Terms of Use

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SUPERVALU SERVICES INDIA PRIVATE LIMITED

WEB SITE TERMS OF USE

SUPERVALU SERVICES INDIA PRIVATE LIMITED ("SSI") operates the www.supervaluservicesindia.com web site (the "Site") to provide online access to information about SSI (the "Service").

By accessing and using the Site, you agree to each of the terms and conditions set forth 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 may also be posted in particular areas of the Site and, together with these general terms and conditions, govern your use of those areas. These general terms and conditions, together with such additional terms and conditions where applicable, are referred to as this "Agreement."

By using the Site, you express your understanding and agreement that you are bound by these general terms and conditions. By using areas of the site on which other terms and conditions are posted, you express your understanding and agreement that you are bound by those terms and conditions as well. If you are unwilling to be bound by these general terms and conditions, do not use the Site. If you are unwilling to be bound by terms and conditions applicable to particular areas of the Site, do not use those areas.

SSI 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. The last date these Terms of Use were revised is set forth below.

1. INTELLECTUAL PROPERTY

The Service, the Site, and all information and/or contents that you see, hear or otherwise experience on the Site (the "Contents") are protected by U.S., Indian, and international copyright, trademark, and other laws, and belong to SSI or its parent companies, subsidiaries, affiliates, partners, contributors, or third parties.

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

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 may not use 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. DISCLAIMERS

(a) Third Party Links. Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by SSI of the third party, the third-party web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that SSI is not responsible for the availability of any such web sites and that SSI does not endorse or warrant, and is not responsible or liable for, any such web site or the contents thereon. You need to make your own decisions about your interactions or communications with any other web site.

(b) Third Party Contents. The Site may contain information or contents provided by third parties not related to SSI. The presence of such third party information and contents does not constitute or imply an endorsement, sponsorship, or recommendation by SSI of the third party or such information or contents. You acknowledge and agree that SSI is not responsible for the availability of any such information or contents and that SSI does not endorse or warrant, and is not responsible or liable for, any such information or contents.

(c) Downloading Files. SSI 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. All risk as to the quality and performance of the Site and the Service and the accuracy of the Contents shall be borne solely by you.

(d) International Use. SSI makes no representation that the Contents are applicable or appropriate for use in locations outside the United States or India. 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

SSI MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE, OR THE CONTENTS. SSI 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 NONINFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE AND THE CONTENTS. SSI 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. SSI DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENTS, OR THAT ANY ERRORS IN THE CONTENTS WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

4. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SSI BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENTS, (II) 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 CONTENTS, (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 CONTENTS, EVEN IF SSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENTS, OR 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SSI'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SSI'S LIABILITY SHALL, IN NO EVENT, EXCEED USD $100.

5. INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless SSI, its parent companies, subsidiaries, affiliated companies, joint venturers, 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 Contents, or any violation by you of this Agreement.

6. PRIVACY STATEMENT

Click here to see SSI's 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 Contents. You agree not to add to, subtract from, or otherwise modify the Contents. 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 materials to the Site, you guarantee to us that you have the legal right to post such materials and that such materials will not violate any law or the rights of any person or entity. By posting materials on the Site, you give SSI the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from such materials, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

9. 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 SSI 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 Contents may contain typographical errors or other errors or inaccuracies and may not be complete or current. SSI therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Contents at any time without prior notice. SSI does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

(c) Enforcement/Choice of Law. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms of Use, all of which will remain in full force and effect. This Agreement shall be governed by, and will be interpreted according to, the laws of the State of Minnesota, U.S.A., without regard to any conflict-of-laws provisions.

(d) Dispute Resolution/Choice of Forum. Any and all disputes relating to these Terms of Use, SSI's Privacy Statement, or your use of the Site, the Service, or the Contents (collectively, "Disputes"), except Disputes as to rights to injunctive relief or rights relating to intellectual property or confidentiality obligations, shall be resolved through binding arbitration by a sole arbitrator, who shall have the standing of not less than that of a retired High Court Judge. The arbitration shall be conducted pursuant to the provisions of the Indian Arbitration and Conciliation Act, 1996, as it may be amended from time to time. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall issue a reasoned award in writing. 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 and the administrator of the arbitration shall hold in confidence the existence, contents, and outcome of the arbitration. The location of the arbitration shall be Bangalore, Karnataka, India. The arbitration shall be conducted in the English language. Any Disputes as to rights to injunctive relief or rights relating to intellectual property or confidentiality obligations will be venued in a state or federal court situated in Minneapolis, Minnesota, U.S.A., and you hereby irrevocably submit to the personal jurisdiction of such courts for such purpose.

10. QUESTIONS OR ADDITIONAL INFORMATION.

If you have questions regarding this Agreement or wish to obtain additional information, please send us a letter by e-mail to SSI.Questions@supervalu.com.

Date of Last Modification: February 27, 2007