This Publix Super Markets, Inc. ("Publix") Stockholder Online User Agreement (this "Agreement") contains the terms and conditions that govern your use of the Services, Website, and your Account (as such terms are defined below).
IF YOU ARE A NEW USER, YOU WILL CAREFULLY READ, UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE YOU CLICK "I AGREE" OR OTHER SIMILARLY WORDED ACKNOWLEDGMENT BUTTON. IF YOU HAVE ANY QUESTIONS ABOUT ANY OF THE PROVISIONS IN THIS AGREEMENT, YOU MAY CALL PUBLIX AT 1-863-688-7407, EXTENSION 52323 OR 1-800-741-4332 (OUTSIDE OF LAKELAND). YOU UNDERSTAND THAT EITHER CLICKING "I AGREE" OR USING THE WEBSITE ARE THE LEGAL EQUIVALENTS OF YOUR MANUALLY SIGNING THIS AGREEMENT AND YOU WILL BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. IF YOU ARE NOT APPLYING ONLINE, YOU UNDERSTAND THAT BY OPENING A PUBLIX STOCKHOLDER ONLINE ACCOUNT, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. NOTE THAT THIS AGREEMENT CONTAINS A WAIVER OF RIGHTS TO A JURY TRIAL OR TO PURSUE A CLASS ACTION. YOU UNDERSTAND THAT THIS AGREEMENT MAY BE AMENDED FROM TIME TO TIME BY PUBLIX, WITH REVISED TERMS POSTED ON THE PUBLIX STOCKHOLDER ONLINE WEBSITE. YOU AGREE TO CHECK FOR UPDATES TO THIS AGREEMENT. YOU UNDERSTAND THAT BY CONTINUING TO MAINTAIN YOUR ACCOUNT(S) WITHOUT OBJECTING TO ANY REVISED TERMS OF THIS AGREEMENT, YOU ARE ACCEPTING THE TERMS OF THE REVISED AGREEMENT AND YOU WILL BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS.
You promise to read this Agreement carefully and retain it for future reference. You understand that the terms and conditions of this Agreement govern the provision of the Services, including your use of the Website and all Account transactions involving your use of the Website now or in the future, beginning on the date your Account is opened.
If you determine that you are NOT willing to be bound by the terms and conditions of this Agreement, you will NOT submit an Account Application with Publix and you will cease using the Website and the Services.
Your use of the Website, the Services and your Account are subject to this Agreement. The following are also considered part of this Agreement:
In addition to this Agreement, you may have a separate agreement for your Account and the Services. Those agreements will continue to apply to each of those Accounts and Services.
The terms set forth below have the following meanings as used in the Agreement:
"Account" means the stockholder account(s) at Publix held by an Account Holder. Shares subject to an Account exclude any shares attributed to you that are held pursuant to employee benefit plans or trusts, such as shares held in your 401(k) SMART or PROFIT Plan (an employee stock ownership plan) retirement accounts.
"Account Application" means the physical or online application completed and submitted by an Account Holder to open an Account with Publix, including all information provided by the Account Holder to Publix in connection with the opening or maintenance of an Account, and any later applications submitted to Publix for additional Services or Account features.
"Account Holder" means each person in whose name(s) the Account is opened, whether in your name alone, or in your name together with one or more other(s) in which you have a beneficial interest. The singular of Account Holder where appropriate shall include the plural as the context may suggest.
"Arbitration Agreement" shall have the meaning described in Section V(d).
"Authorized User" shall mean each person designated by an Account Holder to have access to the Account, which access may include view and update access or view only access. For clarity, an Account Holder shall be considered an Authorized User for purposes of this Agreement.
"Business Day" means Monday through Friday, excluding Saturday, Sunday and federal banking holidays.
"Losses" shall have the meaning described in Section III(a).
"Password" means any authentication device (including alphanumeric or numeric codes) associated with your User ID that Publix requires for access to your Account through the Website, which Password must meet the requirements specified on the Website.
"Required Connectivity" shall have the meaning described in Section III(b).
"Services" means each of the variety of stockholder account(s) and related services offered pursuant to the Account Application that you may access or enroll in through the Website. It also may include any additional product or service offered to you pursuant to a separate agreement that incorporates this Agreement by reference.
"User ID" means the alphanumeric code that uniquely identifies you for purposes of your Account(s).
"We," "us," "our" and "Publix" means Publix Super Markets, Inc.
"Website" refers to the website accessible through https://stockholderonline.publix.com, or such other website address as may designated for the Services by Publix from time to time, which Publix provides and which allows Authorized Users to view their Account details, and interact with and use the Services, in accordance with the terms of this Agreement.
"You," or "your" means, as applicable, any one or more individual or collectively all Authorized Users as the context or usage may dictate or suggest.
