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Copyright © 2009 The Pepsi Bottling Group, Inc. All Rights Reserved.
TERMS OF USE
Acceptance of Terms
Welcome to PBG.COM! The Pepsi Bottling Group, Inc. (“PBG”) maintains this Site for your personal use, subject to these Terms of Use and applicable laws.
YOUR ACCESS TO AND BROWSING THROUGH THIS SITE CONSTITUTE YOUR FULL ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
Accuracy, Completeness and Modification of Information
While PBG strives to ensure that all information contained in this Site is accurate and reliable, such information may contain inaccuracies or typographical errors. Other than as expressly provided on this Site, PBG makes no warranties or representations as to the accuracy, correctness or reliability of such information, and assumes no liability or responsibility for any omissions or errors in the content of this Site.
PBG may from time to time revise the information, services and the resources contained on this Site. PBG reserves the right to make any such changes without any obligation to notify past, current or prospective visitors. Please check these Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to these Terms of Use constitutes your acceptance of any such changes.
Your Use of the Site
You may download the content for non-commercial, personal use only, provided that all copyright, trademark or other proprietary notices originally contained therein remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not modify, alter, display, distribute, sell, broadcast or transmit any material on this Site in any manner without the prior written permission of PBG. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.
Disclaimers
OTHER THAN AS EXPRESSLY PROVIDED HEREIN, THE INFORMATION CONTAINED ON THIS SITE IS PROVIDED ON AN "AS IS" BASIS. ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of certain warranties and, therefore, the above limitations may not apply to you in all cases.
Limitation of Liability
IN NO EVENT WILL PBG BE LIABLE TO ANY PARTY OR FOR DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES WHATSOEVER FOR ANY USE OF THIS SITE, ANY INFORMATION CONTAINED HEREIN OR OF ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF PBG IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PBG ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM IT.
Indemnification
You agree to defend, indemnify and hold PBG and its affiliates 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
The graphic images, buttons and text contained on this Site are protected by copyright and, may not be copied, distributed, or displayed, or reproduced or transmitted, in any form or by any means, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of PBG.
Trademarks
Throughout this Site, you will see a number of trademarks, logos and service marks (collectively the "Marks"). The Marks are registered and unregistered trademarks of PBG, PepsiCo, Inc. and others. Nothing contained on this Site should be construed as granting any license or right to use any such Marks without the written permission of PBG or such third party that may own the Marks displayed.
Links
This Site may link to web sites not maintained by, or related to, PBG. Hypertext links are provided as a service to users and are not sponsored by or affiliated with this Site or PBG. The inclusion of links to such sites does not imply approval or endorsement of the sites by PBG or any association with its operators.
We recognize that some web sites not maintained by, or related to, PBG may include a link to this Site. We do not permit any such sites to replicate this Site’s content without our express permission or to create a frame, browser or border environment around any of this Site’s content or embed this Site or any portion thereof within another site. Such sites may not imply that we are endorsing it or its products or misrepresent its relationship with PBG or any PBG’s affiliate.
Export Controls
Software from this Site is subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into any country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
Cautionary Language Regarding Forward-Looking Statements
All information posted on this Site is valid only as of the date of its posting. PBG undertakes no obligation to update any of this information. All information included on this Site, together with information filed and furnished with the Securities and Exchange Commission and any oral information provided by PBG executives that relates to PBG's future performance or financial results are considered forward-looking statements. These forward-looking statements involve uncertainties that could cause actual performance or results to materially differ and readers are cautioned not to place undue reliance on them. All forward-looking statements should be read in conjunction with the additional information about risks and uncertainties set forth in PBG's Securities and Exchange Commission reports, including its annual report on Form 10-K for the most-recently ended reportable year.
Jurisdiction
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. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. 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. PBG’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 PBG’s right with respect to such breach or any subsequent breaches.
Last updated: January 19, 2005
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