Acceptance of Terms
This web site (the "site") is operated by PepsiCo, Inc.
("PepsiCo"). Throughout the site, the terms "we," "us" and
"our" refer to PepsiCo. PepsiCo offers this site, including
all information, tools and services available from this
site, to you, the user, conditioned upon your acceptance of
all the terms, conditions, policies and notices stated
here. Your use of this site constitutes your agreement to
these Terms of Use. If you do NOT agree to these Terms of
Use, please do NOT use this site.
Accuracy and Completeness of Information
PepsiCo is not responsible if information made available
on this site is not accurate, complete or current. The
material on this site is provided for general information
only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of
information. We reserve the right to modify the contents of
this site at any time, but we have no obligation to update
any information on the site. You agree that it is your
responsibility to monitor changes to the site.
Your Use of the Site
All content on this site (including, without limitation,
text, design, graphics, logos, icons, images, audio clips,
downloads, interfaces, code and software) is the exclusive
property of and owned by PepsiCo, its licensors or its
content providers and is protected by copyright, trademark
and other applicable laws. You may access, copy, download
and print the material contained on the site for your
personal and non-commercial use, provided you do not modify
or delete any copyright, trademark or other proprietary
notice that appears on the material you access, copy,
download or print. Any other use of content on the site,
including but not limited to the modification,
distribution, transmission, uploading, licensing, or the
creation of derivative works from, any material,
information, software, products or services obtained from
the site, is expressly prohibited. PepsiCo or its licensors
or content providers retain full and complete title to the
material provided on the site, including all associated
intellectual property rights, and provide this material to
you under a license that is revocable at any time in
PepsiCo's sole discretion. PepsiCo neither warrants nor
represents that your use of materials on this site will not
infringe rights of third parties not affiliated with
PepsiCo.
As a condition of your use of the site, you will not use
the site for any purpose that is unlawful or prohibited by
these Terms of Use or any applicable laws.
Materials You Submit
You acknowledge that you are responsible for any
material you may submit via the site, including the
legality, reliability, appropriateness, originality and
copyright of any such material. You may not upload to,
distribute or otherwise publish through this site any
content that (i) is confidential, proprietary, false,
fraudulent, libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights, infringing on
intellectual property rights, abusive, illegal or otherwise
objectionable; (ii) may constitute or encourage a criminal
offense, violate the rights of any party or otherwise give
rise to liability or violate any law; or (iii) may contain
software viruses, political campaigning, chain letters,
mass mailings, or any form of "spam." You may not use a
false email address or other identifying information,
impersonate any person or entity or otherwise mislead as to
the origin of any content. You may not upload commercial
content onto the site.
If you do submit material, and unless we indicate
otherwise, you grant PepsiCo and its affiliates an
unrestricted, nonexclusive, royalty-free, perpetual,
irrevocable and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create
derivative works from, distribute and display such material
throughout the world in any media. You further agree that
PepsiCo is free to use any ideas, concepts, know-how that
you or individuals acting on your behalf provide to
PepsiCo. You grant PepsiCo and its affiliates the right to
use the name you submit in connection with such material,
if they so choose. All personal information provided via
this site will be handled in accordance with the site's
online Privacy Policy. You represent and warrant that you
own or otherwise control all the rights to the content you
post; that the content is accurate; that use of the content
you supply does not violate any provision herein and will
not cause injury to any person or entity; and that you will
indemnify PepsiCo for all claims resulting from content you
supply.
Disclaimers
Your use of this site is at your sole risk. The site is
provided on an "as is" basis.
PepsiCo expressly disclaims any warranty of any kind,
whether express or implied, as to any matter whatsoever
relating to this Site, including without limitation the
implied warranty of merchantability, fitness for any
particular purpose or non-infringement.
If you download any material from this site, you do so
at your own discretion and risk. You are responsible for
any damage to your computer system or loss of data that
results from the download of any such material.
Limitation of Liability
IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY,
WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE,
SHALL PEPSICO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE
OF THE INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR
COMPUTER FAILURE OR MALFUNCTION.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER
PEPSICO NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE
SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE
CLAIMS OR ANY DISPUTE WITH PEPSICO IS TO DISCONTINUE YOUR
USE OF THE SITE. YOU AND PEPSICO AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR
THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A
PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold PepsiCo harmless
from and against any and all claims, damages, costs and
expenses, including attorney's fees, arising from and
related to your use of the Site.
Copyright Notice
Unless otherwise noted, the graphic images, buttons and
text contained in this Site are the exclusive property of
PepsiCo and its subsidiaries. Except for personal use,
these items may not be copied, distributed, displayed,
reproduced, or transmitted, in any form or by any means,
electronic, mechanical, photocopying, recording, or
otherwise without prior written permission of PepsiCo.
Trademarks
This Site features logos, brand identities and other
trademarks and service marks (collectively, the "Marks")
that are the property of, or are licensed to PepsiCo and
its subsidiaries or its licensors or content providers. All
of these Marks are the property of their respective owners.
Nothing contained on this Site should be construed as
granting, by implication, estoppel, or otherwise, any
license or right to use any Mark displayed on this Site
without written permission of PepsiCo or any such third
party that may own a Mark displayed on the Site. PepsiCo
reserves all rights not expressly granted in and to the
site and its content. This site and all of its content,
including but not limited to text, design, graphics,
interfaces and code, and the selection and arrangement
thereof, is protected as a compilation under the copyright
laws of the United States and other countries.
Links to Third Party Sites
As a convenience to users, this Site may link to other
sites owned and operated by third parties and not
maintained by PepsiCo. However, even if such third parties
are affiliated with PepsiCo, PepsiCo has no control over
these linked sites, all of which have separate privacy and
data collection practices and legal policies independent of
PepsiCo. PepsiCo is not responsible for the contents of any
linked sites and does not make any representations
regarding the content or accuracy of material on such
sites. Viewing such third party sites is entirely at your
own risk.
Cautionary Language Regarding Forward-Looking
Statements
This Site may contain statements, estimates or
projections that constitute "forward-looking statements" as
defined under U.S. federal securities laws. Any such
forward looking statements are inherently speculative and
are based on currently available information, operating
plans and projections about future events and trends. As
such, they are subject to numerous risks and uncertainties.
Actual results and performance may be significantly
different from PepsiCo's historical experience and our
present expectations or projections. PepsiCo undertakes no
obligation to publicly update or revise any forward-looking
statements.
Jurisdiction
PepsiCo maintains and operates this Site from its
offices in New York, United States of America. These Terms
of Use are governed and interpreted under the laws of the
State of New York, United States of America. By using this
site you consent to the jurisdiction of the courts located
in New York for any action arising from these Terms of Use.
If any portion of these Terms of Use is deemed unlawful,
void, or unenforceable, then that part shall be deemed
severable and shall be construed in accordance with
applicable law. Such a term will not affect the validity
and enforceability of any remaining provisions. PepsiCo's
failure to act with respect to a breach of these Terms of
Use by you or others does not constitute a waiver and shall
not limit PepsiCo's rights with respect to such breach or
any subsequent breaches.