Terms of Use

Welcome to the Publix Diabetes Portal brought to you by StayWell Custom Communications! StayWell Custom Communications, LLC ("StayWell") provides this website to you on behalf of Publix Super Markets, Inc. ("Publix"), for your convenience and in order to provide you the ability to access certain health related information and services for you.

Agreement to Terms of Use
YOUR ACCESS AND USE OF THIS WEBSITE IS SUBJECT TO YOUR AGREEMENT WITH THE TERMS OF USE BELOW, ALONG WITH THE PRIVACY POLICY. BY USING THIS WEBSITE, YOU EXPRESSLY AGREE TO THE TERMS OF USE SET FORTH BELOW. THESE TERMS OF USE TOGETHER WITH OUR PRIVACY POLICY CONSTITUTE AN INTEGRATED BINDING AGREEMENT REGARDING USE OF THIS WEBSITE ("AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW. PLEASE PRINT A COPY OF THESE TERMS OF USE FOR YOUR REFERENCE.

Modifications to this Agreement
StayWell MAY REVISE THESE TERMS OF USE AT ANY TIME. AS A RESULT WE SUGGEST THAT YOU REVIEW THE TERMS OF USE ON A ROUTINE BASIS. THE NEW REVISIONS WILL BE EFFECTIVE AS OF THEIR POSTING. BY ACCESSING OR USING THIS WEBSITE AFTER SUCH REVISIONS ARE POSTED YOU AGREE AND CONSENT TO ALL SUCH REVISIONS.

No Medical Advice
THE CONTENT ON THIS WEBSITE, INCLUDING ANY INFORMATION YOU MAY RECEIVE VIA EMAIL, IN A NEWSLETTER, OR OTHERWISE AS A RESULT OF YOUR USE OF THIS WEBSITE, IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE THAT THE CONTENT IS IN NO CASE TO BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE NOR IS IT INTENDED TO BE RELIED UPON BY ANY PERSON OR ENTITY FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT. StayWell OR ITS VENDORS SHALL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CONTENT, BUT NEITHER StayWell, Publix, NOR THEIR RESPECTIVE AFFILIATES AND VENDORS GUARANTEES THE SEQUENCE, ACCURACY, OR COMPLETENESS OF THE CONTENT AND SHALL NOT BE LIABLE IN ANY WAY TO YOU, OR ANYONE ELSE TO WHOM THE CONTENT MAY BE FURNISHED, FOR ANY DELAYS, INACCURACIES, UNAVAILABILITY, ERRORS OR OMISSIONS IN THE CONTENT. SUCH CONTENT IS RELIED UPON AT YOUR OWN RISK AND SOLE DISCRETION.

Website Content and Access
StayWell reserves the right without prior notice to discontinue any services or content available on or through this website, or to otherwise change specifications at any time without incurring any obligations to any party.

Ownership
The content on this website, including without limitation the text, graphics, logos, button icons, images, video or audio clips, digital downloads, data compilations and software, is the property of StayWell or its affiliates or vendors and is protected under applicable United States and international patent, copyright, trademark and other intellectual property laws. The compilation of all content on this website, as well as the original arrangement, organization, design, formatting, trade dress, look and feel of the website is also the exclusive property of StayWell, or its respective affiliates or vendors and is also protected by United States and international intellectual property laws.

StayWell or its affiliates are the owner of the trademarks StayWell®, and StayWell Custom Communications. Other graphics, logos, button icons, and service names appearing on this website are also the distinctive and protected trademarks, service marks, or trade names of StayWell or its affiliates. This website may contain various third-party names and marks that are the property of their respective owners.

Any unauthorized use of our marks, or of our copyrighted material or trade dress or any other intellectual property is strictly prohibited and will be prosecuted to the fullest extent that the law provides.

Submissions
StayWell does not solicit any submissions from you. Should you send StayWell any website postings, feedback or data, such as ideas, comments, and suggestions or questions regarding any StayWell product or service (including this website), such information will not be given confidential treatment. Neither StayWell nor Publix will have any obligation of any kind to you with respect to any postings, feedback or data that you submit. Your submission of such postings, feedback and data affects an assignment to StayWell of such material (along with any underlying or related ideas, concepts, techniques and know-how) and you agree to assign and hereby assign all such postings, feedback and data to StayWell without charge. As the sole and exclusive owner of such postings, feedback and data, StayWell will be free to reproduce, copy, use, disclose and distribute the information to others including without limitation incorporating your postings, feedback or data (and any underlying or related ideas, concepts, techniques and know-how) into any StayWell product or service or this website without compensation to you of any kind.

License to Access
You may view, copy, print and use content contained on this website solely for your own personal use, provided that: (i) it is used for informational and non-commercial purposes only; (ii) no text, graphics or other content available from this website is modified or framed in any way; and (iii) no graphics available from this website are used, copied or distributed separate from accompanying text. The use of any content for commercial purposes is expressly prohibited. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of StayWell or any third party, except as expressly provided in this section.

You may not use, copy, modify, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, frame, hyperlink or transmit any of the content or materials of this website or rent or sell use of or access to (such as on a time share or service bureau basis) this website, or any of the content or materials on this website. You may not permit third parties to access this website or use any website content and may not make any other use of the website or any website content except as set forth in this Agreement, unless otherwise expressly agreed to in writing by StayWell.

You agree to use this website for lawful purposes only. You may not post or transmit through this website any material (i) that violates or infringes in any way upon the rights of others, (ii) that is unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, (iii) that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) that, without StayWell’s express prior approval, contains advertising or any solicitation. Any conduct by you that, in our discretion, restricts or inhibits any other person from using or enjoying this website will not be permitted.

