Suspend or terminate Accounts that violate these Terms;
- Refuse or cancel orders associated with suspected intellectual property violations;
- Cooperate with law enforcement authorities, governmental agencies, customs officials, or regulatory bodies;
- Seek temporary, preliminary, or permanent injunctive relief where available;
- Seek recovery of monetary damages, attorneys' fees, costs, and other remedies permitted under applicable law; and
- Exercise any additional contractual, statutory, equitable, or common law rights available to El Jefe.
Our decision not to pursue enforcement in one instance does not waive our right to enforce our intellectual property rights in any other instance.
48. Reservation of Intellectual Property Rights
Except for the limited license expressly granted under these Terms, nothing in the Services or these Terms transfers or grants any ownership interest, license, or other right in or to any intellectual property owned or controlled by El Jefe.
All rights not expressly granted are reserved by El Jefe and its licensors.
The protections described in this Article apply to existing and future intellectual property owned, developed, acquired, or licensed by El Jefe, including intellectual property embodied in future Products, Services, technologies, software, mobile applications, digital experiences, marketing campaigns, packaging, branding, and other business assets, to the fullest extent permitted by applicable law.
If any provision of this Article is determined to be unenforceable with respect to a particular form of intellectual property, the remaining provisions shall continue to apply to the fullest extent permitted by law.
Nothing contained in these Terms limits any intellectual property rights, contractual rights, statutory protections, or other remedies available to El Jefe under applicable law.
49. Community Features and User Participation
From time to time, El Jefe may offer community features that allow customers to interact with us or with one another. These features may include product reviews, ratings, comments, discussion forums, surveys, contests, promotions, loyalty programs, ambassador programs, social media campaigns, or other interactive experiences (collectively, "Community Features").
Your participation in any Community Feature is voluntary and subject to these Terms, together with any additional rules or guidelines that we publish for the applicable program.
We may modify, suspend, discontinue, or remove any Community Feature at any time without prior notice.
Participation in one Community Feature does not entitle you to participate in any future program, promotion, or offering.
50. Reviews, Ratings, and Testimonials
We encourage customers to share honest opinions regarding their experiences with our Products and Services.
If you submit a review, rating, testimonial, or recommendation, you agree that it:
- Reflects your genuine experience;
- Is truthful and accurate to the best of your knowledge;
- Does not contain false, misleading, or deceptive statements;
- Complies with all applicable laws, including advertising and consumer protection laws;
- Does not infringe the rights of any third party; and
- Complies with these Terms.
You may not submit reviews or testimonials:
- In exchange for undisclosed compensation or benefits;
- Using multiple Accounts to influence ratings;
- On behalf of another person without authorization;
- Containing knowingly false information;
- Designed to manipulate customer purchasing decisions through deceptive practices; or
- Generated primarily through automated software or artificial intelligence in a manner that falsely represents a genuine customer experience.
El Jefe reserves the right, but not the obligation, to moderate, edit, remove, decline to publish, or otherwise manage reviews and ratings in accordance with applicable law.
Publication of a review does not constitute our endorsement of its contents.
51. Promotions, Sweepstakes, and Contests
From time to time, El Jefe may offer promotions, sweepstakes, contests, giveaways, instant-win games, referral programs, or similar promotional activities.
Each promotion may be governed by separate official rules, eligibility requirements, prize restrictions, deadlines, geographic limitations, or other terms that supplement these Terms.
To the extent of any conflict between these Terms and the official rules of a particular promotion, the official rules will govern solely with respect to that promotion.
El Jefe reserves the right to modify, suspend, cancel, postpone, or terminate any promotion where permitted by applicable law, including where fraud, technical failures, security concerns, or other circumstances impair the integrity or proper operation of the promotion.
We may verify eligibility before awarding any prize or benefit.
Any attempt to manipulate or interfere with a promotion may result in disqualification, cancellation of entries, suspension of Accounts, forfeiture of prizes, and any other remedies available under applicable law.
52. Loyalty Programs, Rewards, and Membership Benefits
El Jefe may offer loyalty programs, rewards programs, memberships, subscription benefits, referral incentives, or similar customer engagement initiatives.
Unless expressly stated otherwise in the applicable program terms:
- Participation is voluntary;
- Rewards have no cash value unless required by law;
- Benefits are personal to the participating customer and may not be sold, transferred, or assigned;
- Points, credits, or rewards may expire in accordance with the applicable program rules;
- Program benefits may be modified or discontinued at any time where permitted by applicable law; and
- Participation may be suspended or terminated if we reasonably believe the program has been abused or used fraudulently.
