I. PROPRIETARY RIGHTS IN CONTENT
Welcome to the Pampa Beverages, LLC (PB) official Web site. All content used and/or included on this Web site, such as text, graphics, logos, button icons, images, video, animation, audio clips, digital downloads, data compilations, and software, and the compilation of all such content, is protected by United States and international copyright laws, and is the exclusive property of PB, its content suppliers and/or software suppliers and/or third parties who have granted PB exclusive rights of use. User acknowledges that this Web site contains or may contain information, data, software, photographs, graphics, artwork, video, animation, typefaces, sounds, and/or other material (collectively, “Content”) that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies now existing and/or hereafter developed. PB owns copyright rights in the selection, coordination, arrangement, and enhancement of such Content which is copyrighted as a collective work under the U.S. copyright laws. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, User may make limited copies of select portions of the Content, provided that the copies are made only for Users personal use and that User maintains and includes in such copy any notices contained in the Content, such as copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws, User may not download, upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of PB or the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by any software license agreement relating thereto and/or accompanying such software.
Neither PB nor its subsidiaries or affiliates, nor any of their officers, directors, employees, or agents, nor any third party, guarantees the accuracy, completeness, or usefulness of any Content on the PB Web site, whether provided by PB itself, by you, the User or by any third party. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the PB Web site, and under no circumstances shall PB or its subsidiaries or affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the PB Web site.
II. LICENSE AND WEB SITE ACCESS; USER CONDUCT
PB grants you a limited license to access and make personal use of the PB Web-Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of PB. This license does not include, and User expressly agrees that it will at all times refrain from any and all of the following activities in connection with the PB Web site:
- uploading or otherwise distributing third party Content on the Web site;
- conducting any resale or commercial use of the PB Web site or its Contents, except as expressly contemplated herein;
- collecting and using any product listings, descriptions, or prices except as expressly contemplated herein;
- making any derivative use of the PB Web site or its Contents;
- downloading or copying account information for the benefit of another merchant;
- disclosing any password-protected Content to any person who has not obtained a separate password;
- using data mining, robots, spiders, or similar data gathering and extraction tools;
- interfering with or disrupting computer networks connected to the Web site;
- supplying knowingly false and/or inaccurate information to PB regarding your account;
- uploading or posting any material or information that contains a computer virus;
- using the Web site in such a manner as to gain unauthorized access to the computer systems or information of other Users;
- uploading or posting any material or information that is unlawful, defamatory, vulgar, obscene or otherwise objectionable;
- reproducing, copying, modifying, selling or distributing for any commercial purpose any portion of the Web site, its design, layout, user interface, trade dress or any of the contents therein;
- using any frame or framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PB and/or its subsidiaries and/or using any meta tags or any other “hidden text” utilizing PB name, trademarks and/or service marks, without the express written consent of PB. Any rights not expressly granted to User herein are reserved by PB. All Content on the PB Web site is and shall continue to be owned exclusively by PB or others, and is protected by patent, copyright, trademark, trade dress or other proprietary rights. Under no circumstances shall User acquire any ownership or other rights in the content by or through use of the PB Web site. PB reserves the right to change or modify the Content of the Web site at any time and for any reason;
III. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
User expressly agrees that use of the PB Web site is at User’s sole risk. Neither PB nor its subsidiaries and/or affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants/manufacturers, sponsors, licensors (collectively, “Providers”), or the like, warrant that the PB Web site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the PB Web site, or as to the accuracy, reliability, or currency of any information Content, service, or merchandise provided through the PB Web site.
The PB Web site and all information provided thereon is provided by PB or other Providers on an “as is” and “as available” basis. PB makes no representations or warranties of any kind, express or implied, as to the operation of the PB Web site or the information, Content, materials, or products included on this site. To the full extent permissible by applicable law, PB disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. PB does not warrant that the PB Web site, its servers, or e-mail sent from PB are free of viruses or other harmful components. In no event shall PB or any other Provider be liable to User(s) for any damages of any kind arising from the use of, or inability to use, the PB Web site, from User’s reliance on any information or Content contained on the Web site, from any errors or inaccuracies in information provided on the Web site, from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to PB’ records, programs, or services, and including but not limited to direct, indirect, incidental, punitive, special, and consequential damages, or for any claim of lost profits, lost data or any “down-time” of User’s computer or computer network, and arising out of any legal theory, whether or not PB has been advised in advance of the possibility of such damages. No oral advice or written information given by PB or its subsidiaries and/or affiliates, or any of its or their officers, directors, employees, agents, providers or the like shall create a warranty, nor shall User rely upon any such information or advice. User’s sole remedy in connection with this agreement is to cease use of the PB Web site. To the extent that certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
IV. LINKS TO THIRD PARTY WEBSITES
In the event that the PB Web site includes links to third-party web sites, User understands and agrees that selecting any such links shall cause User to leave the PB Web site. Any such linked web sites are not under PB control, and PB makes no representation of any kind in connection with any such third-party web site, its contents, its operation, or any other matter related to any such third-party web site. Such links are provided as a matter of convenience only and do not constitute an endorsement or promotion of any such third-party web site.
V. TRADEMARK NOTICE
The following trademarks are common law and/or registered trademarks of PB or used by PB under exclusive trademark license agreements or license to use agreements: [Quilmes, Paceña, Pilsen, Region 1, …………….]. All other company, product and brand names are or may be the trademarks of their respective owners, and PB makes no claim of ownership or other rights therein.
VI. APPLICABLE LAW
By visiting the PB Web site, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PB or its affiliates in connection with your use of the PB Web site.
Any dispute arising out of, connected to or in any way relating to your visit to or use of the PB Web site or to products you purchase through PB (whether or not purchased through the PB Web site) shall be submitted to binding, confidential arbitration in Miami, Florida, except that, to the extent you have acted or failed to act in any manner requiring injunctive relief, or violated or threatened to violate PB intellectual property rights, PB may seek injunctive or other appropriate relief in any state or federal court in the state of Florida or elsewhere in its sole discretion, and you consent to exclusive jurisdiction and venue in such courts and/or in Florida-based AAA arbitration. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association (“AAA”) before a single arbitrator chosen by the AAA in accordance with its then prevailing arbitrator-selection process. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction to the fullest extent permitted by applicable law. No arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.
VIII. SITE POLICIES AND MODIFICATIONS
PB may, from time to time, post other policies on the PB Web site which policies also govern your visit to such Web site. PB reserves the right to make changes to its Web site, policies, and these Conditions of Use at any time.