(Last Updated June 6, 2024)

These Terms of Use (these “Terms”) are entered into ABARTA Coca-Cola Beverages, LLC (referred to below as “ACCB,” “we,” and “us”), and you as a user of this website (“you,” “your,” or “User”), and you acknowledge and agree that the following terms, conditions, guidelines, covenants, and notices set froth shall govern your access and use of this website. These Terms apply to the websites controlled by ACCB that post these Terms, including all services, products, content, features, and functionality available through the websites (collectively, the “Site”) unless a separate agreement or terms of use are entered into with regard to a service or services.

In these Terms and Conditions, ‘affiliated entities’ means any direct or indirect parent, subsidiaries, sponsors, or affiliated companies of ACCB, including ABARTA, Inc. and its affiliated entities.

Please read these Terms carefully before you start to use or access the Site in any way, including without limitation browsing the Site, using any information, and/or submitting any content or personal information via the site. By using or accessing the Site, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 18 years of age or older and reside in the United States.

  1. Acceptance of Terms; Changes to these Terms.

By accessing or using the Site, you agree to these Terms and to any additional rules that we may post on the Site.

We may make changes to these Terms (and to any such additional rules) from time to time in our discretion; we may notify you of such changes by any reasonable means, including by posting the revised version of these Terms on the Site. Please periodically review these Terms posted 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 will constitute your acceptance of those changes.

  1. Intended use of the Site.

The Site, its features and its Content (as defined below) are for personal and non-commercial use only, except where otherwise noted. 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) without the express written agreement of ACCB. 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 over eighteen years of age. By accessing and/or using the Site, you affirm that you are of legal age to enter into these Terms of Use.

  1. Content we make available on the Site.

ACCB may make available via the Site proprietary content, including (but not limited to) copyrighted material, trademarks, trade dress, information, comments, reviews and other texts, as well as photos, pictures and other images, films, movies, videos, music and other audio files, software, applications or games, and the “look and feel” of the Site (together referred to as “Content”). Neither these Terms nor your use of the Site transfers any right, title, or interest in the Site or the Content to you. We, our affiliated entities and/or our licensors own all Content made available through the Site and we and our third-party licensors retain all of our and their respective right, title, and interest to the Site and Content. Such Content may be 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 written approval and any rights not expressly granted are reserved.

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.

You further acknowledge that ACCB or its affiliated entities owns or has a license to use the trademarks “Coca-Cola”, “Coke”, associated Coca-Cola trade names, service marks and logos, and other trademarks, service marks and logos that appear on the Site (collectively, “Trademarks”). You acknowledge and agree that all Trademarks used and displayed on the Site are registered and unregistered Trademarks of ACCB, our affiliated entities, and/or our third-party licensors. You acknowledge that the Trademarks used and displayed on the Site are and shall remain the sole property of ACCB, our affiliated entities, and/or our licensors. For the avoidance of doubt, the ACCB corporate logo may only be used by ACCB.

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

  1. Content you share with us.

We may include features on the Site that allow you to share, post, upload, input, submit, or otherwise provide (collectively, “Post”) certain of your information, data, or other materials in connection with the Site (“User Content”) with us and other users of the Site. Your decision to Post any User Content in connection with our Site is voluntary. If you choose to Post, you shall be responsible for the accuracy, quality, and legality of the User Content provided by you. Please note that by Posting User Content through the Site, the User Content may become publicly accessible. You grant to ACCB 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 User Content, in any media now known or hereafter developed, for ACCB and/or the affiliated entities’ business purposes, including to perform our obligations under these Terms or as otherwise expressly set forth herein, 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.

YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISK RELATED TO THE POSTING OF USER CONTENT TO THE SITE. Under no circumstances will ACCB be liable in any way for any User content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any User Content Posted. For all of the User Content you Post on the Site, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such User 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 User Content containing ideas or suggestions relating to the Site, our business, or our affiliated entities’ businesses. If you propose or provide any ideas, suggestions, enhancements, requests, recommendations or other feedback (“Feedback”) to ACCB, then you hereby assign all rights, title, and interests, including all Intellectual Property Rights, in and to such Feedback to ACCB.

  1. Rules of Conduct.

Rules Generally. In using the Site, you agree to comply with the following “Rules of Conduct,” set forth below which may be updated from time to time by us. To the extent applicable, ACCB will fully cooperate with any law enforcement authorities and/or court order requesting or directing ACCB to investigate any violation of the Rules of Conduct, including (but not limited to) helping to identify anyone that has posted information or materials in violation of the Rules of Conduct.

ACCB reserves the right to moderate (including removing) any information or materials at any time from this Site, including any User Content. While we may monitor and moderate your User Content Posted on the Site, we are under no obligation to do so and assume no responsibility or liability arising from the User Content, nor for any error, defamation, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any User Content on the Site.

Rules of Conduct; Restrictions on Use.

