Terms of Use
PLEASE NOTE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION THAT REQUIRES DISPUTES FOR USERS IN THE U.S. AND CERTAIN OTHER COUNTRIES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE “ARBITRATION AND CLASS WAIVER” SECTION. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SITE (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SITE IN ANY MANNER.
 
Updated: 2021-06-23

These Terms of Use (“Terms”) are a legal agreement between Company (defined below) and you, and describe the rules and conditions governing your use of those Company web sites, web pages, interactive features, applications, widgets, blogs, text numbers, social networking sites and other Company online or wireless offerings, and their respective contents, that post a link to these Terms, including those listed above, whether accessed via computer, mobile device or other technology (“Site” and “Sites”). The Sites are offered by Dr Pepper/Seven Up, Inc. on behalf of itself and its parent, Keurig Dr Pepper Inc., or its affiliates and subsidiaries, and its Site developers and other promotional partners (collectively, “the Company,” or “we”, “us”, “our”). Some of our other sites and/or programs may have their own, possibly different, policies that are posted on their own sites. We encourage you to review those policies when using those sites.

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 using the Site, you agree to be bound by these Terms,the Company Privacy Policy (the “Privacy Policy”), which is hereby incorporated by this reference into these Terms, and any additional terms for certain features as may be applicable. If you do not agree to these Terms, do not use the Site. Company reserves the right to modify or change these Terms from time to time, at Company’s sole discretion, without prior notice to you. Please periodically visit this section of the Site to review the current version of these Terms. By using the Site you agree to the most current version of the Terms and any and all future changes that may be placed in effect. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND COMPANY REGARDING THE SITE.

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, perform, reuse, retransmit, adapt, publish, translate, frame, upload, modify, create derivative works from or based upon, transmit, decompile, disassemble, reverse engineer, incorporate into any hardware or software application, broadcast, distribute or otherwise use or exploit, in whole or in part, any Site Content (as defined below), including but not limited to any software or any other item, in any way, including for any public or commercial purpose whatsoever, without our express authorization.  You agree that if you download or print any images from the Site you do so solely for your own personal use and will not remove any copyright, trademark, and other notices that appear within the Site. No right, title, or interest in any downloaded or printed Content is transferred to you as a result of any such downloading or printing or any other use.
You will not knowingly provide or post any false, misleading, or fraudulent information.
You will not hold yourself out as someone you are not or otherwise impersonate any person while using the Site.
You will not use the Site for any illegal purpose.
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 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.
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, harassing, obscene, vulgar, scandalous, inflammatory, pornographic, indecent or profane, hateful, racially, culturally or ethnically offensive, otherwise inappropriate or disruptive, that encourages criminal conduct, that gives rise, or potentially gives rise, to civil or criminal liability, that could constitute or encourage a violation of any applicable laws, rules, regulations or government guidelines (“Applicable Laws”), that infringes or violates other parties’ intellectual property, publicity, or privacy rights or links to infringing or unauthorized content, or that is otherwise objectionable.
You will not interfere or tamper with the functioning of the Site, will not do anything on the Site that would prevent other users’ access to or use of the Site or any part thereof, and will not attempt to gain access to information or control of the Site not specifically granted to you.
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.
In order to create an account on this Site, you must be at least eighteen (18) years old and create a username and password. 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 (“Materials”) 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. By posting any Materials to the Site, 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 whatever purpose. 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.

MOBILE SERVICES
To the extent you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. By accessing the Site through a mobile device, you agree that we may receive information about your usage of the Site. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Company’s control, and Company is not responsible or liable for issues arising from them.

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, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU;
ALL CONTENT ON THE SITE IS PROVIDED TO YOU “AS IS”; “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY; 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.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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 CLAIMS, ACTIONS, DAMAGES, COSTS AND EXPENSES, LIABILITIES, AND JUDGMENTS, 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, warrant, or endorse and are not responsible for these sites or their content, products, goods, 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). You visit other sites or engage in business with any third party at your own risk.

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 functionality, 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.
Company grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use any proprietary software necessary to use the Site, including any updates and enhancements, in object code form, including on your mobile device, if necessary (the “License”). Except as otherwise expressly provided, Company grants no other express or implied rights to you in regard to the Site. The License granted to you may not be sublicensed, commercially distributed, or shared with any third party without the prior written consent of Company. Except as otherwise expressly provided, 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.

TRADEMARK NOTICE
Company names and logos and all related product and service names, design marks and slogans are the proprietary property of Company. All rights are reserved. Site visitors are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing on the Site are the property of their respective owners.

TERMINATION
The Terms shall remain effective until terminated as outlined herein. You agree that Company in its sole discretion may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. In such event 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. You agree that any actions taken under this Section may be effective without prior notice to you. You agree that Company may discontinue the Site or any parts thereof at any time.

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.

CHOICE OF LAW.
We control and operate the Site from the State of Texas, USA, and/or in the case of certain sites, the Province of Ontario, Canada (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. We do not imply that the Site or materials on it are appropriate for use outside of the USA or Canada, 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 or Canada, as applicable, you are solely responsible for compliance with any applicable local laws in your jurisdiction.

ARBITRATION AND CLASS WAIVER (FOR USERS IN THE U.S.)
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.
1. 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.
2. Binding Arbitration Process and Procedure
2.1 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.
2.2 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.
2.3 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.
2.4 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.
2.5 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 KDP.Legal@kdrp.com and by mail to Keurig Green Mountain, Inc., Attn: Legal Dept., 53 South Avenue, Burlington, MA 01803.
2.6 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.
3. 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.
4. 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.
5. 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 KDP.Legal@kdrp.com 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.
6. 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.
7. Changes to This Section
7.1 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.
7.2 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.
8. Severability
Subject to the section titled “Waiver of Class or Consolidated Actions,” if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
9. Survival of Agreement
This Arbitration Agreement will survive the termination or expiration of these Terms or your relationship with Company.
10. WAIVER OF CLASS OR CONSOLIDATED ACTIONS. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
10.1 Company and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Company and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party.
10.2 The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other Company users, and cannot be used to decide other disputes with other users.
10.3 If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Collin County, Texas.
10.4 If any clause within this Waiver of Class or Consolidated Actions Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
10.5 This Waiver of Class or Consolidated Actions Section 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 is a Dispute.
10.6 This Waiver of Class or Consolidated Actions Section shall survive any termination of your account or the Services.

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).

CHANGES.
We may change or add to the information on the Sites and/or these Terms, at any time without prior notice. Changes will be effective when posted. You should regularly review these Terms for any updated version. Your use of the Site after changes are made will be considered your acceptance and agreement to be bound by such changes. By providing continued access to the Site, we are providing you consideration for agreement to such changes. If you object to any changes, your sole recourse is to stop using the Site.

CONTACT US.
If you have any questions or concerns regarding these Terms, please contact us at:
Attn: Dr Pepper Snapple Group Consumer Relations
6425 Hall of Fame Lane
Frisco, TX 75034
Re: Terms of Use (please refer to the applicable site and date of these Terms of Use)
Telephone: 1-800-696-5891
E-Mail: send us an email