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Privacy
Please review our Privacy Policy, which also governs your visit to this site. If you are visiting the Publix Preschool Pals or Publix Baby Club® section of our site, please review our Child Privacy Notice. For more detail on Publix Pharmacy privacy practices, see the Publix Pharmacy Notice of Privacy Practices. If you are completing the online employment application, please click here for additional information concerning the collection and use of your personal information.
Copyright Notice
Our Web site, in its entirety, including all site design, text, data, interfaces, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, arrangement, coordination, enhancement and presentation of said elements is the sole property of Publix, Publix Asset Management Company and/or their affiliates and content suppliers and protected by United States and international copyright laws. All software used on our Web site is the property of Publix or its software suppliers (or is used under license from the owner) and is protected by United States and international copyright laws. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
Trademarks
The trademarks Publix®, Where Shopping is a Pleasure®, Publix Baby Club®, Publix FamilyStyle®, publix.comsm, Publix Preschool Pals®, Plato the Publixaurus®, Apron's®, Crispers®, Publix GreenWise Market®, Publix Grape®, and Publix Pix® are the trademarks of Publix. All other designs, graphics, logos, slogans, product names and service names are trademarks or servicemarks of Publix. All other trademarks not owned by Publix or its affiliates that appear on our Web site are the property of or are used under license from their respective owners, who may or may not be affiliated with, connected to or sponsored by Publix or its affiliates.
Using Our Web Site
Our Web site and its contents are intended for your personal, non-commercial use.
Except as otherwise provided on our Web site, any use of our Web site or its contents other than for your personal, non-commercial purposes - without our written permission - is strictly prohibited. Our Web site or any portion of our Web site may not be reproduced, duplicated, copied, transmitted, disassembled, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted under these Terms of Use. Any information copied from our Web site in accordance with the foregoing must include the appropriate Publix copyright notice and trademark notices and may not be altered in any way.
Except as specifically permitted by these Terms of Use, using our Web site does not confer, by implication, estoppel or otherwise, any ownership right or license to our Web site as a whole or to any individual elements of our Web site, without regard to whether such elements are subject to copyright or trademark protection. Access to our Web site does not authorize anyone to use any name, logo, slogan or mark in any manner. The application of our Web site, into any other site, is strictly prohibited unless pre-approved in writing by Publix. Publix reserves the right to refuse access in its sole discretion, including, without limitation, if Publix believes that a customer's conduct violates applicable law or these Terms of Use or is harmful to the interests of Publix or its affiliates.
By using our Web site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use our Web site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Publix does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use our Web site and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of our Web site. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use our Web site. For information concerning use of the Publix Preschool Pals or Publix Baby Club section of our Web site, please review our Child Privacy Notice.
All billing and registration information provided by you through this Web site must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use.
Conduct
Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy our Web site will not be permitted. Our Web site may only be used for lawful purposes. You are prohibited from posting on or transmitting through our Web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, adult-oriented, profane, hateful, fraudulent, prejudiced or otherwise objectionable material of any kind, including, but not limited to, any material encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws. This agreement also mandates that robots, spiders, Web crawlers, Webants, worms, wanderers, Web agents and other "bots" that visit our Web site are Standard for Robot Exclusion (SRE) -compliant robots ("robots"). You agree not to access our Web site by any means other than through the interface that is provided by us for use in accessing our Web site. You agree not to access or use this site in order to collect information about site visitors or registered users of this site. We reserve the right to terminate or suspend your access to and use of this Web site, without notice, if we believe, at our sole discretion, that it is in violation of these Terms of Use, it is in violation of any applicable law, or that it is harmful to our interests or the interests (including intellectual property or other rights) of another user or third party. Upon any termination of the Agreement by either you or Publix, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Publix's right to any submissions shall survive any termination of this Agreement.
Site Security
You are prohibited from violating or attempting to violate the security of our Web Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Publix will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Publix on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Errors on Our Web Site
Publix makes all efforts to ensure that the information on this Site is accurate, current and complete. However, there may be instances when information about a Publix product contains inaccurate or incomplete information, such as information about the product's pricing or availability. Publix does not warrant or guarantee that the information on this Site is error-free, complete, or current. Publix reserves the right to correct errors and/or to update the content or information on this Site at any time, without notice.
