Pepsi-Cola Advertising and Marketing, Inc. on behalf of itself and its affiliates (collectively, “Pepsi”) is pleased to offer to Pepsi’s business customers the use of this Site in order to allow You to order PepsiCo products for direct delivery to You and check Your account information in respect of Your transactions with Pepsi.
USER NAME AND PASSWORD
In order to allow You to access the ordering platform within this Site, Pepsi may deliver to You a user name and password for use solely by You and in connection with the Service. You agree to maintain the confidentiality of Your user name and password and You are responsible for all activities that occur under Your user name regardless of whether You authorized such use. You are responsible for any liability resulting from disclosure of Your user name and password. You agree (a) to immediately notify Pepsi via e-mail from the Pepsi Customer Service website or by sending an email to email@example.com or call us at 800-789-2626 of any unauthorized use of Your password or user name or any other breach of security, and (b) to ensure that You log off of the Site at the end of each session.
LINKS TO OTHER WEB SITES
The Site may contain links to other web sites not owned or managed by Pepsi. Pepsi provides such links solely for the convenience of its visitors. Pepsi is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, and such sites are not investigated, monitored, or checked for accuracy or completeness by Pepsi. The inclusion of links to such sites does not imply approval or endorsement of the site by Pepsi or any association with its operators.
You acknowledge that all right, title and interest in and to any components of the Site and Service, including but not limited to all software and documentation related to the Site and Service, and to any modifications or enhancements of them shall remain with Pepsi or the applicable third party owner. You acquire absolutely no rights or license in or to the Site or Service other than the limited right, as expressly provided below, to use the Site and Service in accordance with the Terms. You agree not to violate any of Pepsi's or any other owner's trademark, copyright, proprietary, or other intellectual property rights related to the Service.
All rights not expressly granted to You herein are reserved by Pepsi.
This site is operated by Cognizant on behalf of Pepsi. PepsiCo, Inc. and its affiliates are the owners of all of their respective copyrights in and to the content on the Site, including without limitation, (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on the Site; and (ii) the design, selection and arrangement of the Site. Pepsi reserves all rights not expressly granted to You herein.
Unless otherwise specified, You are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display the Site and the materials provided thereon for the purpose of obtaining and reviewing product information and, if applicable, obtaining and reviewing Your account information and ordering products from this Site. When content is downloaded to Your computer, You do not obtain any ownership interest in such content, any modifications to the content, or any use of the content for any other purpose than that expressly permitted herein. Ownership of all such content shall at all times remain with PepsiCo, Inc. and its affiliates or their respective licensors. Pepsi reserves all rights not expressly granted to You herein. Use of Pepsi's copyrightable material for any purpose not expressly authorized herein without the prior written permission of Pepsi, as may be applicable, is forbidden.
All trademarks, service marks, trade names, logos, and other designations (collectively the "Marks") are the sole respective property of PepsiCo, Inc. and its affiliates or other third parties that have granted Pepsi the right and license to use such Marks. Nothing contained on the Site should be construed as granting any license or right to use any such Marks without the written permission of Pepsi or such third party that owns the Marks displayed.
You agree that all confidential, proprietary and trade secret information (including without limitation technical, business or financial information) disclosed to You by Pepsi through Your use of the Site shall not be disclosed or disseminated to any third party except for such information that (i) is publicly available without breach of these obligations, (ii) is rightfully obtained by You from third parties that are entitled to possess it without obligation to protect its confidentiality, (iii) is required to be disclosed by law or to regulatory authorities having jurisdiction over the receiving party, or (iv) Pepsi has granted You written permission to disclose.
You may download and print as many copies of Your Data provided in relation to the Service as reasonably necessary for Your internal use.
You agree that You will not (i) reverse compile, reverse assemble, disassemble or translate any component of the Site or Service; (ii) access or attempt to access, distribute, disclose, market or copy in any form any information or data on the Site or Service that is not Your Data, unless such information is otherwise available to You from sources other than the Site or Service; or (iii) provide the Service or access to or use of the Site to other entities or persons for a fee.
You shall be solely responsible for the compatibility of Your equipment, software and/or facilities with the Service.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE OR THE SERVICE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
LIMITATION OF LIABILITY
Use of the Site is at Your sole risk. IN NO EVENT SHALL PEPSI OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS SITE OR THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR THE SERVICE (OR THE CONTENT PROVIDED AT THE SITE OR THE SERVICE ON ANY WEB SITE RELATED TO ANY THIRD PARTY), OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THE SITE (OR ANY OTHER WEB SITE ACCESSIBLE FROM THE SITE), ON ANY THEORY OF LIABILITY. PEPSI WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THE SITE OR THE SERVICE. THESE WAIVERS APPLY EVEN IF PEPSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PEPSI'S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO PEPSI FOR USING THIS SITE OR THE SERVICE.
INDEMNIFICATION BY USER
You agree to defend, indemnify, and hold harmless Pepsi and its respective affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from Your use or misuse of the Site and/or the Service, Your violation of the Terms, or the infringement by You or any other user of the Site and/or Service using Your user name and password (whether or not You are the individual who undertakes such activities), of any intellectual property or other proprietary rights of any person or entity. Pepsi reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
This indemnification will survive termination of the Terms and Your use of the Site.
Pepsi may, in its sole discretion, suspend or terminate Your access to the Site or Service or any part thereof at any time with or without notice for any reason or no reason, including, without limitation, Your breach of any of the terms and conditions of the Terms. Pepsi shall not be liable to You for termination of the Service under any theory of law or equity, and You hereby release Pepsi from any and all liability for any losses or damages of any kind that arise out of such termination. After termination, You are not authorized to access or use the Site or Service, and You shall cease such access and use.
In the event of termination, You will still be bound by Your obligations under the Terms that shall survive termination.
PAYMENT, REFUNDS AND DISPUTES
Unless otherwise agreed to in writing pursuant to an executed sales agreement or credit agreement between You and Pepsi, payment for products purchased on this Site is due upon delivery.
Disputes over invoices and price discrepancies shall be managed in accordance with Your sales contract or Your Credit Agreement with Pepsi, as applicable. Refunds related to Pepsi products shall be governed by Pepsi’s policies related to Product Refunds and Returns.
JURISDICTION AND ACCESS OUTSIDE THE U.S.
The Site and Service are controlled, operated and administered by Pepsi from its offices within the United States of America. Pepsi makes no representation that the content on the Site is appropriate or available for use in locations outside the United States.
COMPLIANCE WITH LAWS
The Site and Service may be used only for lawful purposes. Your conduct may be subject to local, state, national and international laws. You agree that You shall comply with applicable laws, rules, regulations, ordinances and other similar national and international requirements of the country, state and province in which You are accessing and using the Site and Service.
CHOICE OF LAW AND FORUM
INTEGRATION; SEVERABILITY; NO WAIVER
LAST UPDATED: March 13, 2017
Copyright PepsiCo, Inc. All Rights Reserved.
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