United States of America v. Ahold USA, Inc. and Peapod, LLC - Settlement Agreement

EXHIBIT B

DEFINITIONS

"Auxiliary aids and services" includes-

• a. Qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTY s ), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing;

• b. Qualified readers; taped texts; audio recordings; Brailled materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision;

• c. Acquisition or modification of equipment or devices; and

• d. Other similar services and actions. 28 C.F.R. § 36.303(b).

"Conformance" or "conform" have the same meaning as used in the WCAG 2.0.

"Effective Date" is the date of the last signature of the Agreement.

"Mobile Applications" includes all software applications made available to the public directly or indirectly by Peapod designed to run on smartphones, tablet computers, or other mobile devices which enable users to obtain, for free or for a fee, services or products from Peapod or any facility owned, leased or operated by them.

A "substantial proposed change" as used in this Agreement, is a proposed material change, modification, alteration, or addition to the user interface design (i.e., any interactive control or area a user can manipulate), but content added to the existing user interface in accessible formats are not considered substantial proposed changes.

"Third Party Content" means web content that is generated by a third party and not created or controlled by Peapod.

"Web content" or "website content" includes all textual, visual and aural content encountered as part of the user experience of www.peapod.com.

"Website content personnel" includes all persons - Peapod's employees, contractors, and consultants - who design, develop, maintain, manage, or otherwise have responsibility for the content and format of www.peapod.com. "www.peapod.com" includes:

• a. All web pages, web applications, resources, and services within the www.peapod.com domain; its subdomains; related domains; and related mobile sites;

• b. All of the information, resources, files, databases, images, graphics, text, audio, video, multimedia, services, code (including Hypertext Markup Language ("HTML"), .Net Framework, C#, etc., Dynamic HTML (including Cascading Style Sheets ("CSS")), and any other communications sent by or retrieved from www.peapod.com to members of the public accessing it.

Unless otherwise provided in this Agreement, technical terms used in this Agreement have the same meaning as provided in the Web Content Accessibility Guidelines ("WCAG") 2.0 (Dec. 11, 2008), published by the World Wide Web Consortium ("W3C"), available at www.w3.org/TR/WCAG/. The term "WCAG 2.0 AA" as used in this Agreement incorporates the Level A and Level AA Success Criteria.