  1. You are prohibited from posting or transmitting, through or in connection with the Site:
  2. 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;
  3. 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

  1. Any material non-public information about a person, company or other entity without the proper authorization to do so.
  2. In addition, you will not:
  3. Use the Site for any fraudulent or unlawful purpose;
  4. 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;

  1. 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;
  2. 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);
  3. vi. 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. Use, copy, reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;

  1. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
  2. x. Remove, alter, or obscure any copyright, trademark or other proprietary rights notice from the Site or Content from the Site;
  3. 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.

Should any attempt to do any of the foregoing prohibited acts be made, we reserve the right, in addition to our other remedies, to seek damages (including without limitation attorneys’ fees) from any such individual or entity to the fullest extent permitted by law.

  1. Links.

The Site may provide links to other websites and online resources, which are not maintained by us and with which our connection consists only of a hyperlink (“Linked Sites”). When you leave the Site, you do so at your own risk. All Linked Sites are provided only because they may be of interest to users of the Site or offer a service for your convenience. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that Linked Site or its content, products, or services. We are not responsible for and do not endorse such Linked Sites or any content therein, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for Linked Sites. 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.

  1. Your Privacy.

ACCB takes data protection seriously. Please see our Privacy Policy for information on how we process personal data collected on this Site. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

We are not responsible for any use, transfer, or security of data or information by or for the applicable

  1. Geographic Restrictions. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
  2.  DISCLAIMER.

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. You understand that we cannot and do not guarantee or warrant that files or other Content available for downloading from the internet or the Site will be free of viruses or other destructive code or harmful components that manifest contaminating or destructive properties, or that defects, if any, will be corrected. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ANY LINKED SITES.

YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ACCB NOR ANY PERSON ASSOCIATED WITH ACCB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER ACCB NOR ANYONE ASSOCIATED WITH ACCB REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  ACCB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE.

TO THE FULLEST EXTENT PROVIDED BY LAW, ACCB HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ACCB, ITS AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY LINKED SITES, ANY CONTENT ON THE SITE OR ANY LINKED SITES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ACCB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES WILL ACCB’S TOTAL AGGREGATE LIABILITY WITH RESPECT TO YOUR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND WHETHER INCURRED WITH RESPECT TO ONE CLAIM, OR CUMULATIVELY INCURRED FROM MULTIPLE RELATED OR UNRELATED CLAIMS ARISING IN CONNECTION WITH THESE TERMS OR THE SITE, EXCEED ONE HUNDRED DOLLARS ($100.00 USD).

THE NEGATION AND LIMITATION OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ACCB. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnity.Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold harmless ACCB, its affiliated entities, and ours 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 or relating to (a) your use of, or activities in connection with, the Site; (b) any violation of these Terms of use by you; or (c) any User Content.
  2. Termination.These Terms 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, or if we reasonably believe that you have breached these Terms, 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 effected 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.
  3. Limitation on Time to File Claims.

YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of the Site, you agree to inform us in writing and to give us thirty (30) days to cure the harm before initiating any action.

  1. Claims of Copyright Infringement.The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials made available on or accessible through the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove or block the materials or disable access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Please include the following with your notice.
    • A description of or identification of the copyrighted work that you believe to have been infringed, and if the claim involves multiple works on the Site, a list of such works;
    • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
    • Adequate contact information for us to contact you (your name, postal address, telephone number, and email address, if available);
    • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
    • A statement that the information in the notice is accurate;
    • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
    • Your physical or electronic signature or the signature of the person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed.

Notices and counter-notices should be sent to:

ABARTA Coca-Cola Beverages, LLC

200 Alpha Drive

Pittsburgh, PA  15238

We suggest that you consult your legal advisor before filing a notice or counter-notice. If we in good faith believe material to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to such material. We may also terminate your access to the Site if you are reasonably determined to be a repeat infringer.

  1. 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.
  2. Waiver and Severability.

No waiver by ACCB of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ACCB to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. To be effective, any waiver by ACCB must be in writing and signed by an authorized representative of ACCB.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

  1. Relationship. These Terms in no way create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and ACCB.
  2. Entire Agreement. The Terms and our Privacy Policy constitute the sole and entire agreement between you and ACCB regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
  3. Contact Information or Complaint.If you have a question about the Site or these Terms, please contact us by writing to ABARTA Coca-Cola Beverages, LLC, 200 Alpha Drive, Pittsburgh, PA 15238. Please note that communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.
  4. Governing Law and Jurisdiction.

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania, in each case located in the City of Pittsburgh and County of Allegheny. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. Third-Party Beneficiaries. You agree that our licensors that make their Content available to us in connection with the Site are third-party beneficiaries under these Terms 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 is not subject to the consent of any third party.
  2. Contact Information.This Site is operated by:

ABARTA Coca-Cola Beverages, LLC

200 Alpha Drive

Pittsburgh, PA  15238

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