Pricing and Online Circulars
Prices listed in the online circulars do not include applicable sales tax. Coupons found in the online circular cannot be printed and redeemed in-store. Generally, prices listed in our online circulars are good for the dates printed on the circular or, in some cases, while supplies last. While Publix strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event of a discrepancy between the prices in the online circular and the printed circular for the store selected, the printed circular prices will govern. Prices and/or availability are subject to change without notice.
Food & Entertaining Items
Not all items displayed in our Food & Entertaining section may be available in all Publix locations. If you have questions regarding availability, please contact your local Publix store. Estimated costs displayed in an Event Planning List may vary depending on actual pricing of each selection; those items listed at market price, custom price, or any other non-priced value are not included in your estimated total. Likewise, reminder items and all other items not listed on an Event Planning List should be considered in the total cost of your event. Be sure to consider lead times for your Publix selections when placing your order.
Wellness and Pharmacy Content
All content, including, but not limited to, drug and nutrient interaction information provided in the Wellness and Pharmacy area of our Web site, is for educational and informational purposes only and should not be construed as specific instructions for individual patients. Such content is intended to supplement, not substitute for, the diagnosis, treatment and advice of a medical or nutritional professional and it is not intended as a guide to self-medication. Any content contained on this Web site should not be used to determine treatment for a specific medical condition. Health content including drug and nutrient interaction information does not cover all possible uses, precautions, side effects and interactions, and should not be construed as a representation or assurance that any drug is safe, appropriate or beneficial for you. Talk to your doctor or pharmacist before using any prescription or over the counter drugs, including any herbal medicines or supplements. Only your doctor or pharmacist can provide you with advice on what is safe and effective for you. You should also check the product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement referenced or mention on our Web site.
The information contained in the Wellness and Pharmacy pages of our Web site concerning herbal and dietary supplements contains information about herbal and dietary supplements, which are not regulated in the United States by the Food and Drug Administration. Therefore, as with other statements on the Wellness and Pharmacy pages, any such information or statements concerning these supplements are not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition. Additionally, because the manufacture and distribution of herbal and dietary substances are not regulated in the United States, no quality standards currently exist. Because of the unregulated nature of the herbal and dietary supplement industry, you need to discuss use of these substances with your doctor or pharmacist prior to using them.
Publix Wine Guide
Publix intends the content of its Publix Wine Guide website to be viewed only by individuals who are of legal drinking age in the United States that is twenty-one (21) years of age or older. Therefore, all users are required to confirm that they meet this requirement before accessing our Publix Wine Guide upon each visit to this section of Publix.com.
Publix promotes responsible drinking and supports efforts to fight alcohol abuse and underage drinking. For more information, visit www.centurycouncil.org, the website of The Century Council. The Century Council is a not-for-profit organization funded by America's leading distillers and dedicated to fighting drunk driving and underage drinking.
Gift Cards
Purchase or use of the Publix Gift Card constitutes acceptance of the following terms: All Gift Cards ordered on our Web site are deemed purchased in and issued from the State of Florida. You agree that the substantive laws of the State of Florida will govern your purchase of a Gift Card online, without giving effect to any conflict of laws principles that otherwise might result in the application of the substantive laws of another jurisdiction. Further, you agree that any dispute relating in any way to your online purchase of a Gift Card shall be submitted to confidential binding arbitration in Lakeland, Florida.
By purchasing or using Publix Gift Cards, you are certifying and representing to Publix Super Markets, Inc. that the activities in connection with which the Gift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, fraudulent, unfair or otherwise harmful to consumers. In addition, you agree to defend and indemnify Publix Super Markets, Inc. and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your purchase or use of the Gift Cards or violation of any of these Terms and Conditions.
