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Schweppeinc.com Terms of
Use
Please read the following terms and conditions carefully
before using this site ("Site"). By using this Site, you
agree to follow and be bound by the following terms and
conditions concerning your use of the Site ("Terms of Use").
We may revise the Terms of Use at any time without notice to
you. You may not access or use the Site should you not want
to be bound by these Terms of Use. The Terms of Use may be
modified at any time, and any such modification shall be
effective immediately upon posting of the modification. By
your access and use of the Site you agree to periodically
review the Terms of Use and shall be conclusively bound by
any such future modifications.
Areas of the Site may have different Terms of Use posted. If
there is a conflict between these Terms of Use and terms of
use posted for a specific area of the Site, the latter shall
have precedence with respect to your use of that area of the
Site.
COPYRIGHT
Copyright 2001-2004 Schweppe, Inc. All rights reserved.
All content included on this site, including, but not
limited to text, graphics, audio clips, logos, buttons,
images, digital downloads, data compilations, software, html
code, and icons, is property of Schweppe, Inc. and is
licensed to Schweppe, Inc. for use and protected by United
States and international copyright laws. The compilation of
all content on this Site is the exclusive property of
Schweppe, Inc. and protected by U.S. and international
copyright laws.
LICENSES AND IDEA SUBMISSIONS
Schweppe, Inc. hereby grants you a limited, non-exclusive,
non-transferable license to download, view, copy and print
documents and graphics incorporated in these documents (the
"Documents") from the Site subject to the following
conditions: (1) the Documents may be used solely for
personal, informational, and non-commercial purposes; and
(2) the Documents may not be modified or altered in any way.
Except to the extent permitted under copyright law, you may
not otherwise use, download, upload, copy, print, display,
perform, post, reproduce, publish, license, transmit or
distribute any information from this Site in whole or in
part without the prior written consent of Schweppe, Inc. or
any third party that provides information to the Site.
Visitors to the Site may post or transmit reviews, comments,
communications, suggestions, questions, ideas, or other
information or content (collectively, "Communications")
subject to the "Prohibited Acts" described further below.
If you do post or transmit Communications, and unless
Schweppe, Inc. indicates otherwise, you grant Schweppe, Inc.
and its affiliates a nonexclusive, royalty-free, worldwide,
irrevocable, perpetual, and fully sublicensable right to
use, reproduce, adapt, adopt, modify, translate, publish,
distribute, and display such Communications throughout the
world in any media. You also grant Schweppe, Inc. and its
affiliates and sublicensees the right to use the name that
you submit in connection with such Communications as well as
in connection with any and all advertising, marketing and
promotional material related thereto. You further represent
and warrant that you own or otherwise control all of the
rights to the Communications that you post; that the content
of the Communications is accurate; that the content of the
Communications is not scandalous or libelous; that use of
the Communications you supply does not violate these Terms
of Use and will not cause injury to any person or entity.
You further agree to indemnify Schweppe, Inc. and its
affiliates and sublicensees for all claims resulting from
the Communications you supply. You further agree and
acknowledge that you shall have no recourse against Schweppe,
Inc. for any alleged or actual infringement of any
proprietary right in your Communications to us.
Schweppe, Inc. has the right (but not the obligation) to
monitor and edit or remove any activity or content on the
Site. Schweppe, Inc. takes no responsibility and assumes no
liability for any Communications posted by you or any third
party.
TRADEMARKS
"Schweppe, Inc.," the Schweppe, Inc. logo and other marks
indicated on the Site are registered trademarks or
trademarks of Schweppe, Inc. in the United States and
worldwide. Other Schweppe, Inc. graphics, logos, page
headers and service names are trademarks or trade dress of
Schweppe, Inc.. Schweppe, Inc.'s trademarks and trade dress
may not be used in connection with any product or service
that is not Schweppe, Inc.'s, in any manner that is likely
to cause confusion among customers, or in any manner that
disparages or discredits Schweppe, Inc.. Unless otherwise
noted on the Site, all other trademarks, service marks and
logos used in this Site are the trademarks, service marks or
logos of their respective owners.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE OR COMMUNICATION SERVICES IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. Schweppe, Inc.
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Schweppe, Inc. MAKES NO WARRANTY THAT (1) THE SITE OR THE
COMMUNICATION SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE
SITE OR THE COMMUNICATION SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS OR OTHER HARMFUL
COMPONENTS, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SITE OR COMMUNICATION SERVICES WILL BE ACCURATE
OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE OR COMMUNICATION SERVICES WILL MEET YOUR
EXPECTATIONS, AND (5) ANY ERRORS ON THE SITE OR
COMMUNICATION SERVICES WILL BE CORRECTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SITE OR THE COMMUNICATION SERVICES IS DONE AT YOUR
OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER
OBTAINED BY YOU FROM Schweppe, Inc., FROM A Schweppe, Inc.
EMPLOYEE OR AGENT, OR THROUGH OR FROM THE SITE OR
COMMUNICATION SERVICES, SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THIS TERMS OF USE.
Schweppe, Inc. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
Schweppe, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO
USE THE SITE OR COMMUNICATION SERVICES, (2) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SITE OR COMMUNICATION SERVICES, (3)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SITE OR COMMUNICATION SERVICES, OR (5) ANY OTHER MATTER
RELATING TO THE SITE OR COMMUNICATION SERVICES.
LINKS, THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND
SERVICES
The Site and Communication Services provide links to Web
sites and access to content, services, and products from
third parties, including users, advertisers, affiliates and
sponsors of the Site. You agree that Schweppe, Inc. is not
responsible for the availability of, and content provided
on, third party Web sites. You should refer to the policies
posted by other Web sites regarding privacy and other topics
before you use them. You agree that Schweppe, Inc. is not
responsible for third party content accessible through the
Site or Communication Services, including opinions, advice,
statements and advertisements, and you understand that you
bear all risks associated with the use of such content. If
you choose to purchase any products or services from a third
party, or if you purchase any products or services where
Schweppe, Inc. acts as the reseller of a third party's
products or services, your relationship is directly with the
third party. You agree that Schweppe, Inc. is not
responsible for: (1) the quality of third party products or
services, and (2) fulfilling any of the terms of your
agreement with the seller, including delivery of products or
services and warranty obligations related to purchased
products or services. You agree that Schweppe, Inc. is not
responsible for any loss or damage of any sort you may incur
from dealing with any third party.
INDEMNITY
You agree to defend, indemnify and hold harmless Schweppe,
Inc., its officers, directors, employees and agents from and
against any and all claims, liabilities, damages, losses or
expenses, including attorney's fees and costs, arising out
of or in any way connected with your access to or use of the
Site or Communication Services.
CHANGE, DISCONTINUANCE OF THE SITE AND SEVERABILITY
Schweppe, Inc. reserves the right to make changes to the
Site and Communication Services (including permanent or
temporary discontinuance of the Site or Communication
Services), its policies, and these Terms of Use at any time.
You agree that Schweppe, Inc. shall not be liable to you or
any third party for any such change, amendment,
modification, suspension or discontinuance. Any and all
portions of the Terms of Use shall automatically apply to
all improvements, modifications, changes and/or amendments
as they appear on the Site or Communication Services. If any
of these Terms of Use shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and
enforceability of any remaining condition. The failure of
Schweppe, Inc. to exercise or enforce any right or provision
of the Terms of Use shall not constitute a waiver of such
right or provision.
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www.schweppeinc.com
376 West North Avenue, Lombard, IL
60148 ● Phone:
630-627-3550 Fax: 630-620-4269
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