You will use a User ID, Password, and/or such other security and authentication techniques as we may require from time to time, in order to access your Account through the Website. You agree that in creating your Account, if applicable, and whenever you use the Services or Website, you will provide true, accurate, current and complete information about yourself as requested and you agree to not misrepresent your identity. You certify that you are at least 18 years of age or older. Unless otherwise required by this Agreement and to the extent applicable, you agree to notify Publix of any change to the information you provide on your Account Application or any other information you provide to Publix in relation to the Services promptly, but in any event within thirty (30) days of such change. You agree to indemnify and hold Publix and its affiliates harmless from and against any and all loss, liability, cost, judgment, arbitration award, settlement, tax, penalty, action, damage, charge, expense or fee (including attorneys' fees and costs of collection) of any nature whatsoever, and claims therefore (collectively, "Losses") arising out of or relating to your failure to provide true and accurate information on your Account Application or with respect to any information that is not up to date. You further represent that no one else has an interest in your Account except you and any other Account Holder that you have previously disclosed to Publix through the Account Application.
You are responsible for the confidentiality and security of your User ID and Password. We recommend that you change your Password regularly. In the event of unauthorized use of your User ID and Password, you may be liable for resulting Losses to the extent permitted by law. You agree that you will be the only user of your User ID and Password, that you will not transfer or disclose any of this information to any other person, and that you will be responsible for all usage of the Services and any fees associated with use of other services accessed through the Services on your Account whether or not authorized by you. You agree to notify Publix immediately (via the phone number identified in the second paragraph of this Agreement) of any unauthorized access to your Account or your User ID and Password or any other breach of security associated with the Website, your Account, or the Services.
You agree and understand that you are solely responsible for obtaining and maintaining access to a suitable internet connection, telecommunications access, computer, or other electronic device or software ("Required Connectivity") that can access your Account through the Website (including the necessary equipment), and that you are responsible for all costs associated with accessing your Account through the Website. At certain times, online access to your Account may not be available due to system maintenance, a breakdown or failure in any Required Connectivity or circumstances beyond our control. Publix is not responsible for the security or availability of any Required Connectivity.
You authorize Publix to provide the Services and access to your Account through the Website. You authorize Publix to access the Services to populate your Account with Account-related information. You may access your Account at the Website to obtain information and perform transactions as authorized on the Website. To access your Account through the Website you must have a User ID, Password and the required hardware and software as described on the Website. You must also comply with any other security procedures and policies we may establish from time to time. Subject to the terms of this Agreement, you will generally be able to access the Services and your Account through the Website seven days a week, 24 hours a day. You agree to log out of the Website or otherwise secure your Account against unauthorized access whenever you finish a session.
Joint Accounts may be contemplated under your applicable employee stock purchase plan ("ESPP") account. An Account Holder may designate certain Authorized Users, which designation shall include whether such Authorized Users have both view and update access to the Account.
If there is more than one Authorized User with both view and update access to the Account, each such Authorized User agrees to be jointly and severally liable for all obligations arising under this Agreement or otherwise relating to the Account, including responsibility for any transactions or other activity undertaken through the Account or using any User ID and Password established by or for an Account Holder, regardless of which Authorized User gives such instructions, enters such orders or changes such Password. Each Authorized User with both view and update access to the Account has full authority, acting individually and without notice to any other Authorized User, to deal with Publix as fully and completely as if such Authorized User were the sole Account Holder. Each Authorized User authorizes Publix to follow the instructions of any one Authorized User with view and update access to the Account concerning any matter pertaining to the Account. This could include purchase and sale of securities, delivery of any or all securities and/or other property in the Account to any Authorized User with both view and update access to the Account or to any third party, or disbursement of any or all monies in the Account, including dividends to the extent such activities may be conducted using the Account. Publix is not responsible for determining the purpose or propriety of any instruction received from any Authorized User with view and update access to the Account as against any other Authorized User with or without view and update access to the Account, or of any disposition of payments or deliveries of securities and/or other property between or among Authorized Users. At its sole discretion, Publix reserves the right to require written instructions from one or all Authorized Users. If Publix receives instructions from any Authorized User that, in Publix’s opinion, conflict with instructions received from any other Authorized User, Publix may comply with any of these instructions or advise each Authorized User of the apparent conflict and take no action as to any of these instructions until it actually receives and has a reasonable amount of time to act on satisfactory instructions from any or all of the Authorized Users.
In the event of a dispute between or among Authorized Users of which Publix has notice, Publix reserves the right, but is not obligated, to place restrictions on an Account. For example, if an Authorized User requests a restriction be placed on access to funds in the Account because of a pending litigation or dispute between Authorized Users, Publix may prohibit all changes to the account and may prohibit or suspend all payments or transfers of shares, funds or other property to or from the Account with such restrictions to remain in place until Publix actually receives and has a reasonable amount of time to act on appropriate court documentation or a written, notarized instruction signed by all Authorized Users. Publix also may, at the expense of the Authorized Users, commence or defend any action or proceeding for or in the nature of interpleader to have the dispute resolved judicially. If a suit or proceeding for or in the nature of interpleader is brought by or against it, Publix may deliver the Account into the registry of the court, at which time Publix will be deemed to be and will be released and discharged from all further obligations and responsibilities under this Agreement.
