LEGAL NOTICES REGARDING USE OF THE ROYAL CROWN COLA INTERNATIONAL ("RCCI") WEBSITE
Conditions of Use of this Website
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Your access to and use of the Royal Crown Cola International (“RCCI”) Website (“This Website”) is subject
to the following terms and conditions (the “Terms and Conditions”) and any other law, regulation, rule or
ordinance that applies to This Website, the Internet and/or the World Wide Web. Please read these Terms and
Conditions carefully. By accessing and using This Website, you, the user (“You”) agrees to be bound by these
Terms and Conditions, and any modifications or revisions made to them from time to time. RCCI is a division
of Cott Beverages Inc., which is a subsidiary of Cott Corporation (collectively, Cott Beverages Inc. and Cott
Corporation are referenced herein as “Cott Corporation”). This Website is produced and owned by Cott Beverages
Inc. References herein to the terms “We”, “Us”, or “Our” means Cott Corporation. We may revise any of these
Terms and Conditions at any time without notice, by updating this posting. For material changes to this Terms
and Condition, We will notify You by placing a prominent notice on This Website.
Intellectual Property
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a)The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on This Website are registered and unregistered Trademarks of Cott Beverages Inc. and others. This Website includes numerous trademarks and additional distinctive properties that are protected under the trademark laws of the United States and other jurisdictions. Specifically, the overall design and layout of This Website constitutes the exclusive trade dress of Cott Beverages Inc., and is protected pursuant to relevant laws. In addition, the text and graphics are individually protectable and copyrighted subject matter that is owned by Us and third parties, and the compilation of these materials comprising This Website is copyrighted subject matter owned by Us. No logo, graphic, sound or image from This Website may be copied or retransmitted except with express consent of that content’s owner.
b)Nothing contained in these Terms and Conditions should be construed as (i) conferring any right to You to use Our or any other person's copyright in content provided here; or (ii) granting, by implication, estoppel, or otherwise, any license or right to You to use any Trademark or trade dress displayed here without Our written permission or the permission of such third party that may own such trademark or trade dress. You are also advised that We will aggressively enforce Our intellectual property rights to the fullest extent of the law.
c) Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, We have designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Our agent with the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed; 3. A description of where the material that you claim is infringing is located on This Website; 4. Your address, telephone number, and email address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use; and 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on this Website is JoAnn Holmes, who can be reached as follows: by email at jholmes@cott.com or by physical mail at: ATTN: JoAnn Holmes; 5519 W. Idlewild Ave; Tampa, FL 33634 USA.
Upon receipt of the written notification containing the information as outlined in 1 through 6 above, We may remove or disable access to the material that is alleged to be infringing and/or if We believe that a notice of copyright infringement has been wrongly filed against it, We may file a counter-notification.
Restrictions on Use of Materials
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We grant You permission, to the extent We are authorized to do so, to use materials provided on This Website (such as graphics, artwork, documents, etc.) subject to the following terms and conditions: (a) any and all reproductions (in any manner, electronic or otherwise) of material published on This Website must include a copyright notice which identifies the appropriate copyright owners of that material, together with a statement that the material is used by permission of that copyright owner, according to their required consent notification language;(b) use of any and all material taken from This Website shall be for personal, informational purposes only and shall not be used for commercial or trade purposes, nor posted or otherwise made available on any network computer or in any media; and (c) no modifications of any material taken from here shall be made, whether through deletion, addition or in any other manner. Use for any other purposes and/or in any other manner is expressly prohibited, shall constitute copyright infringement, among other potential legal violations, and may result in severe civil and criminal penalties. Violators may be prosecuted. Without limiting the generality of the foregoing, You agree that You do not acquire any rights in any downloaded or reproduced content of This Website.
Use of the images of people or places displayed on This Website is prohibited. Any unauthorized use of those images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
This Website includes discrete factual disclosures about Us, Our business, Our manner of doing business, and Our customers and customer relations that You may view for informational purposes in accordance with these Terms and Conditions. Taken collectively, however, You agree that this information constitutes Our proprietary information, and You agree not to utilize this information in a competitive manner or in trade.
