CONDITIONAL USE OF THIS SITE

Your access to and use of the Sites (or any part thereof) is subject to these Terms, and all applicable laws. Certain features of the Site may have additional terms, such as promotion official rules, site content and behavior guidelines, and other terms and conditions. These Terms govern your rights and responsibilities in connection with the particular Site you are using. By accessing and using the Sites and such other features, you signify your acceptance and agreement to be bound by these Terms and the Company Privacy Policy (the "Privacy Policy"), which is hereby incorporated by this reference into these Terms, and such other terms as may be applicable. These Terms are a binding legal agreement between you and the Company: please read them carefully before you use the Site. Do not use the Site if you do not agree with any of the terms contained herein.

RIGHTS; RESPONSIBILITIES; AND GENERAL RESTRICTIONS

• You may use the Sites for your own personal, non-commercial informational or entertainment purposes only.
• You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, upload, modify, create derivative works from or based upon, transmit, decompile, reverse engineer, incorporate into any hardware or software application, broadcast, distribute or otherwise use or exploit any Site Content (as defined below) in any way, including for any public or commercial purpose whatsoever, without our express authorization.
• You may not use any third parties' likenesses, names, and/or properties without their express permission.
• You may not send or post to the Site or link, embed or otherwise display via the Site any material (including, without limitation, any of your own user submissions) that is: unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, vulgar, scandalous, inflammatory, pornographic, indecent or profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that could constitute or encourage a violation of any applicable laws, rules, regulations or governmentguidelines ("Applicable Laws"), or that infringes or violates other parties' intellectual property, publicity, or privacy rights or links to infringing or unauthorized content.
• You may not do anything on the Site that would prevent other users' access to or use of the Site or any part thereof.
• We may review, edit or delete materials you or others send to the Sites for any reason in our sole discretion, but are not obligated to do so.
• You are responsible for maintaining the confidentiality of any username or passwords associated with access to the Site or your account (including in those instances in which the Site uses the account creation mechanism and management of a third party’s social network, website or device) and to monitor and assume responsibility for all activities that occur under your username and/or password.
• We may cancel any registration(s) or account(s) on the Sites at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.

OWNERSHIP OF MATERIAL YOU SEND

Subject to the application of the Privacy Policy to personal data, any material you send to the Sites will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. We (or our designees) will be entitled to use any or all of it for any purpose, WITHOUT COMPENSATION TO YOU, including for reproduction, disclosure, transmission, publication, broadcast and posting. You must only send material to the Site if you are the original author of the material or otherwise have the necessary rights to use that material.

DISCLAIMER

We try to make the Site and its contents reliable, but inaccuracies may occur. Therefore, regardless of anything else on the Site or in these Terms:

• USE OF THE SITE IS AT YOUR OWN RISK;
• THE SITE IS PROVIDED TO YOU "AS IS"; "WITH ALL FAULTS" AND "AS AVAILABLE"; AND
• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RELATED PARTIES DISCLAIM ALL WARRANTIES REGARDING THE SITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES ARISING OUT OF:
  • STATEMENTS, ERRORS OR OMISSIONS IN THE SITE;
  • CONTENT INFRINGING ANY THIRD PARTY'S RIGHTS;
  • VIRUSES THAT MAY BE TRANSMITTED TO YOUR COMPUTER, PHONE, OR OTHER ELECTRONIC DEVICE;
  • LINKING TO ANY OTHER SITE OR ITS NATURE OR CONTENTS;
  • ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/ OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
  • PERSONAL INJURY OR PROPERTY DAMAGE; OR
  • ANY OTHER MATTER REGARDING THE SITE AND YOUR USE OF IT.

EMAIL COMMUNICATION OPT-IN

By opting into communication from Snapple, you agree to receive email communications from us regarding updates, promotions, newsletters, and other relevant information. You can opt-out of these communications at any time by following the unsubscribe instructions provided in the email or by contacting us directly.