Each Authorized User agrees that, on the death or disability of any other Authorized User, divorce of a married Authorized User, or other event that causes a change in ownership or capacity with respect to the Account, the remaining Authorized User(s) will immediately give Publix official written notice of such change of ownership or capacity. Publix will not be responsible for any transfers, payments or other transactions in the Account made at the direction of a former Authorized User or incapacitated Authorized User before Publix actually received and, if necessary. had a reasonable amount of time to act on such official written notice. Following receipt of such official written notice, Publix may require additional documents and reserves the right to retain such assets and/or restrict transactions in the Account as it deems advisable in its sole discretion to protect itself against any Losses. Any former Authorized User having both view and update access to the Account and the estate of any deceased or incapacitated Authorized User having both view and update access to the Account will remain jointly and severally liable for any Losses in the Account arising out of or relating to transactions initiated before Publix actually received and had a reasonable amount of time to act on such official written notice.
Publix is not required under the Agreement to notify other Authorized Users of the actions taken by any one Authorized User with view and update access to the Account. Each Authorized User agrees that notice provided to the Account Holder will be deemed to be notice to all Authorized Users for all purposes.
If a correct Taxpayer Identification Number is not provided to Publix, you understand you may be subject to backup withholding tax at the required rate on all dividends and gross proceeds on sales of securities paid to you. Backup withholding taxes are sent to the IRS and cannot be refunded by Publix. You further understand that taxes will not be withheld unless backup withholding applies. If you fail to pay sufficient estimated taxes to a taxing authority, you will be responsible for paying all taxes due to such taxing authority and may be subject to tax penalties.
Without abrogating any of Publix’s rights under this Agreement and subject to the terms of any applicable law and subject to prior satisfaction of any indebtedness you may have to Publix, you are entitled to withdraw securities from your Account. Upon paying any applicable fees (as described on the Website), when you properly withdraw your securities you will receive either a physical certificate representing your Publix securities if Publix is then issuing physical certificates, or a statement reflecting that your Publix securities are held in book-entry form. Please note that Publix may from time to time, in accordance with its bylaws and Florida law, require newly issued shares to be held in book-entry form only, in which case, physical certificates will not be available.
Except for securities and/or other property in retirement Accounts and subject to applicable law, you agree that all securities and/or other property held in your Accounts and all rights, whether due or not, that you may have against Publix will be subject to a first, perfected and prior lien, security interest and right of set-off and held as security by Publix or its affiliates for the discharge of any indebtedness or obligation you may have to Publix, however such obligation may have arisen. Except for securities and/or other property in retirement Accounts, you understand that Publix, to the extent permitted by law, may at any time and without giving you prior notice, use, liquidate and/or transfer any or all securities and/or other property to satisfy any indebtedness or obligation to Publix, however such obligation may have arisen. In the event of a breach or default by you under this Agreement, Publix will have the rights and remedies available to a secured creditor under all applicable laws in addition to the rights and remedies provided in this Agreement.
You further agree that if: (i) you default on any of your obligations under this Agreement, (ii) you become bankrupt, insolvent or subject to a similar condition or subject to any bankruptcy, reorganization, insolvency or other similar proceeding, or (iii) Publix, in its discretion, deems it advisable for its protection, Publix may, at any time and without prior notice to you: (a) cancel, terminate, accelerate, liquidate and/or close out any or all agreements or transactions between you and Publix or otherwise relating to the Account and calculate damages in a manner it believes appropriate, (b) pledge, transfer or sell any securities and/or other property in the Account (including those Accounts held by you with affiliates of Publix) or any other Account in which you have an interest, either individually or jointly with others (but excluding any retirement Accounts), or (c) take any other action as Publix, in its discretion, deems appropriate with respect to any of the foregoing and apply the proceeds to the discharge of the obligation. In pursuing the remedies available to it, Publix may, without limiting its rights under this paragraph, set off amounts that you owe to it against any amounts that it owes to you and you will remain liable for any deficiency. You agree to indemnify and hold Publix and its affiliates harmless from and against any Losses incurred in connection with enforcing its lien or any other remedies available to it. In enforcing its rights hereunder, Publix may act in its discretion without regard to any tax or other consequences that you may face as a result of such actions.
You understand that, Publix may place trading, disbursement, service or other restrictions on your Account for reasons including Company policy, applicable law, court order, tax levy, request of a government agency or law enforcement authority, or deficiency in your Account, or in the event of a dispute between joint Account Holders. You understand that Publix may be required or permitted to liquidate, transfer or close out securities and/or other property in your Account to satisfy a court order, tax levy, escheatment or other legal obligation. Publix will not be held liable for any Losses that arise out of or relate to any such transaction and you agree to indemnify and hold Publix and its affiliates harmless from and against any Losses they may incur in taking such actions. You understand that Publix may refuse for any reason to accept share certificates or other evidence of ownership for your Account.