No Endorsement
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No endorsement of any third party products or services is expressed or implied by any information, material or
content referred to or included on, or which may be linked to or from This Website. We make no representation herein that We are affiliated or associated with sponsors of sites which hyperlink to or from This Website and We do not endorse the content appearing in non-affiliated sites.. We have not reviewed any sites
linked to This Website, except for Our websites, and are not responsible for the content of any off-site pages
or any other sites linked to This Website, and have no control over the nature and contents of such sites and
are not recommending those sites, the information they contain nor any third party's products or services.
Information published by Us on This Website may contain references or cross references to products, programs
or services that are not announced or available in Your location. Such references do not imply that We do or
intend to make any such products, programs or services available in Your location.
Please note that by downloading computer programs from certain sites, You risk infringing copyright and may
introduce computer viruses into Your own system. Linking to This Website, off-site pages or other sites is at
Your own risk and without Our permission.
No Invitation or Recommendation to Invest
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No information on This Website constitutes or shall be deemed to constitute an invitation or recommendation to invest or otherwise deal in shares or other securities of Our business entities, and the information contained herein does not constitute an offer to sell or the solicitation of an offer to buy any such securities.
Privacy Policy
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By accessing or using This Website, you agree to the terms of our privacy policy (the “Privacy Policy”), as outlined below. If you do not agree with the Privacy Policy, please do not access or use This Website. We reserve the right to change the Privacy Policy from time to time at our sole discretion. Therefore, please read the Privacy Policy from time to time to ensure that you are aware of its most current terms. Your use of This Website will be subject to the most current version of the Privacy Policy at the time of such use.
This Privacy Policy covers the treatment of any information that personally identifies you or allows us to contact you (“Personal Information”), which may be submitted by you when you are using This Website. The Privacy Policy also covers our treatment of any Personal Information that we share with our business partners. The Privacy Policy does not apply to the practices of companies that we don't own or control, or to people that we don't employ or manage.
We will explicitly ask when we need Your Personal Information. Generally, we will request this information in response to a request by you for a particular service or materials from us, and will use that information solely for that purpose.
We do not knowingly collect information from children under the age of 13 and This Website does not target information to children under 13. We are committed to protecting the privacy needs of children and we encourage parents to take an active role in your child's online activities and interests. If you are under 13, please do not provide us with any information about yourself.
We take seriously the trust you place in us, and we will not sell, rent, or lease your Personal Information. We may share your Personal Information with business partners for purposes of having your inquiry or request processed on our behalf. However, we will not share your Personal Information with any other third parties unless (1) we are required to do so by law, including the requirements of any stock exchange or securities commission, or in the good-faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on Us or This Website, (b) protect and defend our rights or property, This Website or the users of This Website, and (c) act under exigent circumstances to protect the personal safety of Our users, This Website or the public; or (2) in the event of a sale, merger, liquidation, dissolution, reorganization or acquisition of Our company or one of Our business units. In addition, we may provide aggregate statistics about users, sales, traffic patterns, and other information to third parties, but these statistics will not include any Personal Information.
We strive to keep your Personal Information accurate, and whenever possible, we will provide you with the means to make sure that Your Personal Information is correct and current. We will maintain the security of your Personal Information, and protect the integrity of such, with a commercially reasonable degree of care.
When you view This Website, we may store some information on your computer. This information will be in the form of a “Cookie” or similar file and it is used to verify computer systems that have previously accessed This Website. With most Internet browsers, you can erase Cookies from your computer hard drive, block all Cookies or receive a warning before a Cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.
If you have questions or concerns about your privacy when using This Website, please contact us by e-mail at: privacy@cott.com or by mail at:
Cott Corporation
Corporate Communications
5519 W. Idlewild Avenue; Tampa, FL 33634
USA
We will work with you to answer any concerns you have about the Privacy Policy.