The Gift Card may be used at any Publix location toward the purchase of merchandise and at Pix Gasoline-Convenience Stores. The Gift Card may not be applied toward money services such as purchasing of Money Orders, Wire Transfers, etc. Gift Cards may not be used to purchase alcohol, tobacco, or lottery tickets. Purchases will be deducted from the card value until the balance reaches zero. Additional value may be added to the Gift Card at any time, at any Publix location. If a Gift Card has a zero balance for at least one hundred and eighty (180) days, the Gift Card will deactivate. Publix Gift Cards have no implied warranties and are not a credit card or debit card. Gift Cards cannot be redeemed for cash nor may you return merchandise or cancel services obtained with the Card for a cash refund. Resale of Gift Cards is strictly prohibited. Publix is not responsible for lost, stolen, or damaged cards or any unauthorized card use, and will not replace lost, stolen or damaged cards. If your purchase exceeds the value remaining on the Gift Card, you must pay for the excess at the time of purchase.
Publix Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Publix Super Markets, Inc.'s prior written approval, which may be withheld by Publix in its sole discretion. Such approval shall be conditioned on, among other things, execution of and compliance with a Gift Card license agreement between you and Publix. Use of Publix Super Markets, Inc.'s name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Publix Gift Cards is strictly prohibited. Furthermore, the use of Publix Gift Cards in any manner that states or implies that any person, Web site, business or product or service is endorsed or sponsored by, or otherwise affiliated with Publix Super Markets, Inc. or any of its subsidiaries or affiliates is prohibited.
We retain the right to amend or discontinue the Publix Super Markets Inc. Gift Card program and these Terms and Conditions at any time and at our discretion. We may cancel your right to use the Publix Gift Card at any time and require you to return the Gift Card to us. In such an event, a check will be mailed to you for the remaining value upon Publix's receipt of the returned Gift Card from you.
Through the Publix Web site, you may be able to purchase nonrefundable Gift Cards in denominations from $5 to $500. Subject to certain limitations and restrictions, the Gift Cards are redeemable at all Publix stores. Your purchases on our Web site are subject to the following terms:
You can expect your Gift Card to be delivered in 2-5 business days. Unless otherwise agreed by Publix, all orders will be shipped via USPS First Class Mail, Federal Express or UPS, and shall be delivered to the shipping address in your order. Risk of loss and title will pass to you upon delivery of the Gift Card to the shipper. You will bear the risk of delay and increased costs of shipment. With the exception of Canada, we cannot accept orders with a billing or shipping address outside of the United States.
Purchases on Publix's Web Site
Through the Publix Web site, you may be able to purchase products, including nonrefundable Gift Cards in denominations from $5 to $500. Subject to certain limitations and restrictions, the Gift Cards are redeemable at all Publix stores. Your purchases on our Web site are subject to the following terms:
a) Only those individuals with a valid credit card may purchase a Publix Gift Card.
b) Payment is by credit card only. Currently, we accept Visa, MasterCard, Discover, and American Express. Cash, personal checks, cashiers/certified checks, money orders, or any other form of payment will not be accepted. Your credit card will be billed when your order is submitted by you.
c) Submission of your order constitutes an offer by you to purchase, and Publix reserves the right to accept or reject your offer. Acceptance of an offer occurs when the order is accepted by Publix and your credit card is successfully billed. After submitting your order, you will be shown an order confirmation page and confirmation e-mail will be sent to the address you provided on the form. You should either print the order confirmation page and/or keep the e-mail confirmation for your records.
d) Product prices do not include any sales, use, privilege, excise, or any other tax, duty, tariff, or assessment that may arise, and payment of any such costs are your responsibility.
You can expect your Gift Card to be delivered in 2-5 business days. Unless otherwise agreed by Publix, all orders will be shipped via USPS First Class Mail, Federal Express or UPS, and shall be delivered to the shipping address in your order. Risk of loss and title will pass to you upon delivery of the Gift Card to the shipper. You will bear the risk of delay and increased costs of shipment. Currently, we can only accept orders with a billing and shipping address within the states available on the drop down lists on the order form. We cannot accept online orders from or ship online orders to other destinations at this time. Please call1-800-830-8159 to place a phone order for locations outside of those listed on the order form. With the exception of Canada, we cannot accept phone orders with a billing or shipping address outside of the United States.
Offers, Promotions and Sweepstakes
In general, offers on this site are good only while supplies last. Sweepstakes and other promotions offered at Publix.com may not be available in Publix stores. Likewise, sweepstakes and promotions offered in Publix stores may not be available at Publix.com.