Participation in any loyalty or rewards program does not create any vested property right or guarantee continued availability of the program or its benefits.
53. Influencer, Ambassador, and Affiliate Programs
El Jefe may, from time to time, establish influencer, ambassador, creator, affiliate, sponsorship, or similar marketing programs. Participation in any such program is subject to these Terms and any separate written agreement or program guidelines provided by El Jefe.
Unless expressly authorized in writing, no person may represent themselves as an official El Jefe ambassador, influencer, affiliate, spokesperson, representative, partner, or brand advocate.
Participants in any El Jefe marketing program are responsible for complying with all applicable advertising, endorsement, and consumer protection laws, including any required disclosure obligations regarding sponsored content, paid partnerships, gifted products, or other material connections.
El Jefe reserves the right to suspend or terminate participation in any marketing program if we reasonably determine that a participant has violated these Terms, applicable law, program requirements, or engaged in conduct that could reasonably harm the reputation or goodwill of the El Jefe brand.
54. Social Media Interactions
El Jefe may maintain official accounts on social media platforms and other online communities. Your interactions with us through those platforms are subject both to these Terms and to the applicable platform's own terms of service and policies.
You acknowledge that:
- Social media platforms are operated independently from El Jefe;
- Comments, messages, tags, mentions, hashtags, and other interactions may be visible to the public;
- El Jefe is not responsible for content published by third parties on social media platforms; and
- We may remove, hide, report, or decline to engage with content that violates these Terms or applicable law, where permitted by the applicable platform.
You agree not to impersonate El Jefe, create fake brand accounts, falsely claim sponsorship or endorsement, or otherwise misrepresent your relationship with El Jefe through social media or other online platforms.
55. Customer Communications
By providing your contact information to El Jefe, you consent to receive communications relating to your Account, purchases, customer service requests, Product recalls, safety notices, promotions for which you have enrolled, and other information concerning the Services, subject to applicable law.
Communications may be delivered by email, text message (SMS), telephone, push notification, in-app message, postal mail, or other reasonable means of communication.
You are responsible for maintaining accurate and current contact information.
Certain communications, including transactional messages relating to purchases, security, legal notices, or changes affecting your Account, may be necessary for the operation of the Services and may continue even if you have opted out of receiving promotional marketing communications, to the extent permitted by applicable law.
Your wireless carrier or internet service provider may charge message, data, or other usage fees. El Jefe is not responsible for such charges.
56. Electronic Notices and Consent
To the fullest extent permitted by applicable law, you agree that El Jefe may provide notices, disclosures, agreements, receipts, invoices, policy updates, and other communications electronically.
Electronic communications satisfy any legal requirement that such communications be in writing.
You agree to retain copies of important electronic communications for your records where appropriate.
If you withdraw any legally required consent to receive electronic communications, certain features of the Services may no longer be available to you.
57. Community Standards
We are committed to maintaining respectful and welcoming community environments across our Services and official online channels.
Accordingly, you agree not to post, submit, transmit, or encourage content that:
- Is unlawful, fraudulent, defamatory, abusive, threatening, or harassing;
- Promotes violence, discrimination, hatred, or illegal activities;
- Contains obscene, sexually explicit, or otherwise inappropriate material;
- Violates another person's privacy, publicity, or intellectual property rights;
- Contains spam, phishing attempts, malware, or deceptive links;
- Encourages dangerous misuse of El Jefe Products;
- Knowingly spreads false or misleading information regarding El Jefe or its Products; or
- Otherwise interferes with the intended operation or positive experience of the community.
El Jefe reserves the right, but not the obligation, to monitor Community Features and to remove, restrict, edit, or disable content that we reasonably believe violates these Terms, applicable law, or the intended purpose of the Services.
Our decision to remove or retain particular content does not create any obligation to monitor future submissions or establish any precedent regarding future moderation decisions.
58. Mobile Services and Messaging
Certain features of the Services may be accessible through mobile devices, mobile applications, text messaging programs, or other wireless technologies ("Mobile Services"). Your use of Mobile Services is subject to these Terms and any additional terms applicable to the specific Mobile Service.
By enrolling in any SMS, text messaging, or mobile notification program offered by El Jefe, you represent that you are authorized to enroll the telephone number provided and consent to receive the communications for which you have enrolled, subject to applicable law.
Message frequency may vary depending on your interactions with the Services and the programs in which you participate.
Standard message and data rates imposed by your wireless carrier may apply. El Jefe does not charge for receiving text messages unless expressly stated, but your carrier may assess applicable fees.
