LAST UPDATED: 15 November 2013
In these Terms and Conditions, 'affiliated entities' means any direct or indirect parent, subsidiaries, sponsors, or affiliated companies of Odwalla, Inc. and shall include any authorized bottlers of Odwalla, Inc. and its parent company.
2. Intended use of the Site. The Site, its features and its Content (as defined below) are for personal and non-commercial use only. You may not use or otherwise exploit the Site and/or any Content in connection with any business or commercial undertaking (whether or not for profit). Your use of the Site and/or Content must at all times comply with all applicable laws, rules and regulations.
3. Content we make available on the Site. Odwalla may make available via the Site content, including (but not limited to) information, comments, reviews and other texts, photos, pictures and other images, films, movies, music and other audio files, software, applications or games (together referred to as "Content"). We, our affiliated entities and/or our licensors own all Content made available through the Site. Such Content is subject to copyright, trademark or other intellectual property rights and laws. Unless expressly stated otherwise, you may not reproduce, modify, disseminate or otherwise exploit our Content in any way or form without our prior express approval.
In addition, you acknowledge that the Site itself is protected by copyright law. You further acknowledge that Odwalla owns the trademark "Odwalla" and all associated Odwalla trade names, service marks and logos. All other trademarks used on the Site are the property of their respective owners. Odwalla trademarks and Odwalla logos may only be used in conjunction with goods produced by Odwalla or with the express prior approval of Odwalla. For the avoidance of doubt, the Odwalla corporate logo may only be used by Odwalla.
PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE) MAY IN PARTICULAR JURISDICTIONS RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
4. Content you share with us. We may include features on the Site that allow you to share your Content with us and other users of the Site. Please note that by sharing Content through the Site, your Content may become publicly accessible. You grant to Odwalla and its affiliated entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such Content, in any media now known or hereafter developed, for Odwalla and/or the affiliated entities' business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. The foregoing licenses shall survive any termination of your use of the Site, as further described below. For all of the Content you share through the Site, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such Content, and your provision or creation thereof through the Site, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. You further, to the extent permissible by law, irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of user content that you submit. Please note that we do not solicit or encourage submissions of Content containing ideas or suggestions relating to the Site, our business or our affiliated entities' businesses. If you send us any ideas or suggestions, regardless of the topic, we and our affiliated entities will have no obligations with respect to such ideas or suggestions and may use them for any purpose whatsoever.
5. Rules of Conduct. In using the Site, you agree to comply with the following "Rules of Conduct" as updated from time to time by us. Odwalla will fully cooperate with any law enforcement authorities and/or court order requesting or directing Odwalla to disclose the identity of anyone that has engaged in any violation of the Rules of Conduct, including (but not limited to) anyone that has posted information or materials in violation of the Rules of Conduct, and Odwalla reserves the right to moderate (including removing) any such information or materials at any time from this Site. While we may monitor and moderate your Content submitted via the Site, we are under no obligation to do so and assume no responsibility or liability arising from the Content, nor for any error, defamation, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any user-generated Content on the Site.
a. You are prohibited from posting or transmitting, through or in connection with the Site:
i. Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
ii. Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
iii. Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation; and
iv. Any material non-public information about a company without the proper authorization to do so.
b. In addition, you will not:
i. Use the Site for any fraudulent or unlawful purpose;
ii. Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site;
iii. Impersonate any person or entity, including any of our (or our affiliated entities') representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make;
iv. Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
v. Access or use the Site through any technology or means other than those expressly designated by us (including, unless expressly designated by us, television set top boxes, television game consoles, digital video recorders or players, or video screens packaged and marketed as television sets);
vi. Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site);
vii. Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;
viii. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
ix. Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
x. Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
xi. Frame or mirror any part of the Site without our express prior written consent;
xii. Create a database by systematically downloading and storing all or any Site content; or
xiii. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent.
6. Links. The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
8. Liability. While we endeavor to maintain the information on this Site accurate and up-to-date, you acknowledge that this Site and all Content, information and materials made available through this Site are provided to you "as is" without any express warranties or representations of any kind. Odwalla, its affiliated entities and their respective licensors disclaim all statutory and implied representations, warranties, terms and conditions with respect to this Site and all Content, information and materials made available through this Site, including without limitation implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not promise THAT THIS SITE, NOR ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THIS SITE, WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR FREE OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. WITHOUT LIMITING THE FOREGOING, ODWALLA, ITS AFFILIATED ENTITIES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS MAKE NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY THIRD PARTIES; (B) THAT THIS SITE AND/OR ANY OF ITS FEATURES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THIS SITE AND/OR ANY OF ITS FEATURES WILL BE UNINTERRUPTED OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE SITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE SITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Neither Odwalla nor its affiliated entities, nor any of its agencies, nor any other party involved in creating, producing, or delivering the Site, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of or in connection with your access to, or use of, the Site, its features or any Content made available through the site, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE SITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
11. Claims of Copyright Infringement. For information on how to report a claim of copyright infringement under The Digital Millennium Copyright Act of 1998 (the "DMCA"), please refer to our Copyright Policy.
12. Filtering. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: (GetNetWise) and (OnGuard Online). Note that we do not endorse, support or approve any of the products or services listed at such sites.
13. Contact. This Site is operated by
1900 Davis Dr.
Dinuba, CA 93618
Site ©2013 Odwalla, Inc., a wholly-owned subsidiary of The Coca-Cola Company. All rights reserved.