Please Read the following Terms of Use and Disclaimers carefully before using this
Web Site.
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. Unless otherwise granted by the separate
Trademark License Agreement included on this website, 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.