You may opt out of promotional text messages at any time by following the instructions provided in the applicable message or program, although transactional or legally required communications may continue where permitted by applicable law.
Not all Mobile Services are available through every wireless carrier, device, operating system, or geographic location.
59. Beta Features and Experimental Services
From time to time, El Jefe may offer beta features, preview releases, pilot programs, early-access functionality, artificial intelligence tools, or other experimental services ("Beta Features").
Beta Features are provided for evaluation purposes and may contain bugs, errors, security vulnerabilities, interruptions, or incomplete functionality.
Unless otherwise stated in writing:
- Participation in Beta Features is voluntary;
- Beta Features may be modified, suspended, or discontinued at any time without notice;
- El Jefe makes no representation regarding the availability, reliability, or performance of Beta Features;
- Information generated through Beta Features may be incomplete or inaccurate; and
- Feedback regarding Beta Features is governed by Section 43 of these Terms.
You assume the risks associated with participating in Beta Features to the fullest extent permitted by applicable law.
60. Product Recalls and Safety Communications
If El Jefe determines that a Product recall, safety notice, quality advisory, or similar communication is appropriate, we may contact affected customers using the contact information associated with their Account or purchase, to the extent permitted by applicable law.
You agree to maintain accurate contact information to help ensure that important safety-related communications can be delivered promptly.
Nothing in these Terms limits our ability to issue Product recalls, quality advisories, safety communications, or similar notices where required or appropriate.
If you believe that you have received a Product subject to a recall or safety notice, you should discontinue use of the affected Product and follow the instructions provided in the applicable communication.
61. Monitoring and Compliance
To protect the Services, our customers, and our business operations, El Jefe may monitor the use of the Services to the extent permitted by applicable law.
Such monitoring may include reviewing system activity, investigating suspected violations of these Terms, detecting fraud, protecting against cybersecurity threats, maintaining system performance, enforcing our contractual rights, and complying with legal obligations.
Monitoring activities do not create any obligation for El Jefe to supervise individual users or to detect every violation of these Terms.
We reserve the right to investigate suspected misconduct and to take any action we reasonably consider appropriate, including restricting access to the Services, removing content, cancelling orders, suspending Accounts, or cooperating with governmental authorities where required or appropriate under applicable law.
62. Future Services and Modifications
As El Jefe continues to grow, we may introduce new Products, Services, technologies, digital experiences, loyalty programs, subscription offerings, mobile applications, artificial intelligence tools, wholesale portals, business services, international storefronts, or other offerings.
Unless we expressly state otherwise, these Terms will apply to such future offerings to the extent they are made available by El Jefe.
We reserve the right to improve, modify, replace, discontinue, or remove any Product, Service, feature, functionality, or technology at any time, subject to applicable law.
The introduction of new Services or the discontinuation of existing Services does not create any obligation for El Jefe to continue offering any particular feature, Product, or program for any minimum period of time.
Nothing in this Section limits any additional terms that may apply to specific Products, Services, promotions, or programs introduced in the future.
63. Promotional Codes and Discounts
From time to time, El Jefe may offer promotional codes, coupons, discounts, referral incentives, promotional pricing, or similar offers ("Promotional Offers"). Promotional Offers are provided at our discretion and are subject to these Terms together with any additional terms applicable to the specific offer.
Unless expressly stated otherwise:
- Promotional Offers have no cash value and may not be redeemed for cash;
- Promotional Offers are non-transferable and may not be sold, exchanged, auctioned, or assigned;
- Only one Promotional Offer may be applied per qualifying order unless we expressly permit otherwise;
- Promotional Offers may not be combined with other discounts except where expressly authorized;
- Expiration dates apply as stated in the applicable offer and will not be extended unless required by applicable law; and
- Promotional Offers may be modified, suspended, or discontinued at any time where permitted by applicable law.
We reserve the right to reject, deactivate, or cancel any Promotional Offer that has been obtained through fraud, abuse, technical manipulation, unauthorized distribution, or other misuse.
If an order is cancelled or refunded, any Promotional Offer applied to that order may become invalid or may not be reissued unless required by applicable law.
64. Gift Cards and Store Credit
If El Jefe offers gift cards, electronic gift certificates, promotional credits, or store credit, their use will be governed by these Terms together with any additional terms accompanying the applicable program.
Unless otherwise required by applicable law:
- Gift cards and store credits may be redeemed only through authorized El Jefe sales channels;
- Gift cards are not redeemable for cash except where required by law;
- Store credit is non-transferable and may not be sold or exchanged;
- Lost, stolen, altered, or unauthorized gift cards may not be replaced;
- We may refuse redemption where fraud or unauthorized activity is reasonably suspected; and
- Gift cards and promotional credits may expire only to the extent permitted by applicable law.
