SUPERVALU INC. ("Company") operates the www.savonhealth.com and www.savon.com web sites (collectively referred to as the "Site") to provide online access to information about Company and to enable prescriptions to be ordered online (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 SavonHealth.com 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.

Company 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. and international copyright, trademark, and other laws, and belong to Company or its parent companies, subsidiaries, affiliates, partners, contributors, or third parties.

   Company 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. Company 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.

   Contents provided by Healthnotes, Inc. ("Healthnotes Contents") are the intellectual property of Healthnotes, Inc. Your use of the Site does not grant you any rights, either intentionally or by implication, to the Healthnotes Contents. Any copying, republication, or redistribution of Healthnotes Contents, including by caching, framing, or any similar means, is prohibited without the prior written consent of Healthnotes, Inc. Healthnotes, Inc., shall not be liable for any delays in Healthnotes Contents, or for any action taken in reliance thereon. The marks HEALTHNOTES, FOODNOTES, CLINICAL ESSENTIALS, and RE:SEARCHING HEALTH are registered service marks of Healthnotes, Inc.

2. DISCLAIMERS

   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.

   Third Party Links. Hypertext links to third party web sites or information, such as the Healthnotes Contents, do not constitute or imply an endorsement, sponsorship, or recommendation by Company 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 Company is not responsible for the availability of any such web sites and that Company 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.

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

   Downloading Files. Company 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.

   Promotional Offers. From time to time the Site may provide information about promotional offers that the Company 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 Sav-on Pharmacy or Osco Pharmacy 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.

   International Use. Company 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.

3. ORDERING PRESCRIPTION DRUGS

   Terms and Conditions. Transactions for the purchase or sale of prescription drugs or other goods or services facilitated by use of the Site will be governed by these 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 Company unless agreed to by Company in writing.

   Offer and acceptance. By completing and submitting an order, you are offering to purchase the items you requested (collectively, "Product" or "Products") from Company. When your order is filled you will receive an electronic confirmation from Company stating that your order has been prepared. Company reserves the right, without prior notification and in its sole discretion, to accept or reject your order or to limit order quantities. If you receive a confirmation that your order has been prepared, these Terms and Conditions and your order request collectively constitute a legal agreement between you and Company governing your purchase of the Products.

   Shopper registration. You agree to complete the initial registration process, providing accurate, complete and updated information, including, but not limited to, your legal name, billing and delivery addresses, and telephone number. If you request delivery by a third party, you must provide an accurate and complete credit or debit card number and expiration date at the time you submit your order request. You represent and warrant to Company that your use of any credit or debit card is authorized and legal.

   Payment. Your payment for the Products, including all applicable shipping and other assessments as indicated in an electronic message, is due upon the transfer of the Products to the delivery service for shipment. Company will charge the payment to the credit card that you indicated in your order request. You authorize Company to make and collect such charge, and agree to make payment to Company if Company cannot collect the charge for any reason.

   Taxes. You are responsible for paying all applicable sales taxes, use taxes, or any other taxes or governmental assessments on your purchases of Products.

   Shopper information changes. You are responsible for updating your registration information and your credit or debit card information, as applicable. It is your responsibility to promptly notify your bank of any changes to your billing information or loss, theft, or unauthorized use of your credit or debit card number.

   Delivery. If Company, in its sole discretion, accepts your order, then in return for your payment, you will be able to obtain the Products you ordered in one of two ways. If you choose to have the Products delivered, Company will deliver the Products to you through a third-party delivery service at the delivery address you designate on the order form. If, however, you choose to pick the Products up, you may pick the Products up at the Sav-on Pharmacy or Osco Pharmacy that you designate on the order form.

   Customer Service. If you are not satisfied with the Products or your customer experience, please call the following toll-free number: 1-877-932-7948.

4. DISCLAIMER OF WARRANTIES

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

5. LIMITATION OF LIABILITY

   YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL COMPANY 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, (VI) ANY DEFECTS IN THE PRODUCTS, (VII) THE INTERCEPTION OF YOUR CREDIT OR DEBIT CARD INFORMATION, PERSONAL HEALTH INFORMATION, OR ANY OTHER INFORMATION THAT YOU SUBMIT TO THE SITE, OR (VIII) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, THE CONTENTS, OR THE PRODUCTS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENTS, THE PRODUCTS, 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, COMPANY'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT COMPANY'S LIABILITY SHALL, IN NO EVENT, 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 Company, 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.

7. PRIVACY STATEMENT

   Click here to see Company'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 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 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 Company 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

    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 Company of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

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

    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 or the U.N. Convention on Contracts for the International Sale of Goods.

    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 a 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 may be 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 regarding this Agreement or wish to obtain additional information, please send us a letter by e-mail to SavonHealth@albertsons.com.

Date of Last Modification: April 18, 2007