The Sites may ask you to provide information that could reasonably be used to contact you or to identify you personally (such as your name, e-mail address, telephone number, mobile phone number, or home address ("Personal Information")). For example, we may collect Personal Information when you register on the Sites, request information, submit comments or participate in some promotion, survey or other feature of the Sites, or otherwise communicate or interact with us. The Sites may also ask you to provide other information about yourself, such as demographic information (gender, zip code, age, etc.) or certain information about your preferences and interests. If you do not want your personal information collected, please do not submit it.
Whenever you visit or interact with the Sites, we, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Sites are accessed and used ("Usage Information"). Usage Information may include, in part, browser type, operating system, the page served, the time, and the preceding page views. This statistical data provides us with information about the use of this Site, such as how many visitors visit a specific page on this Site, how long they stay on that page, and which hyperlinks, if any, they “click" on. This information helps us keep our website fresh and interesting to our visitors and tailor content to a visitor's interests. Usage Information is generally non-identifying.
We also automatically collect your IP address or other unique identifier ("Device Identifier") for the computer, mobile device, technology or other device (collectively, “Device") you use to access the Sites. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and our computers identify your Device by its Device Identifier.
The technologies used on the Sites to collect Usage Information, including Device Identifiers, include:
Cookies. Cookies are data files placed on a Device when it is used to visit the Sites. We, or our third-party advertising service providers, may place cookies or similar files on your Device for security purposes, to facilitate site navigation and to personalize your experience while visiting the Sites. Cookies allow us to collect technical and navigational information, such as browser type, time spent on our site and pages visited. Cookies allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Site. You always have the option of disabling cookies using your browser preferences. However, please be aware that some features of this Site may not function properly or may be slower if you disable cookies.
Web Beacons. Small graphic images or other web programming code called web beacons, may be included in the Sites and e-mail messages. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Sites, to monitor how users navigate the Sites, to count how many e-mails that were sent were actually opened or to determine whether content sent was actually viewed.
Any information you submit on the Sites will be used for a variety of business purposes, including for example, to: respond to your questions and requests; provide you with access to certain areas and features of the Sites; verify your identity; administer your participation in our promotions; communicate with you about your activities on the Sites; tailor content, advertisements, and offers we serve you; improve the Sites and for internal business purposes; contact you with regard to your use of the Sites, your account, and, in our discretion, changes to our policies; and for purposes disclosed at the time you provide your Personal Information or otherwise with your consent.
In order to carry out your requests, to make various features, services and materials available to you through this Site, and to respond to your inquiries, we may share your Personal Information with third parties that perform functions on our behalf (or on behalf of our partners), such as companies or individuals that: host or operate our Sites; analyze data; provide customer service; advertisers; sponsors or other third parties that participate in or administer our promotions or provide marketing or promotional assistance (such as in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list). Your personally identifiable information may also be used by us or shared with our subsidiaries, affiliates, sponsors, partners, advertisers or other affliated parties to provide you with product information and promotional and other offers.
We may share your Personal Information with other entities affiliated with us for internal reasons, primarily for business and operational purposes. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all or substantially all of our assets, or assets related to this Site, Personal Information, Usage Information, and any other information that we have collected about the users of one or more of the Sites may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
We may receive information about you from third parties. For example, if you are on another web site and you opt-in to receive information from us, that web site will forward to us your e-mail address and other information so that we may contact you. You may also choose to participate in a third party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third party web site) through which you allow us to collect (or the third party to share) information about you, including Personal Information. In addition, we may receive information about you if other users of a third party web site give us access to their profiles and you are one of their "connections” or information about you is otherwise accessible through your “connections’” web page, profile page, or similar page on a social networking or other third party web site or interactive service.
You may always direct us not to share your Personal Information with third parties, not to use your Personal Information to provide you with information, offers, newsletters, e-mails and other communications by: (i) updating your registration profile preferences on the Site, (ii) sending us an e-mail at our Contact address provided below; (iii) contacting us by mail at our Contact address provided below; or (iv) following the removal instructions in the communication that you receive. Please specify the applicable Sites or brands for which you do not wish to receive communications. Your opt-out request will be processed within 30 days of the date on which we receive it.