65. Subscription Services
If El Jefe offers subscription programs, recurring deliveries, memberships, or automatically renewing purchase arrangements, additional subscription terms may apply.
Unless expressly provided otherwise:
- You authorize recurring charges for each subscription period until cancellation;
- You are responsible for maintaining accurate billing and shipping information;
- Subscription pricing, Products, shipping schedules, and available benefits may change from time to time;
- You may cancel your subscription in accordance with the applicable subscription terms; and
- Cancellation will generally apply prospectively and will not affect shipments or charges already processed.
El Jefe reserves the right to suspend or discontinue subscription offerings at any time, subject to applicable law and any commitments expressly made to subscribers.
66. Wholesale and Business Purchases
El Jefe may offer Products for wholesale, commercial, institutional, or business customers through separate ordering programs or agreements.
Unless expressly agreed in writing, purchases made through the consumer-facing Services are intended for personal or household use only.
Commercial purchasers may be required to execute separate agreements governing pricing, payment terms, distribution rights, marketing requirements, warranties, returns, confidentiality, and other commercial matters.
Nothing in these Terms obligates El Jefe to establish or maintain wholesale relationships with any person or business.
67. Authorized and Unauthorized Resale
Except where prohibited by applicable law, El Jefe reserves the right to determine the channels through which its Products are distributed.
Nothing in these Terms grants any customer the status of authorized distributor, reseller, dealer, franchisee, or commercial representative.
You may not represent yourself as an authorized El Jefe reseller unless you have entered into a separate written agreement expressly granting that status.
Unauthorized resale does not grant permission to use El Jefe's intellectual property beyond the limited rights otherwise permitted by law, including the reproduction of marketing materials, product photography, packaging artwork, advertising assets, or proprietary product descriptions.
El Jefe reserves the right to refuse sales, limit quantities, or decline orders where we reasonably believe Products are being purchased for unauthorized resale, diversion, or other commercial purposes inconsistent with these Terms or applicable law.
68. International Orders and Availability
El Jefe may make certain Products or Services available outside the United States; however, not all Products, pricing, promotions, or Services are available in every country or jurisdiction.
You are responsible for determining whether it is lawful to purchase, import, possess, or use our Products in your jurisdiction.
El Jefe does not represent or warrant that the Services or any Products are appropriate, lawful, or available for use in every location.
If you access the Services from outside the United States, you do so on your own initiative and are responsible for complying with all applicable local laws, regulations, taxes, customs requirements, and import restrictions.
We reserve the right to refuse, cancel, or restrict international orders where required by law or where we reasonably determine that shipment is impracticable, prohibited, or presents an unacceptable business, legal, or operational risk.
69. Customs, Duties, Taxes, and Import Requirements
For international purchases, you are solely responsible for any customs duties, import taxes, value-added taxes (VAT), goods and services taxes (GST), brokerage fees, customs clearance charges, governmental assessments, or similar fees imposed by any governmental authority unless expressly stated otherwise during checkout.
International shipments may be delayed due to customs inspections, regulatory reviews, carrier delays, weather conditions, or other events beyond El Jefe's reasonable control.
El Jefe is not responsible for Products delayed, rejected, seized, destroyed, or returned by customs authorities or other governmental agencies.
If an international shipment is refused by the recipient or cannot be delivered due to import restrictions or customs requirements, any refund may be reduced by shipping charges, return shipping costs, customs fees, or other expenses incurred by El Jefe, to the extent permitted by applicable law.
70. Export Compliance and Sanctions
You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory that is subject to comprehensive trade embargoes or sanctions that prohibit the sale of our Products or Services.
You further represent that you are not identified on any applicable government list of restricted, prohibited, or denied persons with whom El Jefe is prohibited from conducting business.
You agree not to purchase, export, re-export, transfer, or otherwise provide any Product or Service in violation of applicable export control laws, trade sanctions, or import regulations.
El Jefe reserves the right to refuse or cancel any transaction that we reasonably believe may violate applicable export control, sanctions, customs, or international trade laws.
71. Pricing Errors and Order Corrections
Despite our best efforts, the Services may occasionally contain typographical errors, inaccurate descriptions, incorrect pricing, promotional inaccuracies, inventory errors, or other inadvertent mistakes.
We reserve the right to correct any such errors at any time, including after an order has been submitted or acknowledged, to the extent permitted by applicable law.