The alerts option on the Website lets you receive certain informational and/or actionable messages about your Account. Depending upon the contact information you provide Publix and the communications any applicable preferences you may have registered, you may receive alerts through email message(s), text message(s), push notification(s), and/or by other means. You have to be enrolled in the Service to use alerts. Receipt of alerts may be delayed or prevented by factor(s) affecting your internet/phone provider or other relevant entities. Publix is not liable for Losses arising from (i) non-delivery, delayed delivery, or wrong delivery of any alert; (ii) inaccurate alert content; and (iii) your use or reliance on the contents of any alert for any purposes. The information in any alert may be subject to certain delays. Publix may terminate your use of alerts at any time without notice. You agree that each alert may not be encrypted, and may include your name and information pertaining to your account(s).
If you violate any terms of this Agreement (including non-payment of fees under any applicable fee schedule) or any other agreement you have with Publix, you agree that we may suspend or terminate your access to your Account and Services with or without prior notification. If you close your Account and terminate the Services, or withdraw from the Services, we may suspend or terminate your Website access without prior notification. If you close your Account, you could also lose access to the Services, and we may terminate your access to the Services. We are not required to reinstate or re-activate your access. If you have no Account linked to the Services, or don’t use the Services for a period of 18 consecutive months, we may at our discretion terminate your access without prior notification. The terms and conditions of this Agreement will survive termination of your Account and will continue to apply to any disputed or other remaining matters involving your relationship with Publix. After the termination of your Account, you will remain liable to Publix for payment of any indebtedness or obligation to Publix.
Publix will provide you with any and all notices and other communications relating to your Account, including privacy notices, prospectuses and, where required by applicable laws and regulations, any proxy materials, annual reports, notices of meetings and any other material by sending such notices and other communications to the postal or electronic address you have specified. Such notices will be deemed to constitute good and effective delivery to you when sent by Publix whether or not actually or timely received or accessed, unless Publix receives actual notice to the contrary (by rejected email delivery notice, returned mail from the U.S. Postal Service or the like). You are responsible for reading the notices posted to the electronic message box for your Account on the Website and for notifying Publix immediately of any change to the postal or electronic address specified. Notices and other communications may also be provided to you orally. Such notices left on an answering machine, or otherwise, will be deemed to have been delivered whether actually received or not. You waive all claims resulting from any failure to receive the notices and communications specified in this Section.
You shall (i) not use the Services, your Account, or the Website for any illegal purposes; (ii) comply with all regulations, policies and procedures of networks through which you access and use the Services, your Account, or the Website; (iii) not use the Services, your Account, or the Website for any activity or use that may disrupt the Services or the Website or the networks through which you access or use the Services or the Website; (iv) not impersonate or attempt to impersonate another person or entity when using the Services or the Website; (v) not introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material to our systems; and (vi) not access or attempt to access any Services or account for which you have no access authorization, or duplicate, modify, distribute or display any of the data or files from any such account.
To the fullest extent permitted by law, we make no warranties of any kind for the Services, your Account, or the Website, either express or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. We do not warrant that the Website or Services will be uninterrupted or error free, that defects will be corrected, or that our Website that makes the Services available is free of viruses or other harmful components. You agree and understand that Publix makes no warranties as to the accuracy, completeness, availability, or timeliness of information provided via the Services or Website.
In no event will Publix or any of its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or third-party service providers be liable or have any responsibility whatsoever for any consequential (including without limitation, loss of data, files, profit or goodwill or the costs of procurement of substitute goods or service), indirect, incidental, special or punitive damages, whether in an action under contract, negligence or any other theory, arising out of or in connection with this Agreement, the Services, your Account, the Website, or the inability to use the Services or access your Account, even if advised of the possibility of such damages. Some states may prohibit the limitation of liability for consequential or incidental damages. In those states the limitation of liability with respect to consequential or incidental damages (or other damages specified by law in such state) may not apply.
Except as specifically provided in this Agreement or otherwise required by applicable law, we (and our service providers or other agents) will not be liable for (i) any loss or liability you may incur resulting in whole or part from any failure or misuse of (a) your equipment, or (b) software provided by an external company such as an Internet browser provider, an Internet access provider, an online service provider or an agent or subcontractor of any of them; or (ii) any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to the Website, the Services or your Account. Publix does not make any representation that any content or use of the Website, the Services or your Account is appropriate or available for use in locations outside of the continental United States, Alaska or Hawaii.
We will not be obligated to honor, in whole or in part, any transaction or instruction which (i) is not in accordance with any term or condition of this Agreement or any other agreement applicable to the relevant Account; (ii) we have reason to believe may not be authorized by you or any other person whose authorization we believe is necessary or involves funds or other property subject to a hold, dispute, restriction or legal process we believe prevents the transaction or instruction; (iii) would violate (a) any applicable provision of any risk control program of the FDIC, Federal Reserve or the Office of the Comptroller of the Currency, or (b) any applicable rule or regulation of any other federal or state regulatory authority; (iv) is not in accordance with any other requirement of our policies, procedures or practices; or (v) we have other reasonable cause not to honor for our or your protection.