You understand and agree that StayWell may terminate or otherwise deny your access to the website and any related content without notice in the event StayWell believes in its sole discretion that (i) you have violated a provision of this Agreement, (ii) you have used or misused this website in a manner that StayWell has determined is unlawful, unethical or otherwise inappropriate, or (iii) such action is reasonably necessary to protect a third party or StayWell or if such action is otherwise required by law.

You acknowledge and agree (i) that your use of this website is at your own discretion and risk, (ii) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (iii) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.

Other Third Party Websites
This website may contain links to, or be accessed through links on, websites managed and operated by or on behalf of third parties. These third parties are separate and independent entities and are not agents of StayWell. StayWell does not have control over such third party websites or the content of such websites. As a result, StayWell does not have responsibility for the information, misinformation, errors, availability, operation or performance of any such third party website to which this website may link or from which this website may be accessed.

Linking
If you operate another website and are interested in linking to our website, you agree to be bound by the following rules: (i) the link must be a text-only link clearly marked; (ii) the link must "point" to the URL for the home page for this website and not to any other pages; (iii) the link, and use thereof, must be in connection with a website of appropriate subject matter; (iv) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with StayWell's or its affiliates name, trademarks or services; (v) the link, and use thereof, may not create the false appearance that another entity is associated with or sponsored by StayWell or its affiliates; and (vi) the link, when activated by a user, must display this website full-screen and not with a "frame" on the linked website. StayWell reserves the right to revoke consent to the link at any time in its sole discretion, either by amending this Agreement or through other notice to you.

No Endorsements
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by StayWell. Any views expressed by third parties on this website are solely the views of such third party and StayWell assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Third-Party Intellectual Property Rights If you believe that your intellectual property rights have been infringed or otherwise violated, you must provide StayWell the following information, pursuant to Section 512 of Title 17 of the United States Code: an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work or works that you claim have been infringed; a description of the allegedly infringing material, including its location on the website; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent for notice of claims of infringement:
David D. Bennett
Senior Vice President
Interactive Solutions
StayWell Custom Communications
405 South Main Street
Suite 500
Salt Lake City, UT 84111

Warranty Disclaimer
StayWell assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any area of the website. StayWell is merely a publisher of any such content and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.

THIS WEBSITE AND ALL INFORMATION, SERVICES AND RELATED MATERIALS IT CONTAINS ARE PROVIDED " AS IS," " AS AVAILABLE " AND " WITH ALL FAULTS " . StayWell MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS WEBSITE OR THE INFORMATION OR MATERIALS IT CONTAINS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, StayWell, PUBLIX, AND THEIR RESPECTIVE AFFILIATES AND VENDORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

USE OF THE INTERNET IS INHERENTLY UNRELIABLE. AS A RESULT, NEITHER StayWell NOR PUBLIX WARRANTS THAT THE WEBSITE OR YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER StayWell NOR PUBLIX WARRANTS OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

USE OF THE INTERNET AND THIS WEBSITE IS AT YOUR OWN RISK. NEITHER StayWell, NOR THEIR RESPECTIVE VENDORS, AFFILIATES OR SUPPLIERS IS RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE, OR ANY LOSS OF DATA THAT MAY RESULT FROM USE OF THE WEBSITE OR ACCESS TO ANY CONTENT OR SERVICES.

This website may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. StayWell cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, StayWell expressly disclaims any liability for such failures.

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by StayWell on this website, but StayWell is not responsible for misprints, out-of-date information, or technical inaccuracies, typographical or other errors. Information and related materials are subject to change without notice. No advice or information from StayWell in any manner will create any warranty as to this website or any product, service or material available through this website. If for any reason you are not satisfied with this website or its content, your sole remedy is to cease using this website or such content, even if such remedy should fail of its essential purpose.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF LIABILITY
IN NO EVENT WILL StayWell, PUBLIX OR ANY OF THEIR RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO THIS WEBSITE OR YOUR USE OF THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF StayWell OR PUBLIX HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THIS WEBSITE. NOTWITHSTANDING THE FOREGOING, IN ANY EVENT, THE AGGREGATE LIABILITY OF StayWell, PUBLIX AND THEIR VENDORS FOR ANY REASON SHALL NOT EXCEED $100.00 US, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS StayWell, PUBLIX, AND THEIR RESPECTIVE VENDORS AND THEIR OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONSULTANTS, AND AGENTS FROM AND AGAINST ANY CLAIMS, ALLEGATIONS, DAMAGES, LOSSES, LIABILITIES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS' FEES) THAT SUCH PARTY MAY SUFFER OR INCUR AS A RESULT OF YOUR USE OR MISUSE OF THE WEBSITE, YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF StayWell, OR ANY OTHER PERSON OR ENTITY, OR ANY VIOLATION OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, StayWell RESERVES THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM, SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.

Disputes and Interpretation
This Agreement is governed by and interpreted under the laws of the Commonwealth of Pennsylvania and the federal laws of the United States, without regard to conflicts of laws principles. This Agreement and access to this website will be deemed to have been performed and occurred in the Commonwealth of Pennsylvania and the courts of that State will have exclusive jurisdiction to entertain any action arising under this Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of the courts of the Commonwealth of Pennsylvania, Bucks County and the Eastern District of Pennsylvania, as applicable, and waive any objections as to personal jurisdiction, venue and forum nonconviens.

In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys' fees and costs. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises. Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition.

This Agreement (which includes these Terms of Use and our Privacy Policy) is the sole set of terms governing your use and access of this website and supersedes all other agreements regarding use of the website. Any waiver of any portion of this Agreement will be effective only if in writing and signed by StayWell.

Contact Us
If you have any questions about this Agreement, please contact us at:

StayWell Custom Communications
405 South Main Street
Suite 500
Salt Lake City, UT 84111
support@staywellcustom.com