Limitation of Liability
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a) a) This Website is provided for informational purposes only. We do not represent or warrant that This Website will be accessible or available on a timely basis, or that access here will be uninterrupted or error-free. We do not warrant the quality, accuracy or completeness of any information that may be provided in This Website. This Website may include inaccuracies or typographical errors. All information is provided on an “as is” basis, without warranties of any kind, either express or implied, statutory or otherwise. Any such information may be or become outdated or inaccurate and/or may be changed or updated without notice. We may also make improvements and/or changes in the products, services and/or programs described here at any time without notice.
b) We may add, remove, enhance, alter, improve and/or otherwise change material posted at This Website from time to time. Because of the nature of websites, decisions should never be made based solely on website information and without first verifying and/or otherwise corroborating information posted here with other sources deemed to be reliable by You.
c) We neither warrant nor represent that Your use of materials displayed on This Website will not infringe rights of third parties not owned by or affiliated with Us.
d) We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, Your computer equipment or other property on account of Your access to, use of, or browsing in This Website or Your downloading of any materials, data, text, images, video, or audio from This Website.
e) Any communication or material You transmit to This Website by electronic mail or otherwise, including any data,
questions, comments, suggestions or the like (collectively, “Feedback”), excluding Personal Information as
described in the Privacy Policy, is, and will be treated as, non-confidential and non-proprietary. We shall have
no obligation of any kind with respect to the Feedback and shall be free to use it for any purpose, including,
but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, We
are free to use any ideas, concepts, know-how, or techniques contained in any such Feedback for any purpose
whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such
Feedback. Posting or transmitting any unlawful, threatening, defamatory, obscene or other inappropriate material
is prohibited, and We may, at Our sole discretion, terminate Your access to This Website immediately if you post
or transmit any such material.
IN NO EVENT SHALL COTT BAVERAGES (OR ITS PARENTS, AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREOWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, DIRECTORS, INFORMATION PROVIDERS OR LICENSORS) BE LIABLE, AT LAW, IN EQUITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE AND ITS USE BY YOU.
Indemnification
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To the maximum extent permitted by applicable law, You will defend, indemnify and hold Us harmless, and each of
Our respective directors, officers, employees, consultants and agents from and against all claims, liability, and
expenses, including all legal fees and costs, arising out of: (a) Your breach of any provision of these Terms and
Conditions; or (b) Your use of This Website, the content contained in This Website and the placement or
transmission of any information or other materials on This Website made by You or others using Your account.
You agree to notify Us immediately after You become aware of any unauthorized use of Your information or account
on This Website and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.
We reserve the right, in Our sole discretion and at Our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by You. You will co-operate as fully as reasonably required in
the defense of any claim.
Forward Looking Statements
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This Website may contain forward-looking statements reflecting management's current expectations regarding future
results of Our operations, economic performance, financial condition and achievements. Forward-looking statements,
specifically those concerning future performance, are subject to certain risks and uncertainties, and actual
results may differ materially. These risks and uncertainties are detailed in Cott Corporation's Annual Report
on Form 10-K filed with the Securities and Exchange Commission and from time to time in Cott Corporation's other
filings with the appropriate securities commissions, and include stability of procurement costs for raw and
packaging materials, adverse weather conditions, competitive activities by national, regional and retailer brand
beverage manufacturers, Our ability to integrate acquired businesses into its operations, fluctuations in
currency versus the U.S. dollar, the uncertainties of litigation, and other variable market conditions. The
foregoing list of factors is not exhaustive. We undertake no obligation to publicly update or revise any
forward-looking statements.
Jurisdiction
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This Website is controlled and operated by Cott Beverages Inc. from the United States. We do not represent or warrant that materials on This Website are appropriate or available for use in locations other than the United States. If You choose to access This Website from other locations, You do so at Your own risk and are responsible for compliance with any and all local laws.
These Terms and Conditions will be governed by and construed in accordance with the laws of the United States.
Copyright © 1997-2007 Cott Corporation, 207 Queen's Quay West, Suite 340, Toronto, Ontario, M5J 1A7. All rights reserved.
Most recently updated August 2010
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