In no event will Publix be liable for any failure of availability or performance due to scheduled system maintenance or circumstances beyond our control (such as power outage, computer virus, system failure, fire, flood, earthquake, or extreme weather).
You agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from all Losses arising from any and all third-party claims, liability, damages, and/or costs (including but not limited to reasonable attorneys’ fees) arising from or relating to (i) any claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other materials submitted by you to us; (ii) any fraud, manipulation, or other breach of this Agreement; (iii) your violation of any law or rights of a third party; or (iv) the provision of the Website and/or Services or use of them by you or any third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any action or claims on our behalf without our prior written consent. This indemnification is provided without regard to whether our claim for indemnification is due to the use of the Services by you or your authorized representative.
This section constitutes the arbitration agreement between you and us and includes a mutual waiver of rights to a jury trial, and of class action rights ("Arbitration Agreement").
If you have a dispute with us, and it cannot be resolved informally, you and we agree that any dispute between or among you and us, regardless of when it arose, will be resolved by the following arbitration process. You understand and agree that you and we are each waiving the right to a jury trial or a trial before a judge in a public court. As an exception to this Arbitration Agreement, both you and we retain the right to pursue in small claims court in the state where you reside any dispute that is within that court’s jurisdiction. This Arbitration Agreement will apply only to disputes in which either you or we seek to recover an amount of money, not including attorneys’ fees and costs, which exceed the jurisdictional dollar limit of the appropriate small claims court.
A "dispute" is any unresolved disagreement between or among you and us. It includes any dispute relating in any way to your Account and/or the Services. It includes claims based on broken promises or contracts, torts (injuries caused by negligent or intentional conduct) or other wrongful actions. It also includes statutory, common law, and equitable claims. A dispute also includes any disagreement about the meaning of this Arbitration Agreement, and whether a disagreement is a "dispute" subject to binding arbitration as provided for in this Arbitration Agreement.
Binding arbitration is a means of having an independent third party resolve a dispute without using the court system, judges or juries. Either you or we may require the submission of a dispute to binding arbitration at any reasonable time notwithstanding that a lawsuit or other proceeding has been commenced. If either you or we fail to submit to binding arbitration following a lawful demand, the one who fails to so submit bears all costs and expenses (including attorneys’ fees and expenses) incurred by the other compelling arbitration.
This Arbitration Agreement includes a mutual waiver of class action rights. That means that neither you nor we will be entitled to join or consolidate disputes by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Each arbitration, including the selection of the arbitrator will be administered by the American Arbitration Association (“AAA”), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (“AAA Rules”). To the extent that there is any variance between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement will control. Arbitrator(s) must be a member of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the dispute.
You and we each agree that in this relationship (i) you and we are participating in transactions involving interstate commerce; (ii) each arbitration is governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that Act is inapplicable, unenforceable or invalid, the laws governing the relationship between you and us about which the dispute arose.
To find out how to initiate arbitration, please call any office of the AAA or visit the AAA website at www.adr.org.
This Arbitration Agreement and the exercise of any of the rights you and we have under this Arbitration Agreement do not stop you or us from exercising any lawful rights to use other remedies available to preserve, foreclose, or obtain possession of real or personal property; exercise self-help remedies, including set-off and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or court appointment of a receiver by a court having jurisdiction.
You and we each agree to take all steps and execute all documents necessary for the implementation of arbitration proceedings. The arbitrator may hear and rule on appropriate dispositive motions as part of the arbitration proceeding, such as motions for judgments on the pleadings, summary judgment, or partial summary judgment. The AAA, the arbitrators, you and we, must, to the extent feasible, take any necessary action to ensure that an arbitration proceeding, as described in this Arbitration Agreement, is completed within 180 days of filing the dispute with the AAA. These parties must not disclose the existence, content, or results of the arbitration, except for disclosures of information required in the ordinary course of business or permitted by applicable law or regulation. This provision will be liberally construed in order to ensure the enforcement of this Arbitration Agreement. Arbitration proceedings are conducted in the state where you reside or at a location determined by the AAA.
All statutes of limitations applicable to any dispute apply to any arbitration between you and us. The provisions of this Arbitration Agreement will survive termination, amendment, or expiration of your Account relationship or the governing Agreement or any other relationship between you and us. This Arbitration Agreement constitutes the entire agreement between you and us and supersedes all prior arrangements and other communications concerning dispute resolution. If more than one arbitration agreement entered into by you and us is potentially applicable to a dispute, the one most directly related to the Account or transaction that is the subject of the dispute will control.