CONSENT

By providing your email address and opting in to receive communications from us, you consent to the use of your email address for the purpose of sending you relevant communications. You also consent to the collection and processing of your personal information in accordance with our Privacy Policy.

FREQUENCY

We strive to respect your inbox and will only send you communications that we believe are relevant and of value to you. However, you acknowledge that by opting in, you may receive emails from us with varying frequencies.

UPDATING YOUR PREFERENCES

You have the right to update your communication preferences at any time. This includes opting in or out of specific types of communication or adjusting the frequency of emails. You can do so by accessing your account settings or by contacting our customer support team.

INDEMNIFICATION

BY USING THE SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS RELATED PARTIES, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS, FROM ALL DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE LAWYER'S FEES AND COSTS, ARISING OUT OF ANY OF THE FOLLOWING:

• ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, LIBEL, DEFAMATION RELATING TO ANY MATERIALS YOU SEND TO THE SITE;
• ANY ACTIVITY RELATING TO YOUR INTERNET ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANYONE USING THE SITE THROUGH YOUR INTERNET, CELL PHONE, OR SOCIAL NETWORKING ACCOUNT;
• THE VIOLATION OF ANY APPLICABLE LAWS AND/ OR THESE TERMS BY YOU AND/ OR ANYONE USING YOUR ACCOUNT TO ACCESS AND/ OR OTHERWISE USE THE SITE (IN WHOLE OR IN PART);
• YOUR VIOLATION OF ANY PERSON’S PRIVACY, PUBLICITY OR OTHER RIGHT;
• ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.

You agree to use best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

OTHER SITES

This Site may contain links to other web sites and/or other social networking sites that we do not own or operate. We do not control, recommend, or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave the Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website or social networking site which appears or claims that it is one of our sites (including those linked to through an email).

INTELLECTUAL PROPERTY

We (or our associated or affiliated companies or third parties who have licensed its brands to Company or contributed to the Site) ("Content Owner") own or license from third parties all Site Content. All Site Content and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein remains the sole property of the applicable Content Owner and is protected under all relevant international copyright, trademark and other intellectual property laws. Nothing on the Site should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or of the other applicable Content Owner.

TERMINATION

We may, in our sole discretion for any reason, without liability or prior notice at any time:

• limit, terminate or suspend your or other users’ access to or use of the Site,
• discard, remove, and/or disable or deactivate any or all of your submissions or materials and data that you (and/or anyone else) sent to the Site, and/or
• discontinue the Site or any parts thereof.

FORWARD LOOKING STATEMENTS

The Sites may contain forward-looking statements within the meaning of Section 27A of the United States Securities Act of 1933, as amended, and Section 21E of the United States Securities Exchange Act of 1934, as amended, including, in particular, statements about future events, plans, strategies, expectations and prospects. Forward-looking statements include all statements that are not historical facts and can be identified by the use of forward-looking terminology such as the words “may,” “will,” “expect,” “anticipate,” “believe,” “estimate,” “plan,” “intend” or the negative of these terms or similar expressions. These forward-looking statements have been based on our then current views about future events and financial performance. Our actual financial performance could materially differ due to the inherent uncertainty of estimates, forecasts and projections. Our financial performance may be better or worse than anticipated. Given these uncertainties, you should not put undue reliance on any forward-looking statements. All forward-looking statements are qualified in their entirety by reference to “Risk Factors” discussed in Part I, Item 1A of our Annual Report on Form 10-K for the current fiscal year and our other United States Securities and Exchange Commission filings. Forward-looking statements represent our estimates and assumptions as of the date they were made. We do not undertake any duty to update the forward-looking statements, and associated estimates and assumptions, after the date made, except to the extent required by applicable securities laws.

JURISDICTION

We control and operate the Site from the State of Texas, USA, (the "Jurisdiction") (regardless of where hosting servers are located). All matters relating to the Site are governed by the laws of the above Jurisdiction, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to the Site shall exclusively be in appropriate courts located in the above Jurisdiction and must be brought within 1 yr after the claim or cause of action arises. We do not imply that the Site or materials on it are appropriate for use outside of the USA, as applicable. Information on the Sites concerning any products or services is applicable only in the Jurisdiction, and these products or services may not be available in all locations. If you are located outside of the USA, as applicable, you are solely responsible for compliance with any applicable local laws in your jurisdiction.

