Last Updated 06/07/2012
TABLE OF CONTENTS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically so that we may respond to your communications. We will communicate with you by e-mail or by posting notices on this Site and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Publix does not permit copyright infringing activities on its Site. Publix abides by the federal Digital Millennium Copyright Act ("DMCA") by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we will remove materials if properly notified that such materials infringe on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content on our Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by sending an e-mail to email@example.com.
Conduct and Site Security
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 will not be permitted. The Site may only be used for lawful purposes. You are prohibited from (a) accessing or using this Site in order to collect information about Site visitors or registered users of this Site, (b) violating or attempting to violate the security of the Site, or (c) using 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. Violations of system or network security may result in civil or criminal liability.
You may create a text-only hyperlink labeled "Publix Web site" to our home page only (www.publix.com). You are not permitted to use a link that "frames" our Site or that portrays Publix, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. Also, you may not use any Publix logo, graphic or trademark as part of the link without our express written permission. To request permission to use Publix's logo, graphics or trademark or please send an e-mail to firstname.lastname@example.org. Publix may revoke your right to link at any time for any reason.
Publix reserves the right, but not the obligation, to monitor areas of the Site electronically and to remove information and materials that Publix deems, in its sole discretion, to be objectionable. However, subject to the terms of our Copyright Policy, Publix expressly disclaims any obligation or warranty to screen or remove objectionable materials. 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 Site or to protect Publix's rights or property, or the rights of the other Site users, or our partners, affiliates, sponsors, providers, licensors, or merchants.
If you choose to receive any wireless or mobile marketing services, you agree to be bound by our Wireless Marketing Services Terms.
Third Party and Co-branded Sites
Publix may provide links on the Site to other web sites (including co-branded web sites) that are not under the control of Publix. Publix does not assume any responsibility for the operation, content, privacy practices of such web sites or the technology they implement. You agree that you use these web sites at your sole risk. Publix in its sole discretion may modify or remove such links at any time and without notice.
Publix may offer you the opportunity, or you may choose, to submit information or ideas to Publix or to other Site users (collectively "Submissions"). We welcome your Submissions. However, by sending such Submissions to Publix, you acknowledge that the Submissions will not be treated by Publix as confidential and you agree to grant to Publix a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any media.
ALTHOUGH PUBLIX RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED "AS IS,"
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. PUBLIX DOES NOT WARRANT THAT THE SITE OR ANY INFORMATION,
CONTENT OR SERVICES OFFERED THROUGH THE SITE, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM PUBLIX, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, PUBLIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT PUBLIX AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE
OF THE SITE OR ANY INFORMATION, CONTENT OR SERVICES OFFERED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THESE LIMITATIONS APPLY TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH ANY
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
OF 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).
You agree to hold harmless Publix and its respective shareholders, officers, directors, employees, agents, licensors and suppliers from any and all claims arising out of or related to your access or use of the Site or your inability to access or to use the Site or from any services rendered by Publix or its contractors in conjunction with the Site or your use of the Site.
Any dispute relating in any way to your visit to the Site shall be submitted to confidential binding arbitration in Tampa, Florida, except for intellectual property claims that Publix may have against you. Arbitration under this agreement shall be resolved exclusively by confidential, final, binding arbitration under the rules then prevailing of the American Arbitration Association.
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. 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.
Intellectual Property Claims by Publix
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.
Personal Information We Collect from You
You can visit our Site and our mobile site without providing any personal data to us. However, in order to take advantage of certain features, offerings, or other functions
on our Site and/or mobile site, you may be asked or required to provide personal information. For example, depending on the feature or service you wish to access, we may
collect personalized information such as name, address, e-mail address, telephone number, credit card information, household information, demographic information and/or
information about your interests (collectively referred to as "Personal Information"). You can always choose not to provide information; however, if you choose not to
provide such information, you may not be able to access or use certain Site (or mobile site) features, functions or services.
Personal Information We Collect from Other Sources
We may also receive information about you from other sources, including third parties that help us update, expand and analyze our records and identify new customers.
