Terms of Use

 

This website from which you are accessing these Terms of Use is created and maintained by Coca-Cola Bottlers’ Sales and Services Company LLC (referred to below as “CCBSS,” “we,” and “us”).  In these terms and Conditions, ‘affiliated entities’ means any direct or indirect parent, subsidiaries, sponsors or affiliated companies of CCBSS and its Bottler Members.

These “Terms of Use” (“Statement”) governs our relationship with users and others who interact with this website (“Site”). By using or accessing this Site, you agree to this Statement.

  1. You Agree to These Terms by Using this Site

Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. If you are an employee or Member of CCBSS, then by accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site.

If you are not an employee or member of CCBSS, then by accessing and using the Site, you, individually, represent that you are acting on behalf of yourself and your employer and are authorized to accept these terms and conditions on you and your employer’s behalf. The term “you” or “your” as used throughout means collectively you, individually, and your employer and the possessive of you, individually, and your employer, respectively. You also acknowledge that any other agreements between you and The Coca-Cola Company or related entities, are superseded with respect to this subject matter. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If you do not agree and accept, or do not have the authorization to agree and accept on behalf of your employer, without limitation or qualification, these Terms of Use, please exit the Site.

  1. Ownership of Content

You acknowledge that the Site and its content is protected by copyright law.  You further acknowledge that The Coca-Cola Company 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.  The Site and all of its contents including, but not limited to, all text and images not owned by third parties (“Content”) are owned and copyrighted by CCBSS, its subsidiaries, sponsors, or affiliated companies (collectively, “Affiliated Entities”), or others with all rights reserved unless otherwise noted.

Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. You are also advised that CCBSS and The Coca-Cola Company will aggressively enforce their respective intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

 

  1. Your Use of the Site

CCBSS grants you permission to use the Site as follows:

  • The Site, its features and its contents are for informative and non-commercial use. 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.
  • You must comply with all applicable laws, rules and regulations while using the Site;
  • You may not distribute, modify, download or copy (except for internal reference purposes as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without written permission from CCBSS;
  • You are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane 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. CCBSS will fully cooperate with any law enforcement authorities or any court order requesting or directing CCBSS to disclose the identity of anyone posting or transmitting any such information or materials;
  • You are prohibited from using the Site to impersonate any person or entity, including any Site moderator or any representative of CCBSS, The Coca-Cola System or its Affiliated Entities, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site; or stating or implying that we endorse any statement you make;
  • You are prohibited from using the Site to post or transmit any virus, worm, Trojan Horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful, invasive, may, or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
  • You are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site;
  • You are prohibited from using the Site to advertise or perform any commercial solicitation; and
  • You are prohibited from modifying, adapting, translating, reverse engineering, decompiling or disassembling any portion of the Site.
  1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use this Site and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by CCBSS in accordance with the Site’s Privacy Policy.

 

  1. Content You Share with Us

Each user who desires to submit materials for posting or upload to the Site (“User Content”) on the Site must consult with such user’s own local legal counsel beforehand. Be aware that by submitting any materials to the Site manager for posting or upload, you thereby acknowledge that you have consulted with local legal counsel and confirmed that such posting or upload is legally permissible and conforms to all applicable policies of CCBSS.

By uploading, posting or otherwise transmitting through or to the Site any User Content, you must be aware that you assign to CCBSS, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use, modify, re-format, distribute, and/or grant for use such User Content within The Coca-Cola System, and that you will be held responsible for such assignment and grant.

The following information may be regarded as competitively sensitive information in certain jurisdictions and shall not be submitted for posting on the Site nor through any other vehicle:

  1. quantities of products produced and sold;
  2. prices and terms of discount;
  3. customer classification;
  4. credit terms;
  5. general terms of sale, delivery and payment;
  6. costs of goods;
  7. operating expenses;
  8. margins;
  9. parallel imports and exports.

If you have any questions regarding the posting of information, please contact us via e-mail at ccbss@ccbss.com.

Please consult your local legal counsel if you would like to submit for posting or upload any of the information above described.

  • Please DO NOT place on the Site confidential commercial information.
  • Please DO NOT place on the Site any content that may infringe the proprietary rights (including without limitation, information subject to copyright or other intellectual property rights protection, commercial secrets, rights of publicity and privacy, and the like) of any third party.
  • For any User Content provided by you, you acknowledge and agree that (a) CCBSS reserves the right (but has no obligation) to evaluate each and all User Content before allowing it to be posted on the Site or otherwise stored in connection with the Site; and (b) may do one or all of the following, at its discretion: (i) monitor submissions and User Content; (ii) alter, remove, or refuse to post or allow to be posted or stored any User Content; (iii) monitor and/or filter any of your communications through the Site (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iv) disclose any User Content or any communication through the Site, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Site; to protect CCBSS, The Coca-Cola System, its Affiliated Entities, and their respective sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose. In addition CCBSS has no control over, and CCBSS, The Coca-Cola System and its Affiliated Entities shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily disclosed through any User Content or any other part of the Site.
  1. Disclaimer of Warranties

ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CCBSS DOES NOT WARRANT THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED. Please note that some jurisdictions may not allow the exclusion of implied warranties and, therefore, some of the foregoing exclusions may not apply to you. Without limiting the foregoing, CCBSS neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, CCBSS assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane 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, contained in any such locations on the Site.

 

  1. Exclusion of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER CCBSS, THE COCA-COLA SYSTEM OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, OR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages and, therefore, some of the foregoing exclusions may not apply to you.

  1. Links to Third Party Sites

The Site may contain links to sites owned or operated by parties other than CCBSS. Such links are provided for your convenience only. CCBSS does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, CCBSS specifically disclaims any responsibility if such sites:

  • infringe any third party’s intellectual property rights;
  • are inaccurate, incomplete or misleading;
  • are not merchantable or fit for a particular purpose;
  • do not provide adequate security;
  • contain viruses or other items of a destructive nature; or
  • are libelous or defamatory.

Neither does CCBSS endorse the content, or any products or services available, on such sites. If you establish a link to such sites or the Site, you do so at your own risk and without the permission of CCBSS.

  1. Export Control

CCBSS does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

  1. Cautionary Language Regarding Forward-Looking Statements

This Site may contain statements, estimates or projections that constitute “forward-looking statements” as defined under U.S. federal securities laws. Generally, the words “believe,” “expect,” “intend,” “estimate,” “anticipate,” “project,” “will” and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from the historical experience of CCBSS and its present expectations or projections. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. CCBSS undertakes no obligation to publicly update or revise any forward-looking statements.

  1. Revisions to the Terms

CCBSS may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use.

  1. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of Georgia, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Fulton County, Georgia, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

  1. United States Intellectual Property Rights Notification

If you are an owner of intellectual property and you believe that your intellectual property rights under United States law have been violated in any way, please contact CCBSS. Upon receipt of your notice, CCBSS will make reasonable efforts to: i) work with you to complete relevant authorization process; ii) disable access to the allegedly infringing materials; and iii) notify the individual/entity which posted the materials that access has been disabled.