E-mail
By using this Web site and providing your e-mail address, you are consenting to receive e-mail from us unless you advise us in writing or by e-mail that you do not desire to receive e-mail from us. By sending an e-mail to our Customer Relations department and providing your e-mail address, you are consenting to receive responses via e-mail. Additionally, by registering with Publix Preschool Pals, Publix Baby Club, and/or Publix Apron's Cooking School mailing list(s), or by placing an online Gift Card order, you are consenting to receive e-mail newsletters from us. Also, if you complete an online employment application, you consent to receiving e-mail from Publix in furtherance of the application process, including without limitation e-mails acknowledging the application, initial preliminary feedback regarding qualifications, requests to schedule an interview or phone screens, and an acknowledgment that the application process has been completed. Please see Publix's Privacy Policy and the Child Privacy Notice for further information.
Submissions
Some portions of our Web site may offer you the opportunity to make submissions, to offer comments or to post or exchange messages, ideas, notes, suggestions, information or materials with Publix or one another (collectively “Submissions”).
We welcome your Submissions to our Web site. However, any Submissions sent to Publix shall be and remain the exclusive property of Publix. Any Submissions to our Web site shall constitute an irrevocable, perpetual assignment to Publix of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such Submissions. Publix will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without any compensation or attribution to you at all. For this reason, you should not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. Further, if you post on our Web site or provide to Publix through our Web site (such as by e-mail or FTP) any copyrighted or copyrightable works of authorship, proprietary information, trade secrets or other information or material in which you have intellectual property rights, moral rights or other proprietary rights (each individually, a "Work" and collectively, the "Works"), you will be deemed to have: (a) granted Publix an exclusive, perpetual, worldwide and royalty-free license of all right, title and interest in the Works, as well as all intellectual property and proprietary rights associated with the Works, and (b) waived all rights of attribution and integrity with respect to the Works. You also agree to grant Publix, without any obligation of Publix to pay or otherwise compensate you, all rights to use any ideas contained in any material provided by you for new or improved products and services for Publix, its affiliates, or others, and you agree that your posting to or disclosure of those ideas on our Web site places such ideas in the Public Domain.
While reserving the right to delete information and materials that we deem, in our sole discretion, to be indecent, obscene, defamatory, infringing upon the intellectual property or proprietary rights of others, or otherwise harmful, unlawful, inappropriate or objectionable ("Objectionable Materials"), Publix assumes no responsibility and makes no warranty that it will undertake responsibility to screen or remove such objectionable materials. You agree to hold harmless Publix and its affiliates and the respective shareholders, officers, directors, employees, agents, licensors and suppliers of Publix and its affiliates from any and all claims based upon information and materials posted by others. Further, you agree to indemnify, defend and hold harmless Publix and its affiliates and the respective shareholders, officers, directors, employees, agents, licensors and suppliers of Publix and its affiliates from and against any and all claims, suits, losses, expenses, damages and costs, including reasonable attorneys' fees arising from any material posted by you on our Web site. This includes but is not limited to, claims for defamation, invasion of privacy, invasion of rights of publicity, copyright, trademark, patent or intellectual property infringement, unfair competition and any and all claims arising in tort.
Colors
Publix has made every effort to display the colors of our products that appear on the Web Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Links
You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be a text-only link, marked "Publix Web site," (b) the link must "point" to the URL "http://www.publix.com" and not to other pages, graphics or images within our Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the name and trademarks of Publix and its affiliates, (d) the appearance, position and other aspects of the link may not create the false appearance that any person or entity other than Publix and its affiliates is associated with or sponsored by Publix or its affiliates, (e) the link, when activated by a user, must display our Web site on a full screen and not within a "frame" on the linking Web site, and (f) you do not directly or indirectly cause any portion of this Site 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 any third party. Publix and its affiliates reserve the right to revoke consent to link at any time in their sole and absolute discretion by amending these Terms of Use or providing notice to the operator of a Web site containing the link. You agree that all other hypertext links to our Web site must be expressly approved in advance, in writing, by Publix.