If a Product is listed at an incorrect price or with materially inaccurate information due to an error, El Jefe may, at its option:
- Correct the error before processing the order;
- Contact you with the corrected information and provide an opportunity to proceed or cancel the order; or
- Cancel the order and issue an appropriate refund if payment has already been collected.
We are under no obligation to honor pricing, promotional, or inventory errors that are obvious, inadvertent, or the result of technical malfunction, except where required by applicable law.
72. Product Availability and Quantity Limits
All Products are offered subject to availability. The display of a Product on the Services does not guarantee that the Product is currently in stock or will remain available.
El Jefe reserves the right, at any time and without prior notice, to:
- Limit the quantities of any Product that may be purchased;
- Restrict sales to particular persons, businesses, geographic regions, or jurisdictions where permitted by law;
- Discontinue Products or product lines;
- Substitute packaging, labeling, or promotional materials that do not materially affect the Product itself; and
- Allocate available inventory among customers, sales channels, or distribution partners in our reasonable business judgment.
Quantity limitations may be implemented to promote fair access, reduce inventory shortages, prevent unauthorized resale, protect promotional programs, or address supply chain constraints.
73. Business Continuity and Force Majeure
El Jefe shall not be responsible for any delay, interruption, failure to perform, or inability to fulfill its obligations under these Terms when such delay or failure results from events beyond our reasonable control.
Such events may include, without limitation, natural disasters, severe weather, fire, flood, earthquake, epidemic, pandemic, public health emergency, war, terrorism, civil unrest, labor disputes, transportation disruptions, supply chain interruptions, utility failures, telecommunications outages, cyberattacks, governmental actions, changes in law, embargoes, shortages of materials, or failures of third-party service providers.
During the existence of a force majeure event, El Jefe may suspend or delay performance of affected obligations for the duration of the event and for a reasonable period thereafter required to resume normal operations.
Nothing in this Section limits any rights or remedies available to either party under applicable law.
74. Product Information and Consumer Responsibility
El Jefe strives to provide accurate and current information regarding its Products, including descriptions, ingredients, nutritional information, serving sizes, allergen information, images, and other product-related content. However, Product information may change over time due to manufacturing updates, supplier changes, regulatory requirements, product improvements, or other business considerations.
Actual Product packaging, labeling, ingredients, colors, sizes, and appearance may differ from the information displayed on the Services.
You are responsible for reviewing the Product label and packaging you receive before consuming or using any Product. In the event of any inconsistency between information presented on the Services and the Product label, the information appearing on the Product label generally governs unless prohibited by applicable law.
If you have allergies, dietary restrictions, medical conditions, or other health concerns, you should carefully review all Product information and consult an appropriate healthcare professional before using any Product.
75. Responsible Product Use
You agree to use all Products safely, responsibly, and only for their intended purposes.
Without limiting the foregoing, you should:
- Follow all directions, warnings, and instructions appearing on Product packaging;
- Consume Products in moderation and responsibly;
- Store Products in accordance with any applicable storage instructions;
- Keep Products out of the reach of young children where appropriate; and
- Discontinue use of any Product if you believe it may be defective, contaminated, or otherwise unsafe and promptly contact El Jefe.
You assume responsibility for determining whether a Product is appropriate for your individual circumstances.
76. Health and Wellness Information
The Services may include educational materials, articles, blog posts, videos, recipes, nutritional information, lifestyle content, or other informational resources relating to our Products or general wellness topics.
Unless expressly stated otherwise, such information is provided solely for general informational purposes and should not be interpreted as medical advice, nutritional counseling, diagnosis, treatment recommendations, or professional healthcare advice.
You should not disregard or delay obtaining professional medical advice based upon information available through the Services.
Always consult your physician or another qualified healthcare professional regarding questions about your health, diet, medications, medical conditions, pregnancy, nursing, exercise program, or the suitability of any Product.
77. Statements Regarding Products
Unless expressly stated otherwise, statements made regarding El Jefe Products have not been evaluated by the United States Food and Drug Administration.
Our Products are not intended to diagnose, treat, cure, or prevent any disease unless specifically approved by the appropriate governmental authority.
Any testimonials, customer experiences, reviews, or success stories appearing on the Services reflect individual experiences and should not be interpreted as guarantees that every customer will achieve similar results.
Individual experiences with nutritional products, beverages, supplements, or wellness-related products may vary based on numerous factors, including individual physiology, health status, diet, exercise, genetics, medications, and lifestyle.
78. Caffeine and Other Ingredients
Certain Products may contain caffeine or other ingredients that may not be suitable for every individual.
