Terms of Use

This website from which you are accessing these Terms of Use (“Site”) is created and maintained by Coca-Cola Southwest Beverages (referred to below as “CCSWB,” “we,” and “us”).

In these Terms and Conditions, ‘affiliated entities’ means any direct or indirect parent, subsidiaries, sponsors, or affiliated companies of Coca-Cola Southwest Beverages.

Please read the below terms and conditions (“Terms of Use”) carefully. Your use of the Site is subject to these Terms of Use.

1. Acceptance of Terms. By accessing or using the Site, you agree to these Terms of Use and to any additional rules that we may post on the Site. We may make changes to these Terms of Use (and to any such additional rules) from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. You can determine when we last changed these Terms of Use by referring to the “LAST UPDATED” legend above. Your access to or use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

2. Intended use of the Site. The Site, its features and its Content (as defined below) are for personal and non-commercial use only. You may not use or otherwise exploit the Site and/or any Content in connection with any business or commercial undertaking (whether or not for profit). Your use of the Site and/or Content must at all times comply with all applicable laws, rules and regulations.

We welcome visitors to this Site of all ages. Certain aspects of the Site, its features or its Content may, however, have age restrictions, based on what is appropriate viewing for certain ages or what is legally permitted by law. Where age restrictions apply, it will be clearly marked on the Site and you may be asked to verify your age before proceeding. By accessing and/or using the Site, you affirm that you are of legal age to enter into these Terms of Use or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use.

3. Content we make available on the Site. CCSWB may make available via the Site content, including (but not limited to) information, comments, reviews and other texts, photos, pictures and other images, films, movies, music and other audio files, software, applications or games (together referred to as “Content”). We, our affiliated entities and/or our licensors own all Content made available through the Site. Such Content is subject to copyright, trademark or other intellectual property rights and laws.

Unless expressly stated otherwise, you may not reproduce, modify, disseminate or otherwise exploit our Content in any way or form without our prior express approval. In addition, you acknowledge that the Site itself is protected by copyright law. You further acknowledge that Coca-Cola owns the trademarks “Coca-Cola”, “Coke” and all associated Coca-Cola trade names, service marks and logos. All other trademarks used on the Site are the property of their respective owners. Coca-Cola trademarks and Coca-Cola logos may only be used in conjunction with goods produced by Coca Cola or with the express prior approval of Coca-Cola. For the avoidance of doubt, the Coca-Cola corporate logo may only be used by Coca-Cola.

Sometimes, we may make certain Content available to you for specific limited uses, such as for you to download or otherwise reproduce such Content. We will expressly state to which Content such permitted uses apply and what the specific terms of use are for that Content. Those specific terms of use may place restrictions on your use of the Content, including (but not limited to) the number of times you can download the Content, what you may use the Content for and with how many devices you may access the Content. Prior to accessing such Content on the Site, you may be asked to affirmatively agree with the specific terms of use applicable to the Content.

PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE) MAY IN PARTICULAR JURISDICTIONS RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

4. Content you share with us. We may include features on the Site that allow you to share your Content with us and other users of the Site. Please note that by sharing Content through the Site, your Content may become publicly accessible. You grant to CCSWB and its affiliated entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such Content, in any media now known or hereafter developed, for CCSWB and/or the affiliated entities’ business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law.

The foregoing licenses shall survive any termination of your use of the Site, as further described below. For all of the Content you share through the Site, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such Content, and your provision or creation thereof through the Site, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. You further, to the extent permissible by law, irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each item of user content that you submit. Please note that we do not solicit or encourage submissions of Content containing ideas or suggestions relating to the Site, our business or our affiliated entities’ businesses. If you send us any ideas or suggestions, regardless of the topic, we and our affiliated entities will have no obligations with respect to such ideas or suggestions and may use them for any purpose whatsoever.

5. Rules of Conduct. In using the Site, you agree to comply with the following “Rules of Conduct” as updated from time to time by us. CCSWB will fully cooperate with any law enforcement authorities and/or court order requesting or directing CCSWB to disclose the identity of anyone that has engaged in any violation of the Rules of Conduct, including (but not limited to) anyone that has posted information or materials in violation of the Rules of Conduct, and CCSWB reserves the right to moderate (including removing) any such information or materials at any time from this Site. While we may monitor and moderate your Content submitted via the Site, we are under no obligation to do so and assume no responsibility or liability arising from the Content, nor for any error, defamation, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any user-generated Content on the Site.