You must pay the applicable AAA filing fee when you submit a written request for arbitration to the AAA. The AAA’s filing fee and administrative expenses for an arbitration on documents alone without oral hearing, will be allocated according to the AAA’s Rules, except that for claims of less than $1,000.00, you will only be obligated to pay a filing fee of $15.00 and we will pay all of the AAA’s other costs and fees. At your written request, we will temporarily advance up to $500.00 towards the filing, administrative, and/or hearing fees for any dispute in excess of $1,000.00 which you may have filed against us, after you have paid an amount equivalent to the fee, if any, for filing a claim for such a dispute in state or federal court (whichever is less) in the judicial district in which you reside. However, if you elect an in-person arbitration process, you must pay your share of the higher administrative fee and the additional costs for this process. At the conclusion of the arbitration, the arbitrator will decide who will ultimately be responsible for paying the filing, administrative, and/or hearing fees in connection with the arbitration including, but not limited to, those costs and fees paid by us on your behalf. Unless inconsistent with applicable law, you and we will each bear the expense of our own attorneys’, experts’, and witness fees, regardless of who prevails in the arbitration.
Your Account may be subject to U.S. economic sanctions and embargo laws. You represent that you have not been designated by the U.S. Department of Treasury's Office of Foreign Assets Control (“OFAC”) as a Specially Designated National or blocked person, you have no reason to believe that you would be considered a blocked person by OFAC and you do not reside in a restricted country. You also represent that you are not employed by, acting as agent of, or partially owned or controlled by a government, a government-controlled entity or a government corporation. You understand that if your application is deemed to fall under OFAC guidelines, your Account may be declined or restricted from certain activity.
You understand that Publix may change any of the terms and conditions of this Agreement and/or eliminate any term or condition any time. Publix reserves the right, but does not intend to follow it as a matter of course, to notify you of modifications to the Agreement by mailing or emailing a written notice or new Agreement to you. You understand that the normal method of notifying you of modifications to the Agreement will be to post the information on the Website. You also agree that Publix may change the Services any time and that it is not obligated to provide you with notice of such a change.
You agree that use of the Services after a change or notice of a change to this Agreement, or if you do not close your Account within fifteen (15) calendar days of the change to the Services or notice of a change to the Agreement, means that you accept the change, whether or not you actually know of it, except that changes required by law will be effective immediately.
If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination will not affect the validity of the remaining provisions of this Agreement. Except as specifically permitted in this Agreement, no provision of the Agreement can be, nor will it be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized officer of Publix.
Publix’s failure to insist on strict compliance with this Agreement or any other course of conduct on its part will not be deemed a waiver of Publix’s rights under this Agreement.
This Agreement will pass to the benefit of Publix and its successors, assigns and agents. In addition, you hereby agree that this Agreement and all the terms hereof, will be binding on your heirs, executors, administrators, personal representatives and any assigns permitted by Publix.
You agree and hereby irrevocably appoint Publix, with full power as your true and lawful attorney-in-fact, to the full extent permitted by law, for the purpose of carrying out the provisions of this Agreement and taking any action and executing any instrument that Publix deems necessary or advisable to accomplish the purposes of this Agreement.
If you are a natural person, you represent that you have attained the age of majority and have the legal capacity to enter into this Agreement and perform your obligations under it. If you are a legal entity, including a corporation, partnership, estate or trust, you represent that you have all necessary power and authority to execute and perform this Agreement and that the execution and performance of this Agreement will not cause you to violate any provisions in your charter, by-laws, partnership agreement, trust agreement or other constituent agreement or instrument. You further represent that this Agreement, as amended from time to time, is your legal, valid and binding obligation, enforceable against you in accordance with its terms.
The heading of each provision of this Agreement is for descriptive purposes only and will not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.
This Agreement, all other written agreements and terms contained on statements and confirmations contain the entire understanding between Publix and you as it relates to the subject matter covered by this Agreement. Furthermore, except as specifically provided in this Agreement with respect to any separate agreements for your Account and the Services, (i) this Agreement supersedes any previous agreements that you have made with Publix individually or with any Account Holder with regard to your Account, and (ii) if the Account is held jointly, it supersedes any previous agreements made by the same parties to this Agreement. In the event of a conflict between this Agreement and any separate agreements for your Account and the Services, the terms that are most favorable to Publix will prevail. Publix may assign its rights and duties under this Agreement to any of its successors, subsidiaries or affiliates without giving you notice, or to any other entity on prior written notice to you. You may not assign the rights and obligations under this Agreement without first obtaining the prior written consent of Publix. Any purported assignment in violation of this Agreement will be void.
You understand that this Agreement will be deemed to have been made in the State of Florida and will be construed, and the rights and liabilities of the parties determined, in accordance with the internal laws of the State of Florida.
Your intentional action in electronically signing this Account Application is valid evidence of your consent to be legally bound by this Agreement and by other documentation submitted in the Account Application process or governing your relationship with Publix. You acknowledge that you may access and retain a record of the documents that you electronically sign through the Website. You are solely responsible for reviewing and understanding all of the terms and conditions of these documents. You accept as reasonable and proper notice, for the purpose of any and all laws, rules and regulations, notice by electronic means, including, the posting of modifications to this Agreement on the Website.