SEVERABILITY; WAIVER

If for any reason, any provision of these Terms is found unlawful, void, or unenforceable, it shall be deemed severed from these Terms and the remaining provisions will continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

DEFINITIONS/INTERPRETATION

As used herein:

"Damages"

means any and all direct, special, indirect, consequential loss or, exemplary or punitive damages or other damages of any kind, including damages for loss of revenues, profits, goodwill, use, data or other intangible losses (whether in contract, including fundamental breach, tort, including negligence, statutory or otherwise).

"including"

means including, but not limited to.

"materials sent to the Site"(and "materials you send to the Site" and other like terms)

means anything emailed, uploaded, posted or otherwise transmitted or sent to the Site (whether information, text, material, data or code or other) by you or another user.

"Related Parties"

means all of our parent, subsidiary and affiliated companies, Site Developers and other promotional partners.

"Site Contents"

means any and all text, images, audio, video, designs, names, logos, trademarks, data, code or other information, material or content on the Sites.

"Site Developer"

means any party involved in creating, producing, delivering or maintaining the Site.

"use of the Site(s)" (and "using" and other like terms)

means any and all use of the Site of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other using the Site or any material on the Site.

"Warranties"

means any warranties or representations, express or implied (including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, title, non-infringement or freedom from computer virus).

Export Restrictions

You acknowledge that any related software is of U.S.-origin, and agree to comply with all applicable international and national laws that apply to any Site, as well as end-user, end-use and country destination restrictions issued by the U.S. and other governments.

Termination

In the event of the Company’s termination or suspension of your access to the Site, and with respect to any use of a Site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts.

Children

This Site is not intended for minors. Minors and children (persons under the age of 18) are not eligible to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

Arbitration/Waiver of Class Action

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH COMPANY AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. YOU AND COMPANY AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SITE, THESE TERMS, OR CONTENT (A "DISPUTE" AS DEFINED BELOW) SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, subject to the exceptions below.

You and Company agree that these Terms affect interstate commerce and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.

Disputes

"Disputes" shall include, but are not limited to, any claims or controversies between you and Company against each other related in any way to or arising out of in any way from the Site, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Company, even if the claim arises after you or Company has terminated use of the Site or a user account or these Terms. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; (b) that Company brings against you; (c) claims in any way related to or arising out of any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) claims that arose before these Terms or out of a prior set of Terms with Company; (e) claims that are subject to ongoing litigation where you are not a party or a class member; and/or (f) claims that arise after the termination of these Terms. Disputes does not include disagreements or claims concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property, which shall not be subject to arbitration or the notice and good faith negotiation requirement described below.

Binding Arbitration Process and Procedure

Except as provided herein, if we cannot resolve a Dispute informally, any Dispute will be resolved only by binding arbitration to be held in the county in which you reside. For residents outside the United States, arbitration shall be initiated in Collin County, Texas. Company and you further agree to submit to the personal jurisdiction of any state or federal court in Collin County, Texas to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Company ℅ CT Corporation System, 1999 Bryan Street,, Suite 900, Dallas, Texas 75201. You may send a courtesy copy to Keurig Green Mountain, Inc., Attn: Legal Dept., 53 South Avenue, Burlington, MA 01803 (but this copy is only in addition to rather than instead of the letter to CT Corporation System). The arbitration will be conducted by a single arbitrator. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS' most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at http://www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If there is a conflict between the JAMS Rules (or the rules of the alternative arbitral forum selected by the parties) and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state's law.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Company will pay the additional cost. Company shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be frivolous or asserted or conducted for an improper purpose. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney's fees and expert witness costs unless Company is specifically required to pay such fees under applicable law.

