TERMS OF SERVICE
Please Read the following Terms of Service and Disclaimers carefully before using this Web Site. BY ACCESSING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, MAKING A PURCHASE, AND/OR SUBMITTING INFORMATION TO PEPSICO, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED ON THIS PAGE, INCLUDING, BUT NOT LIMITED TO, CONDUCTING TRANSACTIONS ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION AND CLASS ACTION WAIVER, AND A CHOICE OF NORTH CAROLINA LAW.
1. Acceptance of Terms
This platform on which these terms reside (the "Site"), including the features and services made available through the Site, is owned or operated by PepsiCo, Inc. ("PepsiCo") for itself and its current and future parent corporations, subsidiaries, sister corporations, and other affiliates, whether directly or indirectly, wholly or partially, owned or controlled by PepsiCo or its parent corporations (the foregoing, collectively the “PepsiCo Affiliates”). By using this Site, you agree to be legally bound by these Terms of Service. If you do NOT agree to these Terms of Service, please do NOT use this Site. PepsiCo reserves the right to change, modify or otherwise alter any features of this Site at any time and for any purpose without notice. We also may modify these Terms of Service from time to time without notice to you, unless otherwise required by applicable law. You should visit this page regularly and review these Terms of Service for the current terms. This Site is intended for and applicable only for individuals who are legal residents of the US currently residing in one of the fifty (50) United States or the District of Columbia and at least 18 years of age or older. If you are not a legal resident of the US currently residing in the one of the fifty (50) United States or District of Columbia and 18 years of age or older, please stop and discontinue your use of this Site.
2. Your Use of Site
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software) (collectively, “Content”) is the exclusive property of and owned by PepsiCo, Inc., its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print Content on the Site solely for your personal, private and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content 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 Content, including all associated intellectual property rights. PepsiCo neither warrants nor represents that your use of Content on this Site will not infringe rights of third parties.
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 Service or any applicable laws. You may not use the Site if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law. You must comply with all export restrictions that may apply to goods, software, technology, and services.
From time to time, PepsiCo may ask that you submit your feedback through the Site. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary, (b) become the property of PepsiCo and PepsiCo shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by PepsiCo, its affiliates, their respective agents and licensees at their sole discretion without any obligation, attribution, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, PepsiCo shall be under no obligation to use or respond to any such communication. We ask that you not send us any material that you do not wish for us to own.
When you use our Site, or send e-mails, text messages, or other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages from this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Registration
Some of the features on this Site may require users to create an account with https://www.pepsicopartners.com/. If you wish to register on our Site, you agree to provide accurate information about yourself and to complete the registration form as required. We reserve the right to suspend or terminate your use of our Site if we discover that you have violated these Terms of Service. You are responsible for maintaining the confidentiality of your account details and you are fully responsible for all activities that occur under your account, either with or without your knowledge. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. You agree to notify us immediately of any known or suspected unauthorized use of your account. PepsiCo is not responsible for any delay in shutting down your account after you have reported a breach of security to us. We also cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your account data. The customer contact information you supply on the checkout form may be used to contact you concerning the status of an order, to answer your questions or as described in our Privacy Policy.
4. Notifications; SMS and Email Notification Preferences
PepsiCo may offer users the ability to subscribe to SMS and/or email notification services. By agreeing to receive text messages and/or email notifications from us, you agree to receive periodic auto SMS, text message, and/or email notifications by or on our behalf for transactional and marketing purposes to the phone number and/or email address you provided. You acknowledge that consent is not a condition or requirement for any purchase. You understand and agree that by opting in to receive text messages and/or email notifications, you are providing your digital consent. Message and data rates may apply to each text message sent or received in connection with our text message services, in addition to any applicable roaming charges. Not all carriers are covered and supported carriers may change from time to time. PepsiCo does not guarantee availability or performance of the text message service and you understand that transmission delays and message failures may occur. If you wish to unsubscribe from our text message services, reply with STOP, CANCEL, QUIT, UNSUBSCRIBE, or END to any text message sent from us or on our behalf or use the unsubscribe link we provided you with in any of our text messages and/or email notifications sent through these services. You will receive a text and/or email confirming your opt-out. You understand and agree that alternative methods of opting out, such as using alternative words or requests may not be an effective means of opting out. For more information or questions please text HELP to the number you received the messages from or by emailing our Customer Service team at https://www.pepsicopartners.com/contact .
You represent that you are the account holder for the telephone number(s) that you provide. You are responsible for notifying PepsiCo immediately if you change the telephone number that you provided. You may notify PepsiCo of a number change by emailing our Customer Service team at https://www.pepsicopartners.com/contact. You agree to indemnify PepsiCo, its parents, subsidiaries, officers, employees, and contractors and each of their respective officers, employees and agents (collectively, "Indemnified Entities") for any claims, expenses, and/or damages to the extent caused by your failure to notify PepsiCo if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. PepsiCo may suspend or terminate your receipt of text messages at any time. PepsiCo reserves the right to modify or discontinue, temporarily or permanently, all or any part of PepsiCo's text message and/or email notification services, with or without notice.
