4. Registration, Account and Communication Preferences
In order to access and use certain areas or features of the Sites, you will need to register for an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account. By creating an account with us, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
5. Online Payments
By accessing, viewing or using our online payment service, you authorize us to establish and maintain your invoices and payment authorizations and process your payments according to your instructions. You also represent and warrant that you are authorized to use the designated payment method. DS Services reserves the right to terminate your access to the online payment service at any time with or without cause or prior notice in our sole discretion. When you send DS Services a payment authorization, you authorize DS Services to charge your transaction account and remit funds on your behalf. DS Services anticipates completing most transactions and posting your payment within two (2) business days of the date you designate. Due to circumstances beyond the control of DS Services, some transactions may take more than two (2) business days to post. Therefore, DS Services should receive payment authorizations at least three (3) business days before the actual payment due date. If you send a payment authorization less than three (3) business days before the payment due date, you may be assessed late charges and penalties by DS Services if your payment does not post prior to the due date. If your financial institution or the holder of the account from which you have designated payment is unable to complete your transaction including, but not limited to, insufficient funds, the transaction may not be completed, and DS Services may charge you for any returned credit/debit card charges. DS Services does not charge you any additional fees for submitting online payments; however, you may incur charges from your financial institution to make these payments.
6. License to Access and Use Our Sites and Content
The works of authorship contained on the Sites, including, but not limited to, all design, text, graphics, sound recordings, images and logos (collectively “Copyrights”), are owned, except as otherwise expressly stated, by DS Services and are protected by United States and international copyright laws and regulations. In addition, DS Services owns a copyright to the Sites as a collective work or compilation, and in the selection, coordination, enhancement and arrangement of the content of the Sites. Except as otherwise expressly stated herein, the Copyrights may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of DS Services. DS Services does not grant any express or implied rights to you in the Copyrights and enforces its intellectual property rights to the fullest extent of the law. Please note that the unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.
“DS Services,” Alhambra®, Deep Rock®, Belmont Springs®, Crystal Springs®, Hinckley Springs®, Kentwood Springs®, Mount Olympus®, Sparkletts®, Sierra Springs®, Athena®, Nursery® , Standard Coffee®, Javarama®, Relyant® and PolyCycle Solutions™ and any other service names, logos or slogans that may appear on the Sites are trademarks of DS Services and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing any name, trademark or product or service name of DS Services without our prior written permission. In addition, the look and feel of the Sites, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of DS Services and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, service names and company names or logos mentioned on the Sites are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by DS Services.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Sites for noncommercial purposes, provided that such link does not portray DS Services or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a DS Services logo or other proprietary graphic of DS Services to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any DS Services trademark, logo or other proprietary information, including the images found on the Sites, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent. Links to non-DS Services websites are provided solely as pointers to information on topics that may be useful to you. DS Services makes no representation or warranty, either expressed or implied, about the content of any non-DS Services website, including but not limited to the accuracy, completeness, reliability or suitability thereof for any particular purpose. Links to non-DS Services websites do not imply that DS Services endorses, or is responsible for, the opinions, ideas, products, information or services offered by the non-DS Services websites.
10. Third Party Content
We may display content, advertisements and promotions from third parties through the Sites (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.
11. User Conduct
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from such user and DS Services;
- Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
- Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
- Develop any third party applications that interact with User Content or the Sites without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
- Bypass or ignore instructions contained in the robots.txt file that controls all automated access to the Sites; or
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about DS Services, the Sites or any of our products or services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of DS Services. DS Services shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13. Site Disruptions
DS Services is not responsible or liable if or when your access to the Site(s) is or becomes delayed, limited, slow or otherwise unavailable due to any reason, including hardware or software failure; overload of system capacities; damage caused by severe weather, earthquakes, hurricanes, natural disasters or other acts of God; wars, insurrections, riots, acts of terrorism; interruption of power or other utility services; strikes or other work stoppages; governmental or regulatory restrictions; court or administrative orders or rulings; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of DS Services. Furthermore, DS Services is not liable for any computer viruses, malicious code or other defect in the Sites or incompatibility among the Sites, files and your browser or other site accessing program.
14. Disclaimer of Warranties
WE ATTEMPT TO DISPLAY OUR PRODUCTS AND SERVICES AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND PRODUCT AND SERVICE DESCRIPTIONS, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DS SERVICES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES AND CONTENT, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR CONTENT WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS AND LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER WARRANTY RIGHTS THAT VARY FROM STATE TO STATE. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) at any time without notice. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
15. Limitation of Liability
16. Modifications to the Sites
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) at any time.
17. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH DS SERVICES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
a. Binding Arbitration
b. No Class Arbitrations, Class Actions or Representative Actions
c. Federal Arbitration Act
d. Notice; Informal Dispute Resolution
You and DS Services agree that each party will notify the other party in writing of any Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to DS Services shall be sent by certified mail or courier to DS Services of America, Inc., Attn: Legal Department, 2300 Windy Ridge Parkway, Suite 500N, Atlanta, Georgia 30339. Your notice must include (a) your name, postal address, telephone number, account number (if you have one) and an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. If you and DS Services cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or DS Services may, as appropriate and in accordance with this Section 17, commence an arbitration proceeding.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 11 OR DISPUTES IN WHICH EITHER PARTY SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND DS SERVICES AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR DS SERVICES WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND DS SERVICES WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and DS Services agree that (a) any arbitration will occur in Cobb County, Georgia, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Georgia and the United States, respectively, sitting in Cobb County (for state) and Fulton County (for federal), have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
f. Authority of Arbitrator
g. Rules of JAMS
h. Opt-Out Right
18. Governing Law and Venue
19. Termination of Access