Wild Harvest™ Organic

terms of use

Introducing Wild Harvest. More than 200 delicious natural and organic products that are better for you and your family. In nearly every aisle at an affordable price that will make you smile.

SUPERVALU INC. (referred to in these Terms of Use as "Wild Harvest") operates the www.WildHarvestOrganic.com web site (the "Site") to provide online access to information about Wild Harvest (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, and the Wild Harvest Privacy Statement are collectively 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.

Wild Harvest 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 content that you see, hear or otherwise experience on the Site (the "Contents") are protected by U.S. and international copyright, trademark and other laws, and belong to Wild Harvest or its parent companies, subsidiaries, affiliates, partners, contributors or third parties.

Wild Harvest 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. Wild Harvest 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, or in other words 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. 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 Wild Harvest unless agreed to by Wild Harvest in writing. Wild Harvest 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

3.1 Health Information.

The Contents are for informational purposes only. None of the Contents is 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.

3.2 Nutritional Information.

Nutritional information may be provided for each recipe by Wild Harvest. Nutritional information is based on the 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. Wild Harvest does not warrant the recipes contained in the Site or the results of preparing the recipes.

3.3 Food Safety Information.

The Site may provide information about safe food handling and preparation methods. This information is not intended to be comprehensive and should not be substituted for information available from your local Department of Health or other government sources.

3.4 Third Party Links.

Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Wild Harvest 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 Wild Harvest is not responsible for the availability of any such web sites and that Wild Harvest does not endorse or warrant, and is not responsible or liable for, any such web site or its contents. You need to make your own decisions about your interactions or communications with any other web site.

3.4 Third Party Contents.

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

3.6 Downloading Files.

Wild Harvest 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 Content shall be borne solely by you.

3.7 Promotional Offers.

From time to time the Site may provide information about promotional offers Wild Harvest sponsors, alone or in connection with others. 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 Wild Harvest locations and Wild Harvest encourages you to review this information before participating in any promotional programs. Promotional offers are subject to local law and are void where prohibited.

3.8 International Use.

Wild Harvest makes no representation that the Contents are 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

WILD HARVEST MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENTS. WILD HARVEST 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. WILD HARVEST 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. WILD HARVEST DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, 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.

5. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WILD HARVEST 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 CONTENT, (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 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 CONTENTS, EVEN IF WILD HARVEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, 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, WILD HARVEST LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT WILD HARVEST LIABILITY, IN NO EVENT, SHALL EXCEED $100.

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 Wild Harvest, 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 Content, or any violation by you of this Agreement.

7. PRIVACY POLICY

Click here to see Wild Harvest's Privacy Statement, which is made a part of this Agreement by this reference.

8. USER CONDUCT

You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, impose an abnormal or unreasonable burden on the hardware or software infrastructure for the Site, 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.

9. USER SUPPLIED INFORMATION

If you supply or post any materials to the Site, you guarantee to Wild Harvest 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 Wild Harvest 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.

10. GENERAL PROVISIONS

10.1 Entire Agreements/No Waiver.

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Wild Harvest of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

10.2 Correction of Errors and Inaccuracies.

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

10.3 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.

10.3 Dispute Resolution/Choice of forum.

Any controversy, claim, or dispute of whatever nature arising between the parties (a "Dispute"), including, without limitation, a Dispute arising out of, or having to do with the Site or this Agreement, shall be resolved by mediation or, failing mediation, by binding arbitration. This agreement to mediate or arbitrate shall continue in full force and effect despite the expiration, rescission, or termination of this Agreement. Either party may begin the mediation process by giving a written notice to the other party setting forth the nature of the Dispute. The parties shall attempt in good faith to resolve the Dispute by mediation within 60 days of receipt of that notice. If the Dispute has not been resolved by mediation as provided above or if a party fails to participate in mediation, then the Dispute shall be resolved by binding arbitration in Minneapolis, Minnesota. The arbitration shall be undertaken pursuant to the substantive laws of the State of Minnesota and the Federal Arbitration Act, and the decision of the arbitrator(s) shall be enforceable in any court of competent jurisdiction. The parties knowingly and voluntarily waive their rights to have their dispute tried and adjudicated by a judge or jury. Any party may demand arbitration as provided above by sending written notice to the other party. The arbitration and the selection of the arbitrator(s) shall be conducted in accordance with such rules as maybe agreed upon by the parties, or, failing agreement within 30 days after arbitration is demanded, under the Commercial Arbitration Rules of the American Arbitration Association, as such rules may be modified by this agreement. In any Dispute which involves more than $1,000,000 in damages, three arbitrators shall be used. Unless the parties agree otherwise, they shall be limited in their discovery to directly relevant documents. The arbitrator(s) shall resolve any discovery disputes. The arbitrator(s) shall have the authority to award actual money damages (with interest on unpaid amounts from the date due), specific performance, and temporary injunctive relief, but the arbitrator(s) shall not have the authority to award exemplary or punitive damages, and the parties expressly waive any claimed right to receive money damages in excess of its actual compensatory damages. The costs of arbitration, but not the costs and expenses of the parties, shall be shared equally by the parties. If a party fails to proceed with arbitration, unsuccessfully challenges the arbitration award, or fails to comply with the arbitration award, the other party is entitled to costs, including reasonable attorney's fees, for having to compel arbitration or defend or enforce the award. Except as otherwise required by law, the parties agree to maintain as confidential all information or documents obtained during the arbitration process, including the resolution of the Dispute. Notwithstanding the above, the parties recognize that certain business relationships could give rise to the need for one or more of the parties to seek emergency, provisional or summary relief. Immediately following the issuance of any such relief, the parties agree to the stay of any judicial proceedings pending mediation or arbitration of all underlying Disputes. 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.

11. QUESTIONS OR ADDITIONAL INFORMATION

If you have questions about this Agreement or want to get more information, please send an email to CustomerService@wildharvestorganic.com or call toll free 1-877-932-7948.

Date of Last Modification: March 01, 2008