Usage Information We Collect
We collect additional information about how you use and access the Site ("Usage Information") to analyze trends, administer the Site, track user's navigation on the Site
and gather broad demographic information for aggregate use, which enables us to improve the Site by making it more accessible and easier to navigate.
How Do We Use Your Information
- We may use your Personal Information to deliver general promotional and marketing materials to you, via e-mail or physical mail, regarding Publix and its products and services.
- We may use your Personal Information to fulfill your requests for our products, programs, or services, to respond to your inquiries, to offer you other products, programs or services that we believe may be of interest to you, to survey you and otherwise for the purposes for which you provided the information.
- We may combine your Personal Information with information that we collect from other sources and use it for research, market studies or to enhance the products and services we provide to you.
- We do not sell or rent your Personal Information to outside parties.
- We may transfer your Personal Information to our service providers who use that information to conduct Publix business.
- We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that identifies any individual person.
- We may use your Personal Information to create personalized content, offers, services, and advertising.
- We may disclose your Personal Information when we are required to do so by any law, regulation, or court order, subpoena, law enforcement, or other regulatory requirement.
- We may disclose your Personal Information if we believe that such disclosure is necessary or appropriate to comply with applicable law, operate the Site or to protect the rights, property or safety of Publix, other Site users or others, or our partners, affiliates, sponsors, providers, licensors, or merchants, to prevent harm or loss, or in connection with an investigation of suspected or actual unlawful activity.
Options Regarding Your Personal Information
You may choose to:
- Stop receiving marketing or promotional e-mails, direct mail, phone and mobile marketing communications
- Update and correct your Personal Information
- Cancel your account or request that we no longer use your Personal Information to provide you services
To do any of these, let us know by one of these methods:
- Follow the directions in a marketing e-mail, direct mail or mobile communication that you receive from us;
- Login to your My Publix account at www.publix.com and modify your information or preferences;
- Return to the area of our Site at which you signed up for a particular program and modify your information;
- Call 800-242-1227 with your request and current contact information;
- Contact us with your request and current contact information;
Please note that it may take time to remove Your Personal Information from our databases and that you may receive communications from us until such time as it is removed.. Please note that it may not be possible to completely remove your Personal Information from our active databases, due to backups, records of deletions, and data retention requirements or policies.
Protection of Privacy of Children Younger than 13
This site does not target children under the age of 13. Although this site does not target children under the age of 13, parents may voluntarily provide certain personal information about their children through portions of the Site. Procedures with regard to the collection and use of this information can be found in our Child Privacy Notice.
Publix uses secure connections at certain times on the Site ("Secure Transactions"). Using Secure Socket Layer (SSL) technology, personal information collected during the transmission of Secure Transactions is encrypted on your computer, then sent through the Internet as jumbled code and finally decoded on either Publix's secure server or the systems of the third party processing the Secure Transaction.
CHILD PRIVACY NOTICE
At Publix, we are committed to protecting your child(ren)'s privacy. We developed this Child Privacy Notice to share with you our information collection practices and policies with regard to the personal information about your children that you provide to Publix through the Site. By using the Site, you agree to the terms in this Child Privacy Notice. This Child Privacy Notice is an online notice and applies only to the Site.
- Publix collects personal information from parents about their child(ren) through the Site in order to provide parents and child(ren) with access to the benefits that the parents have requested. You are sharing personally identifiable information with Publix when you register yourself and your child through certain portions of the Site.
- Only parents may register their children on the Site; therefore, Publix does not knowingly collect personal information from children under 13.
- When you provide personal information about yourself and your child through certain portions of the Site, that information is collected and maintained by Publix and, depending on the functionality of the service or program, by third parties under contract with Publix. Those third parties are contractually obligated to keep such personal information confidential and secure.
- Publix has created a password-protected mechanism by which parents can review their and their child(ren)'s personal information provided through the Site, revise that information, or ask to have that information deleted. Once registered, a parent is able to modify the non-optional information that was supplied through the Site.
- Please contact us if you have any questions about our Child Privacy Notice.