The electronically stored copy of this Agreement is considered to be the true, complete, valid, authentic and enforceable record of the Agreement, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. You agree to not contest the admissibility or enforceability of Publix’s electronically stored copy of the Agreement in any proceeding arising out of the terms and conditions of the Agreement. If more than one individual has electronically signed this Agreement, our obligations under this Agreement will be joint and several and identical to the obligations of joint Account Holders that have signed a paper Agreement.
Other than your personal account information, all content included or available through the Services and Website, such as advertisements, text graphics, logos, button icons, images, audio clips, and software, is the property of Publix, and/or third parties and is protected by copyrights, trademarks, or other intellectual and proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all content on the Website or available through the Services is the exclusive property of Publix and/or its licensors and is protected by copyright or other intellectual property rights. Nothing contained on the Website or made available via the Services or Account should be construed as granting by implication or otherwise any license or right to use any intellectual property without the express written permission of Publix, or the third party which has rights to such intellectual property, as appropriate.
Unless applicable law states otherwise, when we need to provide you with information in writing, we can send it electronically, either:
We may phone you or send you text messages. You consent to our leaving prerecorded/artificial voice messages and using an automatic telephone dialing system to call or text your mobile/cellular telephone number. Our calls and text messages to your mobile/cellular telephone numbers could result in charges to you. We will not use an automatic telephone dialing system to make telemarketing calls or send marketing text messages to your mobile/cellular telephone numbers, and will not use an artificial or prerecorded voice to deliver telemarketing messages to your mobile/cellular telephone or wired residential telephone.
Unless otherwise prohibited by the laws governing your Account, the Website or the Services, if two or more separate Account-related information documents are returned or, in the case of electronic notifications, one or more notices are returned as undeliverable, we can stop sending Account-related information or electronic notifications to you until you provide a valid postal or email address to us.
We may also:
If we hold Account-related information for you to pick up and it remains unclaimed for 60 days, we may send the Account-related information to the address reflected in our records for your Account or destroy it.
This Agreement will be in effect from the date your Account is opened and at all times while you’re using the Website or the Services. Unless otherwise required by applicable law, you or Publix may terminate this Agreement, in whole or in part, at any time, without notice. The termination of this Agreement will not end your obligations or Publix’s rights under this Agreement before the termination. All applicable provisions of this Agreement will survive termination of this Agreement, including, without limitation, (i) proprietary rights; (ii) warranty disclaimers; (iii) limitations of liability; and (iv) indemnification.
YOU ACKNOWLEDGE THAT YOU ALONE ARE RESPONSIBLE FOR DETERMINING THE SUITABILITY OF YOUR INVESTMENT CHOICES IN LIGHT OF YOUR PARTICULAR CIRCUMSTANCES. YOU UNDERSTAND THAT PUBLIX ASSUMES NO RESPONSIBILITY FOR SUCH DETERMINATION. As a self-directed investor, you assume full responsibility for each and every transaction in or for your Account and for your own investment strategies and decisions. You understand and agree that Publix and its affiliates will have no liability whatsoever for the results of your investment strategies, transactions and decisions.
Where and to the extent the Website enables transactions in Publix securities, the following provisions shall apply:
All orders for the purchase, sale or transfer of Publix securities and/or other property given for your Account will be authorized by you and executed in reliance on your promise that an actual purchase, sale or transfer is intended. It is your intention and obligation to deliver securities and/or other property to cover long positions and to pay for purchase transactions immediately on Publix’s demand. You understand Publix may at any time, in its sole discretion and without prior notice to you, prohibit or restrict your ability to trade or transfer Publix securities. You further agree not to allow any person to initiate or attempt a transaction in your Account unless such person is an Authorized User with the requisite access to the Account.
All transactions in your Account will be subject to the constitution, rules, regulations, customs and usages of the exchange or market, and its clearinghouse if any, where such transactions are executed by Publix or its agent, if applicable. Where applicable, such transactions will be subject to the provisions of the Securities Act of 1933, the Securities Exchange Act of 1934, and the rules and regulations of the U.S. Securities and Exchange Commission, the Board of Governors of the Federal Reserve System and any applicable self-regulatory organization. In no event will Publix be obligated to effect any transaction it believes would violate any federal or state law, rule or regulation or the rules or regulations of any regulatory or self-regulatory body.
Unless otherwise specified in writing, Publix does not and will not provide you with any legal, tax, estate planning or accounting advice. Publix does not and will not provide you with any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter. Unless otherwise specified, any information provided by Publix will not be used or considered by you as a recommendation that you buy, sell or hold a particular security or pursue any particular investment strategy. If you choose to rely on such information, you do so solely at your own risk.
