Harveys owns or has procured licenses to display the content on the Digital Marketing Program. The collective work is the property of Harveys.
Customer Content shall not violate the law or any third-party’s rights (including, without limitation, intellectual property rights), cause injury or damage to any person or entity, or contain any objectionable material.
Harveys cannot and does not represent or warrant that the Digital Marketing Program or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE DIGITAL MARKETING PROGRAM AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIGITAL MARKETING PROGRAM (COLLECTIVELY, THE “CONTENT”) ARE PROVIDED BY HARVEYS ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DIGITAL MARKETING PROGRAM, THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT EMAILS SENT FROM HARVEYS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DIGITAL MARKETING PROGRAM IS AT YOUR SOLE RISK. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE DIGITAL MARKETING PROGRAM OR THE CONTENT INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY HARVEYS IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE DIGITAL MARKETING PROGRAM AND THE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE DIGITAL MARKETING PROGRAM, HARVEYS DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR DIGITAL MARKETING PROGRAM AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY THIRD-PARTY NAMES, MARKS, PRODUCTS, ADVERTISEMENTS, OR SERVICES OR POP-UP TEXTS OR LINKS TO THIRD-PARTY APPLICATIONS THAT APPEAR ON THE DIGITAL MARKETING PROGRAM.
By using the Digital Marketing Program, you agree to defend, protect, indemnify, and hold harmless Harveys and its Affiliates and their respective officers, directors, employees, agents, vendors, and suppliers from and against any loss, liability, claim, damage, expense (including, without limitation, reasonable attorneys’ fees and costs) arising out of or otherwise related to the use of the Digital Marketing Program.
If you believe in good faith that any part of the Digital Marketing Program or its content constitute infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows: DMCA Designated Agent, Southeastern Grocers, 5050 Edgewood Court, Jacksonville, Florida 32254. Your notice must comply with the DMCA. Upon receipt of a complaint notice, we will respond and proceed in accordance with the DMCA.
The term “Affiliates” shall mean all current or future companies or entities that now or that are in the future: (a) controlled by; (b) under common control with; or (c) controlling Harveys, wherein “control” means possession directly or indirectly of the power to direct or cause the direction of management or policies of an entity through the ownership of at least fifty percent (50%) of the voting securities, by contract, or otherwise.
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