You are responsible for reviewing Product labels and determining whether a Product is appropriate for you before consumption.
Products containing caffeine or similar stimulants should be consumed responsibly and in accordance with the directions appearing on the applicable Product packaging.
Individuals who are sensitive to caffeine or other ingredients, are pregnant or nursing, have certain medical conditions, are taking medications, or have been advised by a healthcare professional to limit stimulant consumption should consult an appropriate healthcare professional before consuming such Products.
El Jefe makes no representation that any Product is appropriate for every consumer.
79. Product Misuse
You agree not to misuse, alter, tamper with, repackage, relabel, adulterate, counterfeit, or otherwise modify any Product.
You further agree not to use Products in any unlawful, unsafe, or unintended manner or in violation of applicable laws, regulations, or manufacturer instructions.
El Jefe shall not be responsible for injuries, damages, losses, or other consequences arising from misuse, improper storage, unauthorized modification, failure to follow Product instructions, or use of Products after expiration or in a manner inconsistent with their intended purpose.
80. Product Warranties and Disclaimer of Warranties
Except as expressly stated by El Jefe in writing or where otherwise required by applicable law, the Services, the Website, the Products, and all Content are provided on an "AS IS" and "AS AVAILABLE" basis.
To the fullest extent permitted by applicable law, El Jefe disclaims all warranties and representations of any kind, whether express, implied, statutory, or otherwise, including, without limitation:
- Implied warranties of merchantability;
- Fitness for a particular purpose;
- Title;
- Non-infringement;
- Quiet enjoyment; and
- Any warranties arising from course of dealing, course of performance, or usage of trade.
El Jefe does not warrant that:
- The Services will operate without interruption or error;
- The Services will always be secure or free from viruses or other harmful components;
- Any defects will be corrected within a particular timeframe;
- The Services will be compatible with every browser, operating system, device, or technology;
- The Products will always be available in every location; or
- The Content will always be complete, accurate, or current.
Some jurisdictions do not permit the exclusion of certain warranties. In those jurisdictions, the foregoing exclusions apply only to the maximum extent permitted by applicable law.
81. Disclaimer of Professional Advice
The Services may contain educational, nutritional, wellness, lifestyle, fitness, or general informational content. Such content is provided solely for informational purposes and should not be relied upon as professional medical, nutritional, legal, accounting, financial, or other professional advice.
No information provided through the Services establishes any physician-patient, dietitian-client, attorney-client, fiduciary, or other professional relationship.
You should seek advice from qualified professionals regarding your particular circumstances before making decisions relating to your health, nutrition, finances, legal matters, or other professional issues.
82. Limitation of Liability
To the fullest extent permitted by applicable law, El Jefe Global, LLC, together with its affiliates, officers, directors, employees, members, managers, agents, contractors, licensors, suppliers, distributors, and service providers, shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages arising out of or relating to the Services, the Products, or these Terms.
This limitation applies regardless of the legal theory asserted, including contract, tort (including negligence), strict liability, statute, or otherwise, and regardless of whether El Jefe has been advised of the possibility of such damages.
Without limitation, El Jefe shall not be liable for damages arising from:
- Loss of profits, revenue, business opportunities, or anticipated savings;
- Loss of goodwill or reputation;
- Loss, corruption, or unavailability of data;
- Business interruption;
- Unauthorized access to Accounts;
- Cybersecurity incidents or malicious third-party conduct;
- Delays in shipment or delivery;
- Temporary unavailability of the Services;
- Errors, omissions, or inaccuracies within the Services; or
- The acts or omissions of third parties.
To the fullest extent permitted by applicable law, if El Jefe is found liable for any claim arising from or relating to these Terms, the Services, or the Products, our total cumulative liability shall not exceed the greater of (a) the amount you paid directly to El Jefe for the Product or Service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to liability, or (b) one hundred U.S. dollars (US $100.00).
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.
83. Assumption of Risk
You acknowledge that participation in physical activities, athletic pursuits, fitness programs, outdoor recreation, and the consumption of caffeinated beverages or nutritional products involve inherent risks that vary from person to person.
By purchasing or using our Products, you voluntarily assume all ordinary and inherent risks associated with their lawful and intended use, except to the extent resulting from El Jefe's gross negligence, willful misconduct, or other liability that cannot be limited under applicable law.
You are solely responsible for determining whether a Product is appropriate for your age, health condition, dietary restrictions, medications, allergies, or other personal circumstances.
84. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless El Jefe Global, LLC, together with its affiliates, officers, directors, employees, managers, members, agents, licensors, suppliers, contractors, successors, and assigns, from and against any claims, demands, actions, proceedings, damages, judgments, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms;
- Your misuse of the Services or Products;
- Your User Content;
- Your violation of any applicable law or regulation;
- Your infringement or misappropriation of the rights of another person or entity; or
- Your negligent, fraudulent, or intentionally wrongful conduct.
El Jefe reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do so, you agree to cooperate with our reasonable requests in defending the matter.
85. Governing Law
These Terms, the Services, all purchases of Products, and any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and El Jefe shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws principles.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms or any transaction between you and El Jefe.
Nothing in these Terms deprives consumers of any mandatory rights or protections that cannot be waived under the laws of their jurisdiction.
86. Informal Resolution of Disputes
Before initiating arbitration or litigation, you and El Jefe agree to make a good-faith effort to resolve any dispute informally.
A party seeking to initiate a dispute should first provide written notice describing the nature of the dispute, the relevant facts, the requested relief, and sufficient contact information to permit meaningful discussion.
Unless a shorter period is required by applicable law, the parties agree to attempt to resolve the dispute informally for at least thirty (30) days before commencing arbitration or litigation.
Nothing in this Section prevents either party from seeking temporary or preliminary injunctive relief where necessary to protect intellectual property rights, confidential information, or other rights that could suffer immediate and irreparable harm.
87. Binding Arbitration
Except where prohibited by applicable law or expressly provided otherwise in these Terms, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the Products, or your relationship with El Jefe shall be resolved by final and binding arbitration rather than in court.
The arbitration shall be administered by a nationally recognized arbitration provider under its applicable consumer arbitration rules in effect at the time the claim is filed, except as modified by these Terms.
The arbitrator shall have exclusive authority to resolve disputes concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration provision is void or unenforceable.
The arbitration shall be conducted by a single neutral arbitrator.
Unless otherwise required by applicable law or agreed by the parties, the arbitration shall take place in Clark County, Nevada, or may be conducted remotely where permitted by the applicable arbitration rules.
The arbitrator may award any remedy that would otherwise be available in a court of competent jurisdiction, subject to the limitations contained in these Terms and applicable law.
88. Class Action Waiver
To the fullest extent permitted by applicable law, you and El Jefe agree that all disputes shall be brought solely on an individual basis.
You and El Jefe each waive any right to participate as a plaintiff, claimant, class representative, class member, private attorney general, or participant in any purported class action, collective action, consolidated action, representative action, or similar proceeding.
Unless both you and El Jefe expressly agree otherwise in writing, the arbitrator may not consolidate the claims of multiple individuals or preside over any representative, collective, consolidated, or class proceeding.
If this class action waiver is determined to be unenforceable with respect to a particular claim, then that claim shall proceed in court only to the extent required by applicable law, while the remaining provisions of this dispute resolution section shall remain in effect.
89. Jury Trial Waiver
To the fullest extent permitted by applicable law, and where a dispute is permitted to proceed in court rather than arbitration, you and El Jefe knowingly, voluntarily, and irrevocably waive any right to a trial by jury in any legal proceeding arising out of or relating to these Terms, the Services, or the Products.
90. Venue and Jurisdiction
For any dispute that is not subject to arbitration or for which a court proceeding is permitted under these Terms or applicable law, you agree that the state and federal courts located in Clark County, Nevada, shall have exclusive jurisdiction, and you consent to the personal jurisdiction of those courts.
You waive any objection based on improper venue or forum non conveniens to the fullest extent permitted by applicable law.
91. Time Limit to Bring Claims
To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms, the Services, or the Products must be commenced within one (1) year after the claim arose or such claim or cause of action shall be permanently barred.
This limitation period does not apply where a longer period is required by applicable law or cannot lawfully be shortened.
92. Electronic Communications
By accessing the Services, creating an Account, placing an order, subscribing to communications, or otherwise interacting with El Jefe electronically, you consent to receive communications from us electronically.
Such communications may include emails, text messages (where you have opted in), in-app notifications, account notifications, legal notices, disclosures, invoices, receipts, shipping updates, security alerts, customer support communications, and other information relating to your relationship with El Jefe.
You agree that electronic communications satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law.
93. Changes to the Services
El Jefe continually develops and improves its Products and Services. Accordingly, we reserve the right, at any time and without prior notice, to modify, update, suspend, discontinue, replace, or remove any portion of the Services, Products, features, functionality, Content, pricing, promotions, or technology.
We shall not be liable for any modification, suspension, or discontinuation of the Services to the fullest extent permitted by applicable law.
