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 the 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.