TERMS & CONDITIONS

ndelible, LLC and its affiliates (collectively, "ndelible") provides all information on this mobile app, wap and/or Platform (together with all content and the underlying code, collectively this "Platform") exclusively under the following Terms and Conditions and all applicable laws:

1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE

1.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Platform belongs or is licensed to ndelible, LLC. In addition, the names, images, pictures, logos and icons identifying ndelible, LLC's products and services are proprietary marks of ndelible, LLC and/or its subsidiaries or affiliates. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.

1.2 You are hereby granted a non-exclusive, non-transferable, limited license to view this Platform, and to download and/or print insignificant portions of materials retrieved from this Platform provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this Platform, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of ndelible, LLC.

1.3 Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.

2. LINKS TO THIRD PARTY PLATFORMS

ndelible, LLC provides links to third party digital and connected Platforms for your convenience. ndelible, LLC does not assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party Platforms and all use is at your own risk. You should review the privacy policy and terms of use for each third party Platform and confirm they are acceptable prior to registration on or use of the Platform. Links to third party Platforms do not imply endorsement of the Platforms by ndelible, LLC.

3. DISCLAIMERS

3.1 THIS PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND ndelible, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ndelible, LLC DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THIS PLATFORM IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE.

3.2 ndelible, LLC disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from this Platform, including but not limited to technical inaccuracies and typographical errors, (b) any third party Platforms or content therein directly or indirectly accessed through links in this Platform, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Platform or any portion thereof, (d) your use of this Platform, or (e) your use of any equipment or software in connection with this Platform.

4. LIMITATION OF LIABILITY A COVERED PARTY

LIMITATION OF LIABILITY A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS PLATFORM, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. "Covered Party" means The ndelible, LLC Co., its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.

5. PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES

This Platform may contain references or cross references to ndelible, LLC products and services that are not available in every country.

6. GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder or in any way related to this Platform shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of California, and jurisdiction therefore shall rest solely in California, USA.

7. CHANGES TO PLATFORM AND THESE TERMS AND CONDITIONS

This Platform and these Terms and Conditions may be changed by ndelible, LLC with or without notice. Please review this link on a regular basis for changes. Continued use of this Platform following any change constitutes your acceptance of the change.

8. ENTIRE AGREEMENT; SEVERABILITY

These Terms and Conditions incorporate by reference any notices contained on this Platform and constitute the entire agreement with respect to your access to and use of this Platform. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

9. COMMUNICATIONS

Any communication or other information sent to ndelible, LLC via electronic mail or otherwise in connection with your use of this Platform, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by ndelible, LLC for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to ndelible, LLC.

10. LINKS TO ndelible, LLC WEB PAGES

10.1 ndelible, LLC permits links to this Platform provided (a) you do not remove or obscure, by framing or otherwise, any content, including but not limited to the copyright notice and other notices, (b) you do not directly or indirectly cause any portion of this Platform to appear on a user's computer screen with any material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party, (c) you give ndelible, LLC notice of all such links by sending an e-mail to info@ndelible.com, and (d) you discontinue providing links to this Platform if notified by ndelible, LLC.

11. MESSAGE BOARD, BLOGS, & SHARING

ndelible, LLC may, now or in the future, allow users to post, upload, transmit through, or otherwise make available on the Platform (collectively, "submit") messages, receipts, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials ("User Content"). ndelible, LLC is not responsible for User Content for any links or images embedded in the User Content, or for the results obtained by using the User Content. ndelible, LLC does not endorse or warrant, and is not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement contained in User Content. Under no circumstances will ndelible, LLC be liable for any loss or damage caused by reliance on the Platform, User Content or information or materials obtained through User Content.

You shall not submit any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner’s express permission. You are solely liable for any damages resulting from your failure to obtain consent.

You shall not submit content that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that gives use to civil liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds; (f) contains instructions, formulas, or advice that could harm or injure; or (g) is a chain letter of any kind.

User Content, including any personally identifiable information (including as name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing Your information. You should use discretion when communicating with others or disclosing personal information. ndelible, LLC has no control over and shall have no liability for any damages resulting from the use or misuse by any third party of information that you make public by submitting it. If you choose to make personally identifiable information available you do so at your own risk.

By submitting User Content, you automatically grant ndelible, LLC a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub licensable and transferable, right and license to use, record, sell, lease, reproduce, distribute, create derivative works, from publicly displaying or perform, transmit, publish, and otherwise exploit the User Content, in whole or part as ndelible, LLC deems appropriate including, but not limited to, in connection with ndelible, LLC, or its subsidiaries or affiliates, business.

ndelible, LLC has the right, but not the obligation, to monitor the User Content. We reserve the right not to post any User Content, but we do not have an obligation to post, maintain, screen or otherwise use User Content. We may discontinue the ability to submit User Content in our own discretion.

The User is responsible for evaluating the accuracy, timeliness, and completeness of all content on the Platform including User Content.

12. INDEMNIFICATION

ndelible, LLC shall defend, indemnify and hold harmless Food4Less, Inc. and any its affiliates, and their respective officers, directors, employees, agents, successors and assigns (each a “Client Indemnified Party”), from and against any and all actual or pending claims, losses, damages, costs, expenses or other liabilities, including reasonable attorneys’ fees and expenses, including those incurred in any dispute between the Parties, with any third party or in any enforcement of this provision (collectively, “Losses”) arising out of, relating to or based upon: (i) actual or alleged injury to any person (including death) or property to the extent caused in whole or in part by ndelible, LLC or third parties retained or used by ndelible, LLC in connection with ndelible, LLC’s performance of Services; (ii) non-fulfillment or breach by ndelible, LLC of any agreement or obligation under this Agreement; (iii) the inaccuracy or breach of any representation, warranty or covenant made by ndelible, LLC in this Agreement; and/or (iv) any act or omission of ndelible, LLC (or its employees, contractors or agents) relating to the Services or this Agreement. ndelible, LLC’s Indemnified Party shall have the right to participate in the defense of any Losses and to employ counsel, at its own expense, separate from the counsel employed by ndelible, LLC. Notwithstanding anything herein to the contrary, ndelible, LLC shall not consent to, and no Food 4 Less Indemnified Party shall be required to agree to, any settlement, compromise or judgment that (x) ndelible, LLC does not fully pay for; (y) provides for injunctive or other non-monetary relief affecting any other ndelible, LLC Indemnified Party or includes any statement or implication of any wrongful or improper act or omission by any ndelible, LLC Indemnified Party; and (z) does not include as an unconditional term a release from all liability of each ndelible, LLC Indemnified Party with respect to such Losses by each third party that has claimed, or has a right to make a claim for, or with respect to any Losses.

13. EMAILS

By participating, you are agreeing to allow ndelible, LLC to contact you via email or push notification during the promotion-related updates.

14. IF YOU DO NOT AGREE ...

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS PLATFORM.

Effective September 1, 2022