You are prohibited from posting or transmitting, through or in connection with the Site:
Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;

iii. Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; and

Any material non-public information about a company without the proper authorization to do so.
In addition, you will not:
Use the Site for any fraudulent or unlawful purpose;
Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site;

iii. Impersonate any person or entity, including any of our (or our affiliated entities’) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make;

Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
Access or use the Site through any technology or means other than those expressly designated by us (including, unless expressly designated by us, television set top boxes, television game consoles, digital video recorders or players, or video screens packaged and marketed as television sets);
Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site);

vii. Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;

viii. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;

Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
Frame or mirror any part of the Site without our express prior written consent;

xii. Create a database by systematically downloading and storing all or any Site content; or

xiii. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent.

6. Links. The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.

7. Data Protection. CCSWB takes data protection seriously. Please see our Privacy Policy for information on how we process your personal data.

8. Liability. WHILE WE ENDEAVOR TO MAINTAIN THE INFORMATION ON THIS SITE ACCURATE AND UP-TO-DATE, YOU ACKNOWLEDGE THAT THIS SITE AND ALL CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF ANY KIND. COCACOLA, ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE LICENSORS DISCLAIM ALL STATUTORY AND IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THIS SITE AND ALL CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT PROMISE THAT THIS SITE, NOR ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THIS SITE, WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR FREE OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. WITHOUT LIMITING THE FOREGOING, CCSWB, ITS AFFILIATED ENTITIES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS MAKE NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY THIRD PARTIES; (B) THAT THIS SITE AND/OR ANY OF ITS FEATURES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THIS SITE AND/OR ANY OF ITS FEATURES WILL BE UNINTERRUPTED OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE SITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE SITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER COCA-COLA NOR ITS AFFILIATED ENTITIES, NOR ANY OF ITS AGENCIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITE, ITS FEATURES OR ANY CONTENT MADE AVAILABLE THROUGH THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE SITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify

and hold harmless CCSWB, its affiliated entities, and any other party involved in creating, producing or delivering the Site, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of these terms of use by you or through any account you create in connection with the Site or (c) any allegation that any Content that you make available or create through the Site, infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

10. Termination. These Terms of Use are effective until terminated. You agree that we may

terminate your access to or use of the Site or any portion thereof, at any time, if you breach these Terms of Use, or we reasonably believe that you have breached these Terms of Use, subject to any restrictions placed on our exercise of such rights under applicable law. Upon any such termination, your right to access and use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be affected without prior notice to you. You further agree that neither we nor our affiliated entities will be liable to you or any third party for any termination of your access to or use of the Site. Sections 2-4, 6, 8-12 and 15-16 shall survive any expiration or termination of these Terms of Use.

11. Claims of Copyright Infringement. For information on how to report a claim of copyright infringement under The Digital Millennium Copyright Act of 1998 (the “DMCA”), please refer to our Copyright Policy.

12. Filtering. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Note that we do not endorse, support or approve any of the products or services listed at such sites.

13. Contact. This Site is operated by

Coca-Cola Southwest Beverages
Two Lincoln Centre
5420 LBJ Freeway
Suite 800
Dallas, Texas 75240
USA

14. Information or Complaint. If you have a question or complaint regarding the Site or these Terms of Use, please send an email to ccswbcomms@cocacolaswb.com. You may also contact us by writing to CCSWB Communications, 14185 Dallas Parkway, Suite 1300, Dallas, TX 75254. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.

15. Governing Law. Except to the extent expressly provided otherwise in this Section 15, these Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to its choice of law provisions. You agree to the exclusive jurisdiction by the federal and state courts located in Dallas County, Texas, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, if you are citizen of, reside in or are accessing this Site from: (a) any European Union country, then these Terms of Use shall be governed by and construed in accordance with the laws of the country of Belgium and you agree to the exclusive jurisdiction of the courts located in Belgium; (b) any Latin American country, then these Terms of Use shall be governed by and construed in accordance with the laws of Mexico and you agree to the exclusive jurisdiction of the courts located in Mexico; (c) India, then these Terms of Use shall be governed by and construed in accordance with the laws of India and you agree to the exclusive jurisdiction of the courts located in India, (d) any Asian country other than India, then these Terms of Use shall be governed by and construed in accordance with the laws of Australia and you agree to the exclusive jurisdiction of the courts located in Australia, and (e) any country in Africa or the Middle East, then these Terms of Use shall be governed by and construed in accordance with the laws of South Africa and you agree to the exclusive jurisdiction of the courts located in South Africa. The UN Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.

16. Miscellaneous. If any provision of these Terms of Use shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor/franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms of Use, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and us relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to the Site, by email, or by regular mail, in our discretion. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfill any obligations due to causes beyond our control. You agree that our licensors who make their Content available to us in connection with the Site are third-party beneficiaries under these Terms of Use with the right to enforce the provisions of this Agreement that directly concern their content. Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms of Use is not subject to the consent of any third party.

You may print, download or otherwise retain a copy of these Terms of Use (and of any revised version) for your records.