5. Terms of Payment
You may be asked to supply certain information relevant to a transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your delivery information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to PepsiCo the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You authorize PepsiCo and its payment processor(s) to collect and store your payment method information in accordance with PepsiCo’s privacy policy. Not all customers, locations, and order types will be eligible for some/all payment methods.
When you add a payment method during checkout, you may be provided the option to automatically save and add that payment method to your account so it can be used for a future transaction.
6. Pricing
All orders placed through the Site are subject to PepsiCo acceptance. This means that PepsiCo may refuse to accept, may modify, or may cancel any order, whether the order has been confirmed, for any or no reason, and without liability to you or anyone else.
PepsiCo cannot confirm the price of an item until an order is delivered. Despite our diligent efforts, it is possible that products in our catalog may be mispriced and/or pricing may differ between the time of order and delivery. If an item's correct price differs from the stated price at the time of delivery, PepsiCo will charge the correct price (whether higher or lower) as reflected on the invoice at the time of order delivery. By confirming your purchase at the end of the checkout process or otherwise completing your transaction, you agree to accept and pay for the products as well as all other associated fees and applicable taxes, at the price(s) in effect when such charges are incurred.
7. Availability
PepsiCo reserves the right, with or without prior notice, to do any one or more of the following except to the extent prohibited by law: (i) limit the available quantity of or discontinue any product; (ii) bar any user from making or completing any or all transaction(s); and (iii) refuse to provide any user with any product or service.
All goods and services available on the Site are subject to change without notice, may not be available in all areas, and are available while supplies last.
PepsiCo's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or processed or that the availability of an item has been confirmed. PepsiCo aims to describe and display its products accurately on the Site. However, some items on the Site may be described inaccurately or unavailable, and PepsiCo may experience delays in updating information on the Site and in our advertising on other Sites. As a result, PepsiCo cannot and does not guarantee the accuracy or completeness of any information, including product images, specifications, and availability. PepsiCo reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. As part of our direct-store-delivery procedures, PepsiCo verifies the availability and the price before an item is delivered. If an item is no longer available, or if PepsiCo determines that there were inaccuracies in our product information, PepsiCo may modify or cancel your order, in whole or in part, and notify you of such modification or cancellation via phone, email/SMS (if you have opted-in to notifications) and/or at the time of delivery. Your final order and invoice total may increase or decrease based on product availability and will be determined by the actual products, pricing, and applicable taxes and fees as delivered.
8. Delivery
PepsiCo will schedule direct-store-delivery and order fulfillment on the scheduled delivery date for available in-stock products. While PepsiCo will use reasonable commercial efforts to accommodate special delivery instructions, not all requests are able to be accommodated.
At the top center of every PepsiCo Partners page is the date and time you need to order by to receive a delivery by the date displayed. Available delivery days are highlighted on the calendar when you click on the Delivery Date field on the cart page. If you have an order scheduled for delivery today, you can hover over/tap the date listed in the Status column on the order history page to see an estimated delivery window for your order.
If you have an urgent delivery need, please call 1-800-963-2424 or chat with us to contact a Support Representative for assistance.
9. Order Changes and Cancellations
If you need to modify or cancel your order after you have submitted it on PepsiCo Partners and before the cutoff time for the order, you will see a message at the top of the home page stating you have existing order(s) yet to start processing for delivery with a hyperlink to "Review & Modify" the order. You can also access orders that are able to be modified or cancelled by selecting "Order History" in the dropdown menu under your user icon.
Based upon order status you will be able to take different actions:
Open - You are able to Review, Modify, or Cancel the order
Closed - You are able to Review or Reorder the products on that order
Processing for delivery - You are able to Review the order, but cannot Modify or Cancel
Cancelled - No action can be taken on the order
If you have existing items in your cart, you will be given the option to merge your update with your existing items, discard your existing items, or save them for later once you click the "Update Order" button.
10. Return and Refund Policy
All sales on pepsicopartners.com are final. We do not offer any refunds, returns or exchanges. If you are unsatisfied with a product that you have purchased, or you have a problem with an item in your order, please reach out to our Customer Care Team at 1-800-963-2424 to contact a Support Representative during their business hours (Monday-Friday 7am-11pm Eastern Time ("ET") or via the Chat feature (Monday-Friday 7am-9pm ET) to report the issue. All reports of issues or shortages must be reported within thirty (30) days after delivery to receive support.
