Last updated: April 19, 2016
TERMS OF USE
IMPORTANT- READ THIS AGREEMENT CAREFULLY: YOUR USE OF THIS WEBSITE AND SERVICES (THE "SERVICES") IS CONDITIONED UPON YOUR ACCEPTANCE OF, AND COMPLIANCE WITH, THESE TERMS (“TERMS OF USE”).
As used herein, 'you,' 'your,' and 'user' means the person, including the company or organization the person represents, that registers on this website, and 'we,' 'our,' 'us,' 'Publix' refers to Publix Super Markets, Inc. and its affiliates.
ACCEPTANCE OF TERMS. The website through which you accessed these terms (the "Site") is made available to you by Publix subject to the following Terms of Use. Publix is providing certain authorized business users ( hereafter referred to individually as “Company” or collectively as “Companies”) with access to, and use of, the Site, which is a web-based portal used to communicate information to Companies and to allow the Companies to review account and other Company-related information. By accessing this Site and using the Services, you agree to the Terms of Use and that you are authorized to accept them on behalf of the Company for whom you work. Publix shall have the right, in its sole discretion, to revise, update, or otherwise modify the Terms of Use and Services, temporarily or permanently. Your continued use of the Services will constitute your acceptance of, and agreement to, such changes. Your use of this Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. If you breach any of the Terms of Use, Publix may terminate your authorization to use this Site.
SERVICES PROVIDED; PERMITTED USE.
Except as otherwise provided on the Site, any use of the Site or its contents other than for Company-related purposes - without our written permission - is strictly prohibited. The Site or any portion of the 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. Publix reserves the right to refuse access to the Site and/or revoke User Codes (as defined below) in its sole discretion, including, without limitation, if Publix believes that a user's conduct violates applicable law or these Terms of Use or is harmful to the interests of Publix, its affiliates or other Vendors.
USER CODES.
Each Company will be responsible for all employees, agents, affiliates and other individuals who access Company's account or otherwise access the Site on behalf of Company. To the extent Company has individual user accounts for such individuals, then Company shall be solely responsible for managing individual users, for the accuracy of information provided to the Site, for the security and confidentiality of user names and passwords (collectively “User Codes”) and for access to the Company's information via the Site. You are responsible for all statements made and acts or omissions that occur while your User Codes are being used and for any breach of security caused by your failure to maintain the confidentiality of your User Codes. You agree to notify Publix immediately, by calling 1-877-773-7865, in the event of loss or theft of your User Codes, or if you believe the confidentiality of your User Codes has been compromised in any way, or in the event you learn about a possible or actual unauthorized use of the Site with your User Codes.
PRIVACY POLICY.
Your right to privacy is very important to Publix. For details about Publix's privacy policies, please refer to the Publix Privacy Policy, included below.
RESERVATION OF RIGHTS AND OWNERSHIP.
The Services are licensed, not sold. Publix reserves all rights not expressly granted to you in the Terms of Use. The Services are protected by copyright, trade secret and other intellectual property rights. Publix owns all right, title and interest in and to the Services and all intellectual property rights therein. The Terms of Use do not grant you any rights to the Site or Services, trademarks, service marks or other intellectual property rights of Publix or their respective owners.
COPYRIGHT AND TRADEMARK NOTICE; OWNERSHIP OF SUBMISSIONS.
(a) The 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 and/or their affiliates and content suppliers and protected by United States and international copyright laws. The Publix trademark and logos are trademarks of Publix, all rights reserved. All other trademarks and copyrights appearing on the Site are the property of their respective owners, and the trademarks, trade names, logos and service marks ("Marks") displayed on the Site are protected by applicable copyright, patent, trademark or other intellectual property law. Except as expressly authorized herein, you may not copy, reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit such Marks in any manner (including electronic, print or other media now known or hereafter developed) without the prior written consent of the Marks' owner.
(b) Some portions of the 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 the 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 the Site or provide to Publix through the Site (such as by email 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: (i) 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 (ii) 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 the Site places such ideas in the Public Domain.
(c) 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 the 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.
LINKS.
The Site may contain links to other websites, Internet locations and sources of information of persons, companies, organizations and other entities that are not under the control of Publix ("Third Party Sites"). Publix makes no representations whatsoever about any Third Party Sites to which you may have access through this Site, and you do so at your own risk.
PROHIBITED CONDUCT AND COMMUNICATIONS.
(a) Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy the Site, is unlawful, or is unprofessional will not be permitted. The Site may only be used for lawful purposes. We reserve the right to terminate or suspend your access to and use of the Site, without notice, at our sole discretion.
(b) You agree: (i) not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site; (ii) not to access or use the Site in order to collect information about site visitors or registered users of the Site; and (iii) not to violate or attempt to violate the security of the Site, including, without limitation by accessing data not intended for you or logging onto a server or an account that you are not authorized to access. 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.
(c) 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 the Site to either a foreign national or a foreign destination in violation of such laws.
WARRANTIES AND LIMITATION OF LIABILITY.
(a) Except as expressly set forth in the Terms of Use, all information and Services on this Site are provided "as is" without any warranty of any kind and Publix hereby expressly disclaims all express and implied warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and the warranty of non-infringement or title.
(b) Publix's Limitation of Liability. PUBLIX WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM OR CAUSED BY YOUR USE OF THE SITE, YOUR MISUSE OF ANY INFORMATION CONTAINED HEREIN, THE SITE'S CONTENT, INCLUDING ANY ERRORS IN OR OMISSIONS FROM THIS SITE, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS OR ANY THIRD PARTY WEB SITES ACCESSIBLE THROUGH LINKS ON 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 OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS 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).
YOUR REPRESENTATIONS AND WARRANTIES.
You hereby represent and warrant that you are of the age of majority.