If Company’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted through a telephonic hearing, or by an in-person hearing under the JAMS Rules, solely based on documents submitted to the arbitrator.

You or Company may choose to pursue a claim in small claims court where: (a) jurisdiction and venue over you and Company otherwise qualifies for such small claims court; (b) such claim advances only on an individual (e.g. non-class, non-representative) basis; and (c) where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to provide Company with advance notice by email to [email protected] and by mail to Keurig Green Mountain, Inc., Attn: Legal Dept., 53 South Avenue, Burlington, MA 01803.

These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Company on your behalf.

Authority of Arbitrator

The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial

YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO RESOLVE DISPUTES IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out. Your notice must be sent via email to [email protected] and to: Keurig Green Mountain, Inc., Attn: Legal Dept., RE: Opt-out Notice, 53 South Avenue, Burlington, MA 01803, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address, if any, associated with your account (if you have one), your signature, and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.

Parents, Subsidiaries, Affiliates

This Arbitration Agreement will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Company, or any employee, officer, director, or investor of Company, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Site, any person's access to and/or use of the Site, and/or the provision of content, products, services, communications, and/or technology on or through the Site.

Changes to This Section

Company will provide thirty (30) days' notice of any changes to this section by posting on the marketplace websites or apps, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the applicable website or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the sections entitled "Arbitration" and "Class Waiver" and the court or arbitrator shall apply the first Arbitration and Class Action Waiver sections in existence after you began using the Services.

Fraud Prevention

Company reserves the right to request further information from you to deter or investigate potential fraudulent transactions. This information may include, but is not limited to, a copy of the credit card statement that was used to complete the offers, in order to ensure a stolen credit card was not used. Company reserves the right to place any order on hold, for any reason, in order to investigate potentially fraudulent activity involving the Site. All decisions by Company regarding fraud or suspected fraud are binding and final.

Rules for Using the Site

• You will not use the Site to transmit any spyware, virus or similar destructive program or code.
• You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
• You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.
• Product obtained through coupon redemption is for personal use only. Coupons may not be used to obtain product from Snapple.com for resale. Coupons are not transferable. Snapple reserves the right to validate the information you have submitted before issuing, or before honoring an issued, a coupon. Snapple in its sole discretion may refuse to issue a coupon, may cancel an issued coupon, and/or may cancel a customer account - including rewards points in associated accounts - for any violation or suspected violation of Site Terms of Use, including if Snapple believes that fraudulent Purchase Information or Personal Information has been submitted, that a coupon has been obtained fraudulently, or that an account has redeemed fraudulently obtained coupons.
• You may not access or attempt to access the Site through any automated or non-human means, such as through bots, spiders, scripts, or software, or other means or processes to access, "scrape," "crawl" or "spider" the Site, its offers, or any related data or information.

User Generated Content

If you send, post, or otherwise provide to Company any comments, content, reviews, or other materials (“Materials”), such Materials will be treated as non-confidential and non-proprietary. Company has a company policy against accepting unsolicited product ideas in order to avoid any conflicts or confusion concerning ownership of such ideas. By posting any such Materials, you represent to Company and the other users of the Site that you have the right to reproduce the Materials on the Site. You retain whatever ownership you may have in the Materials you post, but by posting them to the Site, you grant to Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use, reproduce, derive, distribute, compile, sell, offer for sale, and commercialize any ideas, concepts, know-how, techniques or copyrighted content contained in such Materials in any way and for any purpose whatsoever. Company shall have no obligation of any kind with respect to such Materials and will be free to use, reproduce, derive, distribute, delete, compile, sell, offer for sale, and commercialize the materials to others, without limitation.

CHANGES TO TERMS

We reserve the right to update or modify these terms regarding email communication at any time. Any changes will be effective immediately upon posting the updated terms on this website/platform/service. Your continued use of the website/platform/service after such changes constitutes your acceptance of the updated terms.

CONTACT US

If you have any questions or concerns about our email communication practices or these terms, please contact us via our online email form.