11. Invoicing
For any billing or invoice questions, please call 1-800-789-2626 and an Account Representative will assist you. If you are a MyPepsiCo View user, you can click on your user icon menu and select "MyPepsiCo View" to open the website in a separate browser tab.
12. Fees
PepsiCo may charge fees for use of certain payment services and any applicable fees will be disclosed to you in connection with your order and/or payment, through the Terms of Service or via the Site. A 3.00% E-Payment Fee will be added to all payments made by credit card. The E-Payment Fee is intended to offset the processing costs associated with credit card transactions. E-Payment Fees will be subject to applicable taxes and are non-refundable.
13. Credit Card Authorizations and Charges
You authorize PepsiCo to collect from you amounts due pursuant to these Terms of Service by charging or debiting the payment method associated with the relevant order, or any other payment method on file that you authorize in your account (unless you have previously removed the authorization to charge or debit such payment method(s)). When you place an order with a credit card or pay an invoice with a credit card, an authorization hold will be placed on the card you submitted for payment. You agree to and authorize PepsiCo to collect an authorization hold from the payment method(s) entered in amount including (1) the dollar amount of your order; (2) applicable taxes and fees, including any applicable E-Payment Fee; and (3) an additional charge of 15% of your order total to cover price/promotional changes and/or additional products that may be added to your order prior to delivery. The amount of the authorization hold is an estimate of final delivery total.
If your payment method associated with your order is determined to be expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts, plus any additional fees associated, including any E-Payment Fee and applicable taxes. You authorize PepsiCo to charge or debit the payment method related to your order again or use any other payment method on file associated with your account, if available, to collect such amounts. Your bank may charge you an overdraft or other fees for each payment failure. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you. In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your payment method, you may be charged fees that are incidental to PepsiCo’s collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
While this authorization hold is in place, the funds will not be available for use. When delivery has been completed and the order is final with any adjustments for product availability, your payment method will be charged for your delivered order in full, including any E-Payment Fee and applicable taxes. Within seven (7) days, we will process the reversal of any authorization hold, but the bank may take additional time to post it back to your payment method.
14. Billing; Pricing; Payment
Products, promotions, fees, taxes, and other costs may vary from time to time. When an order is confirmed, you will receive an estimated final charge and your payment method may be subject to an authorization hold as noted above.
Your invoice will be issued in connection with your order delivery, and your payment method associated with your account will be billed the amount specified on the invoice based on the actual Products delivered at the pricing in effect with any applicable taxes and fees (including the E-Payment Fee). You remain responsible for any uncollected amounts and making payment for invoices in accordance with their terms.
Any claim for pricing, promotion or other discrepancies (“Claims”) must be submitted to PepsiCo within 365 days of the date of the invoice in question. If you make a Claim within 90 days of the invoice date, you must submit a written request specifying the particular promotion, product, and amount in dispute and reason for the dispute. This request should be addressed to: Accounts Receivable, Pepsi-Cola Customer Service Center, P.O. Box 10, Winston-Salem, North Carolina 27102. If you make a Claim from 91 to 365 days after the date of invoice, in addition to the written request as specified above, you must submit a copy of the invoice in question and copies of any check remittances pursuant to the invoice in question. You agree not to withhold payments owing to PepsiCo regardless of a Claim. PepsiCo will work directly with you to resolve Claims but will not interact with third-party auditors or contractors.
15. Payment Processing Errors
PepsiCo will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original payment method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by PepsiCo, its payment processor, or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, deducting and/or debiting the amount of such funds from any future payment owed to you. To the extent you receive any funds in error, you agree to immediately return such funds to PepsiCo.
16. Representations
If you are acting on behalf of a business, company or other legal entity (in such event, for purposes of the Terms of Service, “you” and “your” will refer and apply to that business, company or other legal entity). You accept the Terms of Service and you will be responsible for any act or omission of employees or third-party agents using the Site on your behalf. You and your representative individually affirm that you are authorized to provide the information described and have the authority to bind you to these Terms of Service. We may require you to provide additional information or documentation demonstrating your representative’s authority. If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information.
You further acknowledge and agree that products are for resale at your outlets in the authorized territory of Pepsi Beverages Company only and that there shall be no resale to other resellers/distributors. Pepsi reserves the right to inspect your locations and warehouse for the purpose of verifying product production codes.
17. 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, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property or other proprietary 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.
In addition, you are prohibited from using the Site: (a) for any unlawful purpose or to violate any law; (b) to collect, post or track the personal information of others; (c) to spam, phish, pharm, pretext, spider, crawl, or scrape; (d) for any obscene or immoral purpose; and/or (e) to interfere with or circumvent the security features of the Site or any other computer software, hardware, or equipment.
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 and otherwise exploit any material and information, including without limitation, any content, ideas, concepts, images, names, and any other likeness, you submit through the Site throughout the world in any media. We may receive personal information through this Site. Please visit our Privacy Policy for information about how we handle your information. You represent and warrant that you own or otherwise have all the rights to all of the content you submit and grant under these Terms of Service; 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 all content you supply.
