SUPERVALU TERMS OF USE

SUPERVALU TERMS OF USE

SUPERVALU operates the Cub.com web site (the "Site") to provide online access to information and services available from SUPERVALU, as well as information of general interest to the community (the "Service").

By accessing and using the Site, you agree to each of the terms and conditions set fourth herein ("Terms of Use"). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions are also posted in particular areas of the Site and, together with these general terms and conditions, govern your use of the those areas. If you are unwilling to be bound by terms and conditions applicable to particular areas of the Site, do not use those areas. These general terms and conditions, together with such additional terms and conditions where applicable, are referred to as this "Agreement."

SUPERVALU reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use the Site. The last date these Terms of Use were revised is set forth below.

Click here to make a claim for copyright infringement.

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.

You may use the Site, the Service and the Content solely for your personal, non-commercial use. You may download, print and store portions of the Content that you select, provided that you: (1) only use these copies of the Content for your own personal, non-commercial use; (2) do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. SUPERVALU reserves complete title and full intellectual property rights in any Content you downloaded from the Site, subject to this limited license for you to make personal use of the Content as set forth herein.

You agree not to modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site or the Service, except as expressly permitted by the Terms of Use. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page. You may not connect "deep links" to the Site, i.e. create links to this site that bypass the home page or other parts of the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

2. TRANSACTIONS

Transactions for the purchase or sale of goods or services facilitated by use of the Site will be governed by the Terms of Use unless specifically stated otherwise in a particular area of the Site. No additional or different terms contained in any purchase order, document, transmission or other communication shall be binding upon SUPERVALU unless agreed to by SUPERVALU in writing. SUPERVALU reserves the right, without prior notification and in its sole discretion, to limit the order quantity on any item and to refuse service to anyone.

3. DISCLAIMERS

(a) No Medical Advice. The Content is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or change in health. Never disregard or delay in seeking professional medical advice because of something you have read on the Site. The Site does not recommend or endorse any specific tests, products, procedures, methods, opinions or other information that may be mentioned on the Site. Reliance on any information provided by or otherwise appearing on the Site is solely at your own risk.

(b) 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. You need to make your own decisions regarding your interactions or communications with any other web site.

(c) Third Party Content. This site contains information and content provided by third parties not related to SUPERVALU Inc. or SUPERVALU. Such third party information and content, together with any 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 information or content and that SUPERVALU does not endorse or warrant, and is not responsible or liable for, any such information or the content. You need to make your own decisions regarding your interactions or communications with any third party information or content.

(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. The entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content is solely and exclusively with the user.

(e) Nutrition information may be provided for each recipe by SUPERVALU. Nutrition information is based on the ingredients and cooking techniques as listed in the recipe, and does not include optional ingredients and cooking techniques as listed in the recipe, and does not include optional ingredients or garnishes. Nutritional values represented are composite averages and may vary according to freshness, variety or differences in preparation. Altering cooking methods or substituting any ingredients may change the posted nutrition information significantly. SUPERVALU does not warrant the recipes contained in this site nor the results of preparing the recipes.

The nutrition information provided for each recipe is provided by Foodfit.com. Nutrition information is based on the ingredients and cooking techniques as listed in the recipe, and does not include optional ingredients and cooking techniques as listed in the recipe, and does not include optional ingredients or garnishes. Nutritional values represented are composite averages and may vary according to freshness, variety or differences in preparation. Altering cooking methods or substituting any ingredients may change the posted nutrition information significantly.

(f) Promotional Offers. From time to time the Site may provide information about promotional offers SUPERVALU sponsors in connection with other local retailers. It is not always possible to include all the details concerning such programs on the Site. Detailed information regarding such programs will be available at your participating SUPERVALU locations and we encourage you to review this information before participating in any promotional programs. Promotional offers are subject to local law and are void where prohibited.

(g) 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.

4. DISCLAIMER OF WARRANTIES

YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICE AND THE CONTENT. SUPERVALU MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS 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, OR FROM ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS ALL CONTENT PROVIDED BY THE SITE OR THE SERVICE.
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.

5. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SUPERVALU BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE, (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF SUPERVALU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
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 SHALL, IN NO EVENT, EXCEED $1,000.00.

6. INDEMNIFICATION

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' fee, 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.

7. PRIVACY POLICY

Click here to see SUPERVALU' Privacy Policy.

8. 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.

9. USER SUPPLIED INFORMATION

If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give SUPERVALU the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

10. GENERAL PROVISIONS

(a) Entire Agreement/No Waiver. These terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by SUPERVALU of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

(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.

(c) Enforcement/Choice of Law/Choice of Forum. If any part of the Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, SUPERVALU' Privacy Policy, your use of the Site, any other SUPERVALU web site, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. Except as provided below, any Dispute will be venued in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

(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 with respect to Intellectual Property Rights and obligations with respect to confidentiality), and the parties have not been successful in resolving the dispute through direct negotiation, then the dispute shall be resolved in binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitrator(s) shall each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof. Any judgment on the award rendered by the arbitrator(s) 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(s) 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(s) shall issue a reasoned award. The cost of the arbitration shall be borne equally by the parties pending the award. Upon the decision of the arbitrator(s), the prevailing party shall be entitled to receive from the other party its reasonable attorneys' fees and costs. 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.

(e) Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.

11. 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:

SUPERVALU
Attention Store Brands
19011 Lake Drive East
Chanhassen, MN 55317