*You should never disclose or allow access to your password to anyone who is not authorized to access your or your child(ren)'s personally identifiable information. Passwords should be kept confidential at all times. In the interest of protecting your account security, Publix recommends that you change your password on a regular basis and immediately if you suspect that your account security has been jeopardized.
WIRELESS MARKETING SERVICES TERMS
Publix may invite you to register to receive alerts, promotions, services, news, and other information (each a "Wireless Marketing Service") via text messaging and other wireless devices such as mobile phones. Such Wireless Marketing Services are provided by Publix and/or its contractors or vendors for Publix. Wireless Marketing Services are limited to adult subscribers who reside in the United States and are void where prohibited.
If you wish to receive a Wireless Marketing Service, you must expressly consent to receive that Wireless Marketing Service from Publix as described below.
Availability. In order to receive Wireless Marketing Services, you generally must have a text messaging service plan from a participating wireless service provider. Our Wireless Marketing Services may not be available in all geographic areas or work on all mobile or wireless devices. Mobile devices that can receive text messages (SMS Service) are generally able to receive text alerts. You agree that Publix will not be liable for any delays in the receipt of any Wireless Marketing Services or related messages, as delivery depends on the effective transmission from your carrier or network operator. Please contact your wireless provider if you have questions regarding your SMS service.
Security/Delivery. You should keep in mind that most wireless transmissions are not secured. There is a greater risk that an unauthorized third party may intercept your messages or your Personal Information when you use a wireless communications device. Therefore, if you choose to sign up for any Wireless Marketing Services, you agree that Publix will not be liable to you for damages caused by a third party's interception of such items.
Potential Charges. Publix does not charge users for its Wireless Marketing Services. However, your carrier's standard message and data rates may apply. Charges may show up on your mobile bill or may be deducted from your prepaid account. By registering to receive Wireless Marketing Services, you agree that you may be charged by your wireless carrier for any messages that you send to or receive from Publix and that you are solely responsible for such charges. Under no circumstances will Publix be responsible for any wireless email or text messaging charges, whether incurred by you directly or as a result of the activity of another person with access, whether or not authorized, to your wireless device, telephone number, or email address. Please contact your wireless carrier if you have any questions about your wireless service.
Registration (Opt-in) Methods for Wireless Marketing Services. The following registration methods are provided for Publix's Wireless Marketing Services.
SMS Opt-in Method: In response to print, radio, television, Internet, or other promotional messages, you may be invited to send a specific word or code via a text message to a designated telephone number to register for the specific Wireless Marketing Service promoted. Your transmission of the designated word or code as directed constitutes your express consent for Publix to send you the corresponding Wireless Marketing Service. Publix will confirm your registration by sending a "Thank you" or other similar confirmation message.
Verbal Opt-in Method: A Publix associate may verbally ask a user if they wish to be enrolled in a text program. Upon verbal confirmation from the user, the Publix associate enters the wireless number into Publix's system. The user will be deemed to have consented to Publix's sending of wireless messages to his or her designated wireless device by verbally submitting a telephone number. The user can opt out at any time by following the instructions in the wireless messages.
Assistance. If you have any questions about your selected Wireless Marketing Service(s), you may either (a) reply "HELP" to any of our messages or (b) text "HELP" followed by the applicable word or term that describes the particular Wireless Marketing Service (for example, "HELP ASP" for information relating to At Season's Peak) to the designated telephone number or (c) contact us www.publix.com/contactus.
Termination of Wireless Marketing Services by You. To discontinue receiving any Wireless Marketing Service(s) from Publix at any time, you may either (a) reply "STOP" to any of our messages or (b) text "STOP" followed by the applicable word or term that describes the particular Wireless Marketing Service (for example, "STOP ASP" for information relating to At Season's Peak) to the designated telephone number or (c) contact us at, www.publix.com/contactus.
Termination of/Change in Wireless Marketing Services by Publix. You acknowledge and agree that Publix may, in its sole discretion and without liability to any person, terminate or modify any or all specific Wireless Marketing Services at any time without notice. In its sole discretion, Publix may announce changes in Wireless Marketing Services on this Site or elsewhere.