Terms of Use

Welcome to www.publixplan.com ("our Web site"). Publix Super Markets, Inc. and its affiliates (collectively "Publix") make this Web site available to you, subject to the following Terms of Use. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING WWW.PUBLIXPLAN.COM. By using our Web site, you agree that these Terms of Use create a legally binding agreement between you and Publix. If you do not agree to these Terms of Use, you may not use our Web site. These Terms of Use are effective unless and until terminated by Publix.

Publix reserves the right, at any time, to modify, amend, alter or update these Terms of Use. By continuing to use our Web site following such modifications, amendments, alterations or updates, you agree to be bound by such modifications, amendments, alterations or updates. Therefore, you should periodically visit this page to review our most current Terms of Use.

Please note that other Publix Web sites may be governed by separate policies. When visiting any other Publix site, please refer to its Terms of Use. In the event of a conflict between the provisions in any other Terms of Use and these Terms of Use, the more specific provision shall apply.

Privacy

Please review our Privacy Policy, which also governs your visit to this site.

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, Publix Asset Management Company 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®, Publix Legislative Action Network, and the Publix Legislative Action Network logo are the trademarks of Publix, or Publix Asset Management Company. All other designs, graphics, logos, slogans, product names and service names are trademarks or service marks of Publix or Publix Asset Management Company. All other trademarks not owned by Publix or Publix Asset Management Company or their 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. If you use this Web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

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 web site user'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, including all legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use our Web site.

All 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 your right to access our Web site 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 these Terms of Use.

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," "mail-bombing" 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 the Site contains inaccurate or incomplete information. Publix does not warrant or guarantee that the information on this Site is error-free, complete, or current. Publix reserves the right, but not the obligation, to correct errors and/or to update the content or information on this Site at any time, without notice.

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 plan@publix.com or by providing your e-mail address to us through the Contact Us page or through any other similar function or feature offered by the Web site, you are consenting to receive responses via e-mail. Please see our Privacy Policy 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, questions, 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. Unless otherwise expressly stated with respect to any Submissions by you (for example, on the “Tell Us Your View Page”), 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.

In addition, although certain features of our Web site may be used by you in generating correspondence or communications to third parties, such as government officials, whether via e-mail, U.S. mail, telephone, fax or otherwise (“Communications”), you agree and acknowledge that you are the sole publisher and author of such Communications and that you are solely responsible for all content or statements contained in such Communications. Accordingly, 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 or statements that appear in any such Communications. 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 such Communications. 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

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 Legislative Action Network Web site," (b) the link must "point" to the URL “ http://www.publixplan.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, Publix Asset Management Company and their 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, Publix Asset Management Company and their affiliates is associated with or sponsored by Publix, Publix Asset Management Company or their 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. For example, Publix provides links to state web sites that allow you to register to vote or to request an absentee ballot, as well as other general informational links.

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.

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 IS INTENDED AS AN EDUCATIONAL OR INFORMATIONAL AID ONLY. 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 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 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.

BY USING THIS WEB SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. 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.

DMCA Notice

Procedure for Making and Responding to Claims of Copyright Infringement

It is the policy of Publix to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), where applicable.

Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Publix's Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Publix's Designated Agent listed below.

To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Publix's Designated Agent that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Publix to locate the material;
Information reasonably sufficient to permit Publix to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Publix's Designated Agent for notice of claims of copyright infringement can be reached as follows:

By mail: Publix Super Markets
Corporate Office
ATTN: Corporate Legal
PO Box 407
Lakeland, Florida 33802-0407
By e-mail: john.attaway@mail.publix.com

This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site.

Upon receipt of a valid notification of alleged copyright infringement by a third party, Publix shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by Publix, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.

To be effective, a counter notification must be a written communication provided to the Publix's Designated Agent that includes the following:

A physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.

If Publix receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Publix has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Publix's system.

You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by Publix, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.

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 that might otherwise result in the application of the substantive laws of another jurisdiction.

Disputes

Any dispute relating in any way to your access to, or use of, 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, Publix Asset Management Company or its affiliates, Publix or Publix Asset Management Company 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 of any dispute or claim that arises under or relates to the Web site or these Terms of Use 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 section shall be joined to an arbitration involving any other party subject to these Terms of Use, 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

Last modified: June 23, 2009