GOVERNING LAW, DISPUTES AND JURISDICTION.
(a) By accessing this Site, you and Publix agree that all matters relating to your access to, or use of, this Site shall be governed by the laws of the State of Florida, without regard to conflicts of laws principles thereof.
(b) ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN TAMPA, FLORIDA, EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (EXCLUDING PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA'S CONSUMER RULES”), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION'S WEBSITE.
PUBLIX AND YOU AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.
THE ARBITRATOR SHALL APPLY FLORIDA LAW, AND THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. 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. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN TAMPA, FLORIDA.
(c) In the event of intellectual property claims by Publix against you, Publix shall have the right to litigate such claims in any state or federal court in Tampa, Florida, and you consent to the exclusive and mandatory venue in such courts.
ASSIGNMENT.
The Terms of Use shall be binding upon and inure to the benefit of the parties and their respective executors, heirs, successors and permitted assigns. You may not assign the Terms of Use or any of its rights or obligations hereunder without Publix's prior written consent.
ENTIRE AGREEMENT; SEVERABILITY.
To the extent there is any direct inconsistency between these Terms of Use for the Site and another agreement related to the subject matter hereof entered by and between you and Publix, then the terms in such agreement will control. In the event that a subject is addressed in the Terms of Use for the Site and not in such agreement, then the terms in the Terms of Use of the Site will control. Except as herein provided, no waiver, modification or amendment of any provision of the Terms of Use shall be effective against Publix unless the same is in writing and signed by an authorized official of Publix. Should any term or provision in the Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect.
WAIVER.
Publix's failure to insist at any time upon strict compliance with any provision of the Terms of Use, or any delay or failure on Publix's part to exercise any power or right given to Publix in the Terms of Use, or a continued course of such conduct on Publix's part shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to Publix in the Terms of Use are cumulative and not exclusive of any other rights or remedies which Publix otherwise has at law or equity.
NO GUARANTEE OF BUSINESS.
Publix's invitation to access the Site creates no obligation, commitment or guarantee by Publix to conduct further business with any Vendor or user.
CONFIDENTIALITY.
You agree to hold in strictest confidence any information and material related to Publix's business or which is designated as proprietary or confidential that is accessed or made available to you through the Site. Your obligations of confidentiality shall survive termination of these Terms of Use and shall be in addition to, and not in place of, any other non-disclosure and/or confidentiality obligations that we may have agreed upon or may otherwise agree upon in the future.
PRIVACY POLICY
At Publix, we are committed to protecting your privacy. We developed this Privacy Policy to inform you about how we treat the information that we collect about you when you use the Services. By using the Services, you consent to the practices described in this Privacy Policy.
Who is Collecting Your Information
Publix and its affiliates are the sole owners of the information collected through this Site; except as otherwise provided in this Privacy Policy, we will not sell, share, rent or loan this information to any third party, except to the extent necessary to perform its obligations hereunder or as required by law. Publix may also use and share aggregated information that does not personally identify you with third parties in order to improve the Site for our users.
Our Site collects a minimal amount of required information relating to those users who are assigned User Codes to access the Site. Publix may use third parties to assist in providing certain services to users, including the provision of hosting and technical support services for the Site. In the event that Publix utilizes a third party to provide such services, our contract with the third party will include obligations upon the third party to keep all information obtained during such contract confidential and secure.
What Is Collected, and How Do We Use It
After accessing the Site through the Log-in page, which requires you to use your valid User Code, you may navigate the Site without providing any additional personal data to us. However, certain sections of our Site do include forms. Some of those forms may request that you supply your email address, name, address, company name, employment position and/or title. This information may be used for the purposes for which it was provided, and to contact you in response to questions or inquiries that you send to us through the Site.
Other Information
We collect additional information about how you use and access our Site. This information enables us to improve the Site by making it more accessible and easier to navigate.
Cookies
By using the Services, you consent to our use of cookies, web beacons, and similar technologies. We use these technologies to receive and store certain types of information when you interact with the Services. The information obtained by using these technologies (including the pages you visit on our website, which web address you came from, information about the devices and software you use, and the content you view) helps us in various ways, including to customize your experience, improve the Services, learn what areas of the Services are of most interest to our customers, and troubleshoot any issues. In order to provide the best experience possible, we also use this information for reporting and analysis purposes.
Most web browsers are set to accept cookies by default, though you can manually disable the cookies feature of your browser. You should review the online documentation relating to your browser or consult with the provider of your browser for instructions on how to disable cookies. Please note that if you disable cookies on your Internet-enabled device, some parts of the Services may not function properly or offer you the same degree of personalization. In addition, you may be able to exercise choices regarding companies such as online network advertisers via certain third party tools. Read more information about such choices at: http://www.aboutads.info/choices/.
We may also use technologies that let us know whether you viewed certain content, whether you viewed our emails or other electronic communications, and whether the advertising we place on the Services and other websites or mobile applications is effective.
We use Google Analytics to learn about how you and others use the Services. You can learn more about how Google uses the information it collects at: https://www.google.com/policies/privacy/partners/.
We do not currently respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. If we do so in the future, we will describe how we do so in this Privacy Policy. Visit the following website, www.allaboutdnt.org, for more information on this developing area.
Log Files
We use IP addresses to analyze trends, administer our Site, track Site user navigation and gather broad demographic information for aggregate use.
Sharing
Publix and its affiliates may release information when required to do so by law (for example, under a subpoena, court order or other regulatory requirement) or to maintain or protect the security of the Site or as necessary to protect Publix's interests.
Security
Except for the initial landing or home page of the Site, Publix uses secure connections during your access to this Site, including those pages dealing with sign-in or log-in, registration, user information and administration, and account review.