SUPERVALU INC.® (“SUPERVALU”) operates the www.supervalu.com web site (the "Site") to provide online access to information about SUPERVALU (the "Service").
1. INTELLECTUAL PROPERTY
The Service, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to SUPERVALU or its partners, affiliates, contributors or third parties.
(a) Third Party Links. Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by SUPERVALU of the third party, the third-party site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that SUPERVALU is not responsible for the availability of any such web sites and that SUPERVALU does not endorse or warrant, and is not responsible or liable for, any such web site or the content thereon.
(b) Third Party Content. This site contains information and content provided by third parties not related to SUPERVALU. Such third party information and content does not constitute or imply an endorsement, sponsorship, or recommendation by SUPERVALU of the third party or such information or content. You acknowledge and agree that SUPERVALU is not responsible for the availability of any such information or content and that SUPERVALU does not endorse or warrant, and is not responsible or liable for, any such information or the content.
(c) Real Estate. SUPERVALU may provide information via the Site about properties and real estate owned by SUPERVALU that may be available for purchase. All such Content is provided for informational purposes only. Such Content does not constitute and may not be construed as an offer to sell. SUPERVALU does not guarantee the accuracy of such Content or the availability of such properties and real estate.
(d) Downloading Files. SUPERVALU cannot and does not guarantee or warrant that files available for downloading through the Site will be free from infection by software viruses or other harmful computer code, files or programs. You assume the entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content.
(e) International Use. SUPERVALU makes no representation that the Content is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
3. DISCLAIMER OF WARRANTIES
YOU AGREE TO ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICE AND THE CONTENT. SUPERVALU MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. SUPERVALU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGMENT WITH REGARD TO THE SITE, THE SERVICE AND THE CONTENT. SUPERVALU SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT. SUPERVALU DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. SUPERVALU DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
4. LIMITATION OF LIABILITY
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SUPERVALU'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SUPERVALU’S LIABILITY SHALL, IN NO EVENT, EXCEED $100.00.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless SUPERVALU, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
6. PRIVACY STATEMENT
7. USER CONDUCT
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.
8. USER SUPPLIED INFORMATION
If you supply or post any information or material to or via the Site, you guarantee to us that you have the legal right to provide such material or information and that it will not violate any law or the rights of any person or entity. By providing material or information on the Site, you give SUPERVALU the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material or information, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
9. GENERAL PROVISIONS
(b) Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. SUPERVALU therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. SUPERVALU does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
(d) Dispute Resolution. If a dispute arises out of or relates to this Agreement or its breach (with the exception of rights to injunctive relief or rights relating to intellectual property or confidentiality obligations), and the parties have not been successful in resolving the dispute through direct negotiation, then the dispute shall be resolved in binding arbitration by a single arbitrator, administered by the American Arbitration Association under its Commercial Arbitration Rules, as modified herein. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall have the right to take discovery of the other party by any method allowed by the Federal Rules of Civil Procedure. The arbitrator may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The arbitrator shall issue a reasoned award. The arbitrator shall not be authorized to award punitive or exemplary damages. The cost of the arbitration shall be borne equally by the parties. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration shall hold in confidence the existence, content and outcome of the arbitration. The location of arbitration shall be Minneapolis, Minnesota, USA. The language of the arbitration shall be the English language.
10. QUESTIONS OR ADDITIONAL INFORMATION.
If you have questions regarding this Agreement or wish to obtain additional information, please send a letter via the U.S. Mail to:
PO Box 990
Minneapolis, MN 55440
Date of Last Modification: October 29, 2004