Nothing in this Section obligates El Jefe to maintain any particular Product, feature, functionality, technology, promotion, or Service for any specific period.
94. Assignment
You may not assign, transfer, delegate, sublicense, or otherwise convey any rights or obligations under these Terms without the prior written consent of El Jefe.
Any attempted assignment in violation of this Section shall be null and void to the fullest extent permitted by applicable law.
El Jefe may assign, transfer, delegate, subcontract, or otherwise transfer these Terms or any rights or obligations under these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or other business transaction.
These Terms shall bind and benefit the parties and their respective permitted successors and assigns.
95. No Waiver
No waiver by El Jefe of any provision of these Terms shall be deemed a continuing waiver or a waiver of any other provision.
Any failure or delay by El Jefe to exercise any right, remedy, or provision under these Terms shall not operate as a waiver of that right, remedy, or provision.
A waiver shall be effective only if made expressly in writing and signed by an authorized representative of El Jefe.
96. Severability
If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or otherwise ineffective, that provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall continue in full force and effect.
If the invalid provision cannot lawfully be enforced, it shall be deemed modified only to the minimum extent necessary to make it enforceable while preserving, as nearly as possible, its original intent.
97. Entire Agreement
These Terms, together with our Privacy Policy, any additional terms expressly incorporated by reference, and any policies or notices applicable to specific Products or Services, constitute the entire agreement between you and El Jefe regarding your use of the Services and supersede all prior or contemporaneous communications, understandings, negotiations, representations, or agreements relating to the same subject matter.
In the event of a conflict between these Terms and any additional written agreement executed by El Jefe and you, the written agreement shall control solely with respect to the subject matter expressly addressed therein.
98. Interpretation
Headings are included solely for convenience and shall not affect the interpretation of these Terms.
Words such as "including," "includes," and "include" shall be interpreted to mean "including without limitation."
References to the singular include the plural and vice versa where the context requires. References to one gender include all genders.
These Terms shall not be construed against either party based upon authorship.
99. Survival
Any provisions of these Terms that by their nature should survive termination or expiration shall survive, including without limitation provisions relating to intellectual property, payment obligations, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, arbitration, class action waiver, confidentiality, enforcement, and any other provisions intended to survive.
100. Contact Information
If you have questions regarding these Terms or wish to contact El Jefe regarding legal matters, you may contact us through the contact information provided on our Website or by any other officially designated communication channel identified by El Jefe.
Formal legal notices should be sent to the address or designated legal contact published by El Jefe for that purpose. We may update our contact information from time to time without requiring an amendment to these Terms.
101. Definitions
For purposes of these Terms, the following definitions apply:
- "Account" means any account created to access or use the Services.
- "Content" means all text, graphics, logos, trademarks, trade dress, images, videos, audio, software, code, designs, layouts, documentation, product information, marketing materials, and other content made available through the Services.
- "El Jefe," "Company," "we," "our," and "us" mean El Jefe Global, LLC, together with its affiliates, subsidiaries, successors, assigns, licensors, and authorized representatives, where applicable.
- "Products" means beverages, merchandise, accessories, promotional items, digital goods, subscriptions, memberships, and any other products or services offered by El Jefe.
- "Services" means our websites, online stores, mobile applications, software, digital platforms, customer support services, and any related features or functionality we make available.
- "User," "you," and "your" mean any individual or entity accessing or using the Services.
- "User Content" means any reviews, comments, photographs, videos, messages, feedback, social media submissions, or other content submitted by a user.
102. Changes to These Terms
El Jefe reserves the right to revise, update, or modify these Terms at any time in its sole discretion, subject to applicable law.
When material changes are made, we may provide notice through the Services, by email, or by other reasonable means where required by applicable law.
The "Last Updated" date appearing with these Terms reflects the most recent revision.
Your continued use of the Services following the effective date of updated Terms constitutes your acceptance of the revised Terms to the fullest extent permitted by applicable law.
If you do not agree to any revised Terms, you must discontinue use of the Services.
103. California Consumer Notice
If you are a California resident, you may have certain rights under California law that cannot be waived by these Terms.
Nothing contained in these Terms is intended to limit any non-waivable consumer rights or remedies provided under applicable California law or other applicable consumer protection statutes.
104. No Third-Party Beneficiaries
Except as expressly provided in these Terms, nothing contained herein is intended to create, nor shall it be construed to create, any third-party beneficiary rights in favor of any person or entity.
105. Effective Date
These Terms are effective as of the date identified by the "Last Updated" notice appearing on the Services and remain in effect until modified or replaced by El Jefe.
Last Updated: July 17, 2026
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