18. Disclaimers; Limitation of Liability
PEPSICO MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OF THIS SITE, THE CONTENT, OR ANY OTHER MATERIALS OR FEATURES ON THE SITE, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOUR USE OF THIS SITE AND RELIANCE OF ANY SUCH MATERIALS WILL BE AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS. PEPSICO MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR ANY OTHER MATERIALS ON THE SITE WILL BE PRESERVED. PEPSICO EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE AND THE INFORMATION AND SOFTWARE THEREIN, 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 to take customary precautions against computer viruses, inaccuracies, typographical errors or other defects, applications or any other material or information on or made available through the Site, and you are also responsible for any damage to your computer system or loss of data that results from the download of Content or any other material on the Site.
IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL PEPSICO OR THE INDEMNIFIED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SITE INCLUDING ANY INFORMATION AND SOFTWARE CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION (COLLECTIVELY, "DAMAGES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL PEPSICO OR THE INDEMNIFIED ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PEPSICO'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL PEPSICO OR THE INDEMNIFIED ENTITIES BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF PEPSICO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS UNDER THIS PARAGRAPH MAY NOT APPLY TO YOU AND THIS PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF PEPSICO'S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER PEPSICO NOR THE INDEMNIFIED ENTITIES 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.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
19. Indemnification
You agree to defend, indemnify and hold PepsiCo and the Indemnified Entities harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your and your dependent’s use of the Site or a breach of the Terms of Service.
20. Copyright Notice
Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of PepsiCo and its affiliates and 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.
21. Third-Party Sites and Third-Party Content
Certain areas of the Site and our payment processing functions may be operated on behalf of PepsiCo by third parties and may be subject to the terms of use and/or privacy policies of those parties. PepsiCo is not responsible for any aspect of these third-party service providers or websites. Please review any terms and conditions that may apply if and when you visit any areas or receive services operated by third parties.
Our Site may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or any content located on or through, any third-party site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, which we encourage you to review.
22. Trademarks
The trademarks displayed on the Site are registered and unregistered trademarks of PepsiCo, Inc. and its licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any trademark on the Site in violation of these Terms of Service, PepsiCo and its licensors may aggressively enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
23. Privacy
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. We respect your privacy and the use and protection of your personal information. Please see the Privacy Policy for important information and disclosures relating to our information collection and use practices.
24. Arbitration Agreement; Applicable Law and Jurisdictional Matters
You acknowledge and agree that PepsiCo, Inc. (and/or its subsidiaries and affiliates) has the right and authority, at its election, to bring a suit in any court of competent jurisdiction related solely to the collection for unpaid invoices for products delivered to you.
Except for the claims excluded above, by using this Site, you agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the applicability, breach, termination, validity, enforcement or interpretation thereof (collectively, “Disputes”) will be settled by binding individual arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you agree that the arbitrator will decide that issue.
This Arbitration Agreement shall be administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Discovery rules for such arbitration shall be pursuant to the Federal Rules of Civil Procedure, and the location for such arbitration and the number of arbitrators shall be mutually determined by the parties. If the parties cannot mutually agree to such terms, then the arbitration shall take place in Winston-Salem, North Carolina and be presided over by a panel of three arbitrators to be selected upon mutual agreement. It is intended that each party shall be responsible for bearing its own costs associated with arbitration as provided for hereunder, except that the arbitrator(s) shall be authorized to award the costs of arbitration as the interests of justice require.
At least 30 days prior to initiating an arbitration, the aggrieved party agrees to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice”) and attempt in good faith to negotiate an informal resolution of an individual claim. You must send your Pre-Dispute Notice of dispute to PBNASalesLegal@pepsico.com. PepsiCo will send its Pre-Dispute Notice to the email address and/or physical mailing address associated with your account. A Pre-Dispute Notice must include: the date, your name, mailing address, email address, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.
For the avoidance of doubt, you agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of these Terms of Service, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved by an arbitrator. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS OF SERVICE, WILL BE RESOLVED INDIVIDUALLY ON YOUR OWN BEHALF, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR MASS ACTION. YOU FURTHER AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING PROVISIONS. These terms operate to the fullest extent permissible by law.
If any portion of these Terms of Service is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. PepsiCo's failure to act with respect to a breach of these Terms of Service 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.
These Terms of Service constitute a binding agreement between you, your heirs, successors, affiliates, and representatives and PepsiCo and is accepted by you upon your use of the Site or your account. These Terms of Service constitute the entire agreement between you and PepsiCo regarding the use of the Site and your account. By using the Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms of Service.
These Terms of Service are governed and interpreted under the laws of the state of North Carolina, United States of America.