If you wish to verify, correct, or update any of your personal information collected through the Sites, you may edit your registration profile preferences on the Site, where available, or contact us at the below Contact address or e-mail. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Sites. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
With regard to advertisements, we and our network advertisers may target advertisements for products and services in which you might be interested based on your visits to both the Sites and other web sites. Cookies and web beacons, including those set by third party network advertisers, may be used to, among other things, target advertisements, prevent you from seeing the same advertisements too many times, or to conduct research regarding the usefulness of certain advertisements to you. We may share Usage Information about visitors to the Sites with third party advertising companies for the same purposes. We may use a variety of companies to serve advertisements. You may wish to visit: http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding the "opt-out" procedures used by some of the third party ad servers we may use.
We use certain reasonable security measures to help protect your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Sites and provide us with your information at your own risk.
The Sites may contain links to other sites that we do not own or operate. This includes links from advertisers, sponsors and partners that may use our logo(s) as part of a co-branding arrangement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our sites (including those linked to through an email or social networking page).
The Sites are operated in the United States, and/or, in the case of certain Sites, Canada. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect will be transferred to and processed in the United States, Canada and/or other jurisdictions in which our service providers and affiliates may be located. By using the Sites, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States, Canada and other applicable territories in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.
We try to make the Site and its contents reliable, but inaccuracies may occur. Therefore, regardless of anything else on the Site or in these Terms:
BY USING THE SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS RELATED PARTIES, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS, FROM ALL DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE LAWYER'S FEES AND COSTS, ARISING OUT OF ANY OF THE FOLLOWING:
You agree to use best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
This Site may contain links to other web sites and/or other social networking sites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave the Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website or social networking site which appears or claims that it is one of our sites (including those linked to through an email).
We (or our associated or affiliated companies or third parties who have licensed its brands to Company or contributed to the Site) ("Content Owner") own or license from third parties all Site Content. All Site Content and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein remains the sole property of the applicable Content Owner and is protected under all relevant international copyright, trademark and other intellectual property laws. Nothing on the Site should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or of the other applicable Content Owner.
We may, in our sole discretion for any reason, without liability or prior notice at any time:
The Sites may contain forward-looking statements within the meaning of Section 27A of the United States Securities Act of 1933, as amended, and Section 21E of the United States Securities Exchange Act of 1934, as amended, including, in particular, statements about future events, plans, strategies, expectations and prospects. Forward-looking statements include all statements that are not historical facts and can be identified by the use of forward-looking terminology such as the words “may,” “will,” “expect,” “anticipate,” “believe,” “estimate,” “plan,” “intend” or the negative of these terms or similar expressions. These forward-looking statements have been based on our then current views about future events and financial performance. Our actual financial performance could materially differ due to the inherent uncertainty of estimates, forecasts and projections. Our financial performance may be better or worse than anticipated. Given these uncertainties, you should not put undue reliance on any forward-looking statements. All forward-looking statements are qualified in their entirety by reference to “Risk Factors” discussed in Part I, Item 1A of our Annual Report on Form 10-K for the current fiscal year and our other United States Securities and Exchange Commission filings. Forward-looking statements represent our estimates and assumptions as of the date they were made. We do not undertake any duty to update the forward-looking statements, and associated estimates and assumptions, after the date made, except to the extent required by applicable securities laws.
We control and operate the Site from the State of Texas, USA, and/or in the case of certain sites, the Province of Ontario, Canada (the "Jurisdiction") (regardless of where hosting servers are located). All matters relating to the Site are governed by the laws of the above Jurisdiction, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to the Site shall exclusively be in appropriate courts located in the above Jurisdiction and must be brought within 1 yr after the claim or cause of action arises. We do not imply that the Site or materials on it are appropriate for use outside of the USA or Canada, as applicable. Information on the Sites concerning any products or services is applicable only in the Jurisdiction, and these products or services may not be available in all locations. If you are located outside of the USA or Canada, as applicable, you are solely responsible for compliance with any applicable local laws in your jurisdiction.
If for any reason, any provision of these Terms is found unlawful, void or unenforceable, it shall be deemed severed from these Terms and the remaining provisions will continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
As used herein:
We may change or add to the information on the Sites and/or these Terms, at any time without prior notice. Changes will be effective when posted. You should regularly review these Terms for any updated version. Your use of the Site after changes are made will be considered your acceptance and agreement to be bound by such changes. By providing continued access to the Site, we are providing you consideration for agreement to such changes. If you object to any changes, your sole recourse is to stop using the Site.
If you have any questions or concerns regarding these Terms, please contact us at:Attn: Dr Pepper Snapple Group Consumer Relations