Third Party Sites
Publix may provide links on our Web site to other Web sites that are not under the control of Publix or its affiliates. In general, any Web site that has an address (or URL) without the word "Publix" is such a Web site. These links are provided for convenience or reference only and are not intended as an endorsement by Publix or its affiliates of the organization or individual operating such Web site, or a warranty of any type regarding that Web site or the information on that Web site. In addition, parties other than Publix and its subsidiaries may provide services or sell products through web sites co-branded with Publix. For example, Snapfish offers Photo Services in the "Publix Photo Center presented by Snapfish" web site. Also, Publix's online employment application process is administered by third party vendors who collect application data, provide it to Publix and store it on their electronic systems.
Publix does not control such web sites and, therefore, does not assume any responsibility for the operation or content or privacy practices of such web sites or the technology they implement. All use by you of such web sites is at your own risk. Publix reserves the right to terminate such links at any time without notice. You should review the privacy policy and terms of use for each such web site and confirm that they are acceptable to you before you register on or use that site. Because some web sites employ automated search results or otherwise link users to sites that contain information that may be deemed inappropriate or offensive, Publix cannot be held responsible for the accuracy, legality or decency of material contained on such web sites.
Monitoring
Publix reserves the right, but not the obligation, to monitor areas of our Web site electronically. Publix further reserves the right to disclose any content, records, or electronic communication of any kind if we are required to do so by any law, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Web site or to protect Publix's rights or property, or the rights of the other Web site users, or our partners, affiliates, sponsors, providers, licensors, or merchants. In the event that Publix is advised of the existence of defamatory, infringing or illegal content, Publix may investigate such claims and determine in our sole discretion whether to remove such content from our Web site.
Stockholder Information
Financial News and SEC Documents can be found under Stockholder Information in the About Publix section of our Web site. This information has been prepared solely for the purpose of providing information about Publix. No representation is made as to the completeness or accuracy of information on our Web site. The press releases and the reports filed by Publix with the Securities and Exchange Commission and listed on our Web site are current only as of the respective dates on which they were distributed or filed by Publix. The contents of these releases and reports may become out-of-date. Publix makes no commitment, and disclaims any duty, to update any releases, reports or other information on our Web site. Publix reserves the right to add, modify or delete any information on our Web site at any time.
Disclaimers
ALTHOUGH PUBLIX RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE INFORMATION ON OUR WEB SITE IS PROVIDED "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, PUBLIX DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OUR WEB SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEB SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
THE INFORMATION ON OUR WEB SITE, INCLUDING THE WELLNESS AND PHARMACY PORTION OF THE SITE, IS INTENDED AS AN EDUCATIONAL OR INFORMATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL, HEALTH OR NUTRITIONAL ADVICE, AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED MEDICAL, HEALTH AND NUTRITIONAL PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL NEEDS.
AS NOTED EARLIER, THE INFORMATION CONTAINED IN THE WELLNESS AND PHARMACY PAGES OF OUR WEB SITE CONCERNING HERBAL AND DIETARY SUPPLEMENTS CONTAINS INFORMATION ABOUT HERBAL AND DIETARY SUPPLEMENTS, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL AND DIETARY SUBSTANCES ARE NOT REGULATED IN THE UNITED STATES, AND NO QUALITY STANDARDS CURRENTLY EXIST. BECAUSE OF THE UNREGULATED NATURE OF THE HERBAL AND DIETARY SUPPLEMENT INDUSTRY, YOU NEED TO DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR OR PHARMACIST PRIOR TO USING THEM. PUBLIX DOES NOT ENDORSE ANY CLAIMS BY THE MANUFACTURERS OF THESE SUPPLEMENTS OR OTHERS ABOUT THE EFFICACY OF THESE PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUBLIX AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS, AND MATERIALS DISPLAYED ON OUR WEB SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSES OF DEALING OR COURSE OF PERFORMANCE.
