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Terms of Use


Terms of Use

Welcome to the Publix Purchasing Web site ("our Web site"). Publix Super Markets, Inc. ("Publix") and its affiliates make our Web site available to you, subject to the following Terms of Use. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING PUBLIX.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.

Publix reserves the right, at any time, to modify, amend, alter or update these Terms of Use, and by using our Web site, you agree to be bound by such modifications, amendments, alterations or updates. Therefore, you should periodically visit this page to review our most current practices. Please note that other Publix Web sites may be governed by separate policies. When visiting any of our other sites, please refer to its Terms of Use.


Privacy

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

Copyright

Our Web site, in its entirety, including all site design, text, interfaces, logos, button icons, images, audio or video clips, software and the selection and arrangements of said elements is the sole property of Publix or its affiliates and content suppliers and protected by United States and international copyright laws. All software used on our Web site is the property of Publix or its software suppliers (or is used under license from the owner) and is protected by United States and international copyright laws.

Trademarks

The trademarks Publix®, Where Shopping is a Pleasure®, Publix Baby Club®, Publix Family Style®, PublixDirectsm, publix.comsm and publixdirect.comsm are the trademarks of Publix and/or its affiliates. All other Publix graphics, logos and service names are trademarks of Publix. All other trademarks not owned by Publix or its affiliates that appear on our Web site are the property of or are used under license from their respective owners, who may or may not be affiliated with, connected to or sponsored by Publix or its affiliates.

Using Our Web Site

Our Web site is designed for use by suppliers and potential suppliers interested in conducting business with Publix. Our Web site or any portion of our Web site may not be reproduced, duplicated, copied, transmitted, 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 must include the appropriate Publix copyright notice.

Except as specifically permitted by these Terms of Use, using our Web site does not confer, by implication, estoppel or otherwise, any ownership right 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. 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 service in its sole discretion, including, without limitation, if Publix believes that a customer's conduct violates applicable law or these Terms of Use or is harmful to the interests of Publix or its affiliates.

Conduct

Any conduct by you that, in our sole discretion, restricts or inhibits any other person from using or enjoying 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"). Violation of any of the robot access policies may result in termination of your access to our Web site, preclusion of any further access to such files or our Web site, without prior notice. 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.

E-mail

By using this Web site, you are consenting to receive e-mail from us. Please see our Privacy Policy for further information.

Posting to Our Web Site

Some portions of our Web site may offer the opportunity for viewers of our Web site to post or exchange information and materials with Publix or one another. 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 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. 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 copyright-able 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 (individually, a "Work" and collectively, the "Works"), you will be deemed to have: (a) granted Publix an exclusive, 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) agreed to waive 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.

Links

You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be a text-only link, marked "Publix Web site," (b) the link must "point" to the URL "http://purchasing.publix.com" and not to other pages, graphics or images within our Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the name and trademarks of Publix and its affiliates, (d) the appearance, position and other aspects of the link may not create the false appearance that any person or entity other than Publix and its affiliates is associated with or sponsored by Publix or its affiliates, (e) the link, when activated by a user, must display our Web site on a full screen and not within a "frame" on the linking Web site, and (f) 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. 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.

Disclaimers

YOU ACKNOWLEDGE THAT THE INFORMATION ON OUR WEB SITE IS PROVIDED "AS IS." 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, YEAR 2000 COMPLIANCE, AND IMPLIED WARRANTIES ARISING FROM COURSES OF DEALING OR COURSE OF PERFORMANCE. PUBLIX AND ITS AFFILIATES WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES RESULTING FROM OR CAUSED BY YOUR USE OF OUR WEB SITE, OUR WEB SITE'S CONTENT, AND ANY SERVICES OR PRODUCTS DELIVERED AS A RESULT OF YOUR USE OF OUR WEB SITE.

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. In no event will Publix, its affiliates or the contributors of content to our Web site be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including, but not limited to, the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from our Web site to either a foreign national or a foreign destination in violation of such laws.

Applicable Law

Our Web site is created and controlled by Publix in the State of Florida, U.S.A. As such, you agree that the substantive laws of the State of Florida will govern the interpretation and enforcement of these Terms of Use, without giving effect to any principles of conflict of laws which might otherwise result in the application of the substantive laws of another jurisdiction.

Disputes

Any dispute relating in any way to your visit to our Web site shall be submitted to confidential binding arbitration in Tampa, Florida, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Publix or their affiliates, Publix may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. In such case, you agree and hereby submit to the exclusive personal jurisdiction and venue in the United States District Court for the Middle District of Florida. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

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.

E-mail

Please let us know if you have any questions about, or would like a copy of, our Terms of Use. A copy will be provided to you free of charge. Simply send us an e-mail.

COPYRIGHT NOTICE

Copyright© 2004 Publix Super Markets, Inc. All rights reserved. Any rights not expressly granted herein are reserved.

Last modified: 09/2004

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