It is your responsibility to review all confirmations or certificates received for transactions immediately on receipt, whether provided to you electronically, by postal mail or otherwise. You will notify Publix of any objection to the terms of a confirmation or certificate within two (2) days after your receipt of the confirmation or certificate. Publix is entitled to treat the terms of the confirmation or certificate as accurate and conclusive unless you object within two (2) days of receipt. In all cases, Publix reserves the right to determine the validity of your objection. If you object to a transaction for any reason, you understand that you will attempt to limit any Losses that may result from such transaction. You understand and agree that unless you take such action to limit Losses, you will bear sole responsibility for any and all further Losses that may occur thereafter, even if your objection to the initial transaction is ultimately determined to be valid.
You agree that Publix is not obligated to provide you with any transaction status report other than the official confirmation. Publix may provide electronic or other transaction status reports as a courtesy only, but Publix does not guarantee the accuracy or timeliness of such interim transaction status reports and will not be liable for any Losses arising out of or relating to delayed issuance or failure to issue an electronic or other trade status report, or from errors in such reports that are subsequently corrected by Publix in official confirmations.
It is your responsibility to review all Account statements promptly on receipt, whether delivered to you electronically, by postal mail or otherwise. You will notify Publix of any objection (including any claim of improper transfers, omissions, check alterations, forgeries, other errors or fraudulent occurrences) to the information contained in your Account statement or on your certificate (excluding securities transactions, which are covered by transaction confirmations as stated above) within five (5) days after your receipt of the statement. Publix is entitled to treat the information contained in the Account statement as accurate and conclusive unless you object within five (5) days of receipt. In all cases, Publix reserves the right to determine the validity of your objection to the information contained in the Account statement.
By using the Online Services, you consent to this Policy and to our information collection, use and disclosure practices that are consistent with this Policy.
We collect information that you provide to us. When you access or use the Online Services, you may provide information to us and our service providers in various circumstances, such as during account registration, when you conduct transactions on the Publix Stockholder Online website, and when you update your account information. The information you provide may include, but is not limited to, your name, address, email address, and other contact information; financial account information; information about your beneficiaries; and your communications preferences.
We collect some information automatically. When you access or use the Online Services, we and our service providers may collect certain information automatically. That information may include, but is not limited to, your IP address, your general geographical location, your browser type, your device type, unique identifiers associated with your device, information about your device’s operating system, the content you view and features you access on the Online Services, transaction information, and search terms that you may enter on the Online Services. We may collect such information through cookies, beacons, and other technologies, as described further below.
Beacons (also called “pixels” and “pixel tags”) are small blocks of code integrated into webpages, apps, and online ads that can retrieve information about your device and browser.
We use these and similar technologies for various purposes, including but not limited to, remembering you and your preferences when you access the Online Services, personalizing and improving your interactions with the Online Services, maintaining the security and integrity of the Online Services, detecting potential fraud, improving the content and features available on the Online Services, and learning about how you and others access and interact with the Online Services and our electronic communications.
You may be able to set your browser to reject browser cookies. However, if you choose to reject cookies, the Online Services may not function as intended and you may not be able to access your accounts online. Some internet browsers provide cookie management tools, such as the ability to delete or reject cookies. We recommend that you refer to information supplied by browser providers for more specific information, including how to use these tools.
We may collect information related to you from publicly available or commercial sources and combine that information with the information described above.
In addition to the uses described above, we use the information we collect for various purposes, including, but not limited to: providing you with the information and services you request; facilitating transactions related to the accounts you are authorized to access; communicating with you; improving the Online Services; complying with applicable laws and regulations; detecting and preventing fraud; protecting our rights, your rights, and the rights of others; operating, maintaining, and securing the Online Services; and managing your account.
We may share information in order to provide you with the services you have requested, and we may share information with our service providers such as data processors and companies that help us provide products and services to you. We do not rent or sell your personal information to third parties for their own use except where we have your consent or as may be disclosed in this Policy or at the time of collection. We may disclose your information to third parties when required by law or regulation and when we have a good belief that such sharing is reasonably necessary to protect the legal rights, safety, or security of Publix, our business partners, our service providers, you, or others. We may share information to respond to and resolve claims or complaints; to prevent fraud; to comply with or respond to legal process, law enforcement requests, or requests for cooperation from third parties. We may allow some third parties that provide analytics, security, or user measurement services to monitor how you interact with the Online Services. Those third parties may collect information about your online activities over time and across third-party services.
We may share information that does not reasonably identify you, your financial accounts, other account holders, or authorized users of the Online Services with any third party.
Service providers are those companies that provide services to us in connection with the operation of the Publix Stockholder Online website (e.g., web hosting and mailing services). Our service providers agree to use the information they receive solely in furtherance of our operations.
If we make changes to this Policy, we will post an updated version here and revise the “Effective date” posted at the top of this Policy. We may notify you of certain changes by sending an email to the address you have provided to us. Your use of the Online Services following the update to the Policy means that you accept the updated Policy.
If you have any questions or comments about this Policy or the Online Services, please contact Publix stockholder services at P.O. Box 32040, Lakeland, FL 33802-2040.