www.benefitsonline.pbg.com
Terms and Conditions of Use & Privacy Policy
Important Notice
The Pepsi Bottling Group, Inc. ("PBG") is pleased to offer its
employees the use of PBG Benefits Online, a web site designed to offer
PBG employees access to information about PBG's employee benefits plans.
Your eligibility for these plans and programs and all other terms and
conditions of these plans or programs will be determined by the applicable
Plan documents. Please note that if there is any discrepancy between information
on this site and the actual plan documents, the plan documents, as interpreted
by the plan administrator in its sole discretion, will always govern.
USE OF THIS WEB SITE AND ACCESS TO THE MATERIAL IT CONTAINS IS SUBJECT
TO THE FOLLOWING TERMS AND CONDITIONS OF USE AND PRIVACY POLICY (THESE
"TERMS AND CONDITIONS"), AS WELL AS TO APPLICABLE LAWS. YOUR
ACCESS TO AND BROWSING OF THIS WEB SITE CONSTITUTES YOUR FULL ACCEPTANCE
OF THESE TERMS AND CONDITIONS. We reserve the right, at our sole discretion
and without notice to any party, to update or revise these Terms and Conditions.
Please check the Terms and Conditions periodically for changes. Your continued
use of this site following the posting of any changes to the Terms and
Conditions constitutes acceptance of those changes. These Terms and Conditions
were last revised on October 2, 2003.
Copyrights
PBG is the owner of all copyrights in and to the content, including without
limitation, all materials, documentation, text, data, graphics, graphs,
charts, buttons, photographs, HTML code, and interfaces contained on www.benefitsonline.pbg.com
and the design, selection and arrangement of the site. All rights are
reserved.
Trademarks
All trademarks, service marks, trade names, logos, and other designations
(collectively the "Marks") are the sole property of PBG, PepsiCo,
Inc., or other third parties that have granted PBG the right and license
to use or display such Marks. Nothing contained on this web site should
be construed as granting any license or right to use any such Marks without
the written permission of PBG or such third party that may own the Marks
displayed.
Disclaimer of Warranties
PBG assumes no liability or responsibility for any errors or omissions
in the content of this web site. PBG specifically disclaims any duty to
update the information on this web site. You are responsible for verifying
all information pertaining to your records located on this site.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED
"AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT
IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED.
Limitation of Liability
In no event shall PBG or any other party involved in the creation, production,
or delivery of the content of this site be liable for any direct, indirect,
special, incidental, consequential, or punitive damages of any kind, or
any damages whatsoever resulting from loss of use, computer virus or system
failure, or loss of data or profits, arising out of or in connection with
the use or performance of this web site (or the content provided at this
web site on any web site related to any third party), or users' inability
to use the content contained in this web site (or any other web site),
on any theory of liability. PBG will not be liable or responsible for
any loss or damage caused by or arising from your reliance on the content
of this site. These waivers apply even if PBG has been advised of the
possibility of such damages.
Links to Other
Web Sites
This web site contains hyperlinks to other web sites that are not operated
or controlled by PBG, including the Online Enrollment site and the sites
of benefits administrators (Third Party Sites). PBG provides such links
solely for the convenience of our employees. PBG is not responsible for
the accuracy, copyright compliance, legality, decency, or any other aspect
of the content of such sites, and such sites are not investigated, monitored,
or checked for accuracy or completeness by PBG. Since Third Party Sites
may have different privacy policies and/or security standards governing
their sites, we advise you to review the privacy policies and terms and
conditions of these sites prior to providing any personal information.
PBG makes no representation that the content on this site is appropriate
or available for use in locations outside the United States, and accessing
the content from territories where such content is illegal is prohibited.
Those who choose to access this site from locations outside the United
States do so at their own initiative and are responsible for compliance
with local laws.
Privacy and Collection
of Personal Information
PBG is committed to protecting your privacy and we take certain precautions
to help maintain the security and integrity of your personal information.
When you visit PBG Benefits Online we will not collect personal information.
By personal information, we mean data that is unique to an individual,
such as a name, address, social security number, or telephone number.
In other words, when you visit our site, you are anonymous, unless you
choose to identify yourself with us; for example, by using the Online
Enrollment web site.
Aggregate data
for reporting purposes
Any and all of the data contained in this site may be summarized in aggregate
and used to provide performance tracking reports to PBG and possibly to
other third parties. In these instances, an individual's personal information
will be in a format that cannot be identified back to the person. We will
not sell your personal information to any third party and we won't use
or transfer your personal information to anyone outside of PBG except
as necessary to administer benefits for you, unless authorized by you,
except in connection with PBG's plans and programs as required by law
or legal process, in response to law enforcement requests and as necessary
to protect the property, interests and rights of PBG.
PBG's Use of Cookies
"Cookies" are small text files that a Web site transfers to
a site visitor's hard disk or browser for added functionality, or for
tracking Web site usage. We do not use cookies on the PBG Benefits Online
site.
Records
A printed version of these Terms and Conditions and of any notice given
in electronic form will be admissible in judicial or administrative proceedings
relating to these Terms and Conditions to the same extent and subject
to the same conditions as other business documents originally generated
and maintained in printed form. For purposes of any dispute, PBG's records
shall be conclusive in all respects.
Integration and Severability
These Terms and Conditions constitute the entire agreement between you
and PBG with respect to this site and supersede all prior or contemporaneous
communications and proposals (whether oral, written, or electronic) between
you and PBG with respect to this site. If any part of these Terms and
Conditions is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions shall
remain in full force and effect.
Choice of Law and Forum
These Terms and Conditions shall be governed by and construed in accordance
with the laws of the state of New York, without regard to such state's
rules regarding conflicts of laws. By accessing this web site, you agree
that courts located in New York, New York shall have exclusive jurisdiction
over all claims and actions arising out of or relating to these Terms
and Conditions and/or your use of this site, and you further agree and
submit to the exercise of personal jurisdiction of such courts for the
purpose of litigating any such claim or action.
Copyright ©
2003 The Pepsi Bottling Group, Inc. All Rights Reserved.
Last updated:
October 2, 2003
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