Welcome to Harveys! These Terms of Use apply to your use of this Website www.harveyssupermarkets.com , Harveys’s mobile applications, Harveys’s social media, Harveys’s loyalty programs, and all other places where these Terms of Use appear or are linked (collectively, the “Digital Marketing Program”). For the purpose of these Terms of Use, “Harveys”, “we”, “our”, or “us” refers to Southeastern Grocers Inc., a Delaware Corporation (d/b/a Harveys Supermarkets), and includes all of our Affiliates.

These Terms of Use are a legally binding agreement between you and Harveys. Please read these terms of Use carefully before you access or use the Digital Marketing Program. By accessing the Digital Marketing Program, you agree to these terms of use in their entirety. If you do not agree, do not use the Digital Marketing Program.

These Terms and Conditions, and any additional ones we establish for certain offers (collectively the “Terms”), govern your participation as an individual in the Harveyssupermarkets rewards program (“Harveyssupermarkets rewards”). In connection with Harveyssupermarkets rewards, we operate the website, www.harveyssupermarkets.com , and the Harveyssupermarkets app.

Privacy

Please review our Privacy Policy. For more detail on our Pharmacy privacy practices, see our Pharmacy Notice of Privacy Practices.

Proprietary Rights and Limited License

Harveys owns or has procured licenses to display the content on the Digital Marketing Program. The collective work is the property of Harveys.

All right, title, and interest in and to the Digital Marketing Program, including all trademarks, service marks, patents, copyrights, trade secrets, trade dress, and other proprietary rights are the exclusive property of Harveys or its licensors (collectively, the “IP”). Nothing on the Digital Marketing Program shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form without the express written consent of Harveys (or the appropriate licensor). Except as set forth in these Terms of Use, your use of any Harveys IP is strictly prohibited. Harveys grants you a limited license to access and make personal use of the Digital Marketing Program for NONCOMMERCIAL PURPOSES ONLY in accordance with these Terms of Use.

Customer Content

Harveys welcomes your comments, suggestions, questions, ideas, reviews, and other communications (collectively, “Customer Content”) through the Digital Marketing Program, provided that such Customer Content complies with these Terms of Use. We accept Customer Content on the condition that you grant Harveys a nonexclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, and prepare derivative works based on and publicly perform, display, publish, and distribute Customer Content for any purpose whatsoever, without restriction, throughout the world, and without compensation to you. This license is effective automatically (without further action by you) when you submit Customer Content to 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.

Although Harveys cannot monitor all Customer Content, you understand that we shall have the right, but not the obligation, to monitor Customer Content on the Digital Marketing Program to determine compliance with these Terms of Use. Harveys shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Customer Content submitted to or posted on the Digital Marketing Program for any reason, including violation of these Terms of Use, whether for legal or other reasons. Notwithstanding the foregoing, you are solely responsible for any Customer Content that you submit and you agree to indemnify Harveys and its Affiliates for all claims resulting from any Customer Content you submit.

Warranty Disclaimer

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.

Limitation of Liability

Under no circumstances shall Harveys or its affiliates or their respective employees, directors, officers, or agents be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use the Digital Marketing Program. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract or tort, even if Harveys has been advised of or should have known of the possibility of such damages. Each provision of these terms of use that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the agreement between you and Harveys. This allocation is an essential element of the basis of the bargain between you and Harveys. The limitations in this section will apply even if any limited remedy fails of its essential purpose(s). If you are dissatisfied with the Digital Marketing Program, any content on the Digital Marketing Program, or these terms of use, your sole and exclusive remedy is to discontinue using the Digital Marketing Program. You acknowledge, by your use of the Digital Marketing Program, that your use of the Digital Marketing Program is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein.

Indemnity

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.

Alleged Copyright Infringement

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 Foundation, LLC, 8928 Prominence Parkway, #200 Jacksonville, FL 32256. Your notice must comply with the DMCA. Upon receipt of a complaint notice, we will respond and proceed in accordance with the DMCA.

Sweepstakes or Promotions

Any sweepstakes, contests, raffles, or promotions (collectively, “Sweepstakes”) and Gift Cards made available through the Digital Marketing Program may be governed by rules separate from these Terms of Use. You should review the applicable rules prior to participating in Sweepstakes and/or purchasing Gift Cards. In the event of a conflict between these Terms of Use and the Sweepstakes and/or Gift Card rules, the applicable Sweepstakes and/or Gift Card rules shall apply.

Applicable Law

These Terms of Use shall be governed in all respects by the laws of the State of Florida without giving effect to its conflict of law provisions. You knowingly and voluntarily submit to the personal jurisdiction of and venue in the state and federal courts in the State of Florida. You further agree that any cause of action arising under these Terms of Use shall be exclusively brought in such courts.

Updates to Terms of Use

From time to time, we may modify these Terms of Use to reflect industry initiatives or changes in the law or Harveys’s policies. All modifications and updates shall be effective upon posting. Your continued use of the Digital Marketing Program after we post updated Terms of Use signifies your acceptance of the new terms. You should review these Terms of Use regularly to ensure that you are aware of any changes.p

Harveys Affiliates

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.

Miscellaneous

Harveys’s rights and remedies under these Terms of Use are cumulative and not alternative. Neither the failure nor the delay by Harveys in exercising any right, power, or privilege under these Terms of Use will operate as a waiver of such right, power, or privilege, and no single or partial exercise will preclude any other or further exercise of such right, power, or privilege. If any provision of these Terms of Use is held invalid or unenforceable, the other provisions shall remain in full force and effect. You may not assign, transfer, or delegate any of your rights or obligations under these Terms of Use without our prior written consent.

Contact Us

If you would like to communicate with Harveys about these Terms of Use, please feel free to Contact Us.

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