PUBLIX MAY OBTAIN PRODUCT AND ITEM PHOTOGRAPHS, NUTRITIONAL INFORMATION AND INGREDIENTS FROM THE MANUFACTURERS OR SUPPLIERS OF SUCH PRODUCTS AND ITEMS, AND/OR THIRD-PARTY PROVIDERS OF SUCH IMAGES AND DATA. THIS SOMETIMES INCLUDES TAKING THE INFORMATION DIRECTLY FROM PACKAGING FOR SUCH PRODUCTS OR ITEMS. WE DO NOT INVESTIGATE THESE MATTERS TO DETERMINE IF THE INFORMATION IS ACCURATE, NOR CAN WE PROVIDE ASSURANCE THAT ALL DATA ENTRY WAS DONE WITHOUT ERROR. IF MANUFACTURERS CHANGE INGREDIENTS OR NUTRITIONAL INFORMATION, WE CANNOT BE CERTAIN THAT WE WILL UPDATE THE INFORMATION IN A TIMELY MANNER. ACCORDINGLY, THE INFORMATION DISPLAYED ON OUR WEB SITE IS NOT GUARANTEED TO BE 100% ACCURATE. PLEASE CAREFULLY REVIEW THE LABELING OR OTHER INFORMATION ACCOMPANYING THE ACTUAL PRODUCT OR ITEM YOU PURCHASE, BECAUSE SUCH INFORMATION SHOULD BE CONSIDERED THE AUTHORITATIVE SOURCE.
PUBLIX 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 ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS TO THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM.
Limitation of Liability
PUBLIX AND ITS AFFILIATES WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM OR CAUSED BY YOUR USE OF OUR WEB SITE, YOUR MISUSE OF ANY INFORMATION CONTAINED HEREIN, OUR WEB SITE'S CONTENT, INCLUDING ANY ERRORS IN OR OMISSIONS FROM THIS SITE, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, ANY THIRD PARTY WEB SITES ACCESSIBLE THROUGH LINKS ON OUR WEB SITE, OR ANY SERVICES OR PRODUCTS DELIVERED, PURCHASED OR USED AS A RESULT OF YOUR USE OF OUR WEB SITE. PUBLIX ALSO WILL NOT BE LIABLE FOR TECHNICAL FAILURES OR FOR UNAUTHORIZED ACCESS TO USER TRANSMISSIONS BY THIRD PARTIES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PUBLIX HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH OUR WEB SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PUBLIX UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Indemnities
You agree that you will hold harmless Publix, its affiliates and the respective shareholders, officers, directors, employees, agents, licensors and suppliers of Publix and its affiliates from any and all claims arising out of or related to your access or use of, or your inability to access or use, our Web site or from the services rendered by Publix in conjunction with your use of our Web site. This includes but is not limited to, claims that you have found something you have heard, viewed or downloaded from our Web site or another site to which it is linked to be obscene, offensive, defamatory or infringing upon your intellectual property rights. This also includes claims by third parties arising out of your use of the content on this Web site, your use of this Web site, your connection to this Web site, your violation of these Terms of Use, or your violation of any rights of any other third party. In no event will Publix, its affiliates or the contributors of content to our Web site be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Export
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including, but not limited to, the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from our Web site to either a foreign national or a foreign destination in violation of such laws.
Applicable Law
Our Web site is created and controlled by Publix in the State of Florida, U.S.A. As such, you agree that the substantive laws of the State of Florida will govern the interpretation and enforcement of these Terms of Use, or any disputes that arise hereunder or relate in any way to the Terms of Use, without giving effect to any principles of conflict of laws which might otherwise result in the application of the substantive laws of another jurisdiction.
Disputes
Any dispute relating in any way to your visit to our Web site shall be submitted to confidential binding arbitration in Tampa, Florida, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Publix or its affiliates, Publix may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous
These Terms of Use incorporate by reference any notices contained on this Web site and constitute the entire agreement with respect to your access to and use of our Web site. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid, it is agreed nevertheless that the court should endeavor to give effect to the intention of such provision by making reasonable modifications in such provision if practicable and by continuing to honor all other terms and provisions of these Terms of Use, which are intended to remain in full force and effect. Publix makes no representation that materials on our Web site are appropriate or available for use in other locations or jurisdictions, and accessing our Web site from jurisdictions where the contents of our Web site are illegal is prohibited. Those who choose to access our Web site from other locations do so on their own initiative and are responsible for compliance with local laws.
Contact Us
Please let us know if you have any questions about, or would like a copy of, our Terms of Use. A copy will be provided to you free of charge. Simply send us an e-mail.
COPYRIGHT NOTICE
Copyright© 2006 Publix Asset Management Company. All rights reserved. Any rights not expressly granted herein are reserved.
Last modified: 12/2006