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.
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.
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.
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.
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 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.
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).
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
ATTN: Corporate Legal
PO Box 407
Lakeland, Florida 33802-0407
By e-mail: email@example.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.
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.
Copyright© 2009 Publix Super Markets Inc. All rights reserved. Any rights not expressly granted herein are reserved.
Last modified: June 23, 2009