Terms and Conditions of Use of this Website
Revised March 7, 2011
a) This Website contains property notices and copyright information, the terms of which must be observed and followed. Unless otherwise expressly stated, We either own the intellectual property rights in the underlying HTML, text, audio and video clips (if any) and all other content that is made available to You on This Website, or have obtained the permission of the owner to use that content on This Website.
b) The trademarks, logos, and service marks (collectively the "Trademarks") displayed on This Website are registered and unregistered Trademarks of Cott Corporation and others. This Website includes numerous trademarks and additional distinctive properties that are protected under the intellectual property laws of, the United States, Canada and other jurisdictions. Specifically, the overall design and layout of This Website constitutes the exclusive trade dress of Cott Corporation, and is protected pursuant to intellectual property laws. In addition, the text and graphics are individually protectable and copyrighted subject matter that is owned or licensed by Us, and the compilation of these materials comprising This Website is copyrighted subject matter owned or licensed by Us. No logo, graphic, sound or image from This Website may be copied or retransmitted except as expressly provided herein.
c) Nothing contained in these Terms and Conditions should be construed as (i) conferring any right under any of Our or any other person's copyright in content provided here; or (ii) granting, by implication, estoppel, or otherwise, any license or right to use any Trademark or trade dress displayed here without Our written permission or the permission of the 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, including the seeking of criminal prosecution, to the extent available.
Restrictions on Use of Materials
We grant You permission, to the extent We are authorized to do so, to use materials provided on This Website (such as graphics, artwork of all kinds, documents, press releases, data sheets and FAQs) 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 Cott Corporation as the copyright owner together with a statement that the material is used by permission of Cott Corporation, in the form set out below; (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 infringement of Cott Corporation's intellectual property rights, among other legal violations, and may result in severe civil and criminal penalties. Violators may be prosecuted to the maximum extent possible. Without limiting the generality of the foregoing, You agree that You do not acquire any rights in any downloaded content of This Website. Moreover, You acknowledge that additional third party permission may be required for You to use content from This Website that is not owned by Us.
Images of people or places displayed on This Website are either Our property or used on This Website with permission. The use of these images by You, or anyone else authorized by You, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other tort laws 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 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. Cott Corporation may not be affiliated or associated with sponsors of sites which hyperlink to or from This Website and does not endorse the content appearing in other sites. We have not reviewed, investigated, monitored or evaluated the accuracy, appropriateness or completeness any of the sites linked to This Website, except for Our websites, and are not responsible for the content of any third party 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. Your correspondence and/or dealings with these third parties are solely between You and such third parties and You agree We are not responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of their presence.
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 geographic location. Such references do not imply that We do or intend to make any such products, programs or services available in Your geographic location.
Please note that by downloading computer programs or software 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
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 in Cott Corporation, and the information contained herein does not constitute an offer to sell or the solicitation of an offer to buy any such securities. If You are considering an investment, You should make Your own, independent assessment and obtain appropriate professional advice.
Use of this website
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, currency or completeness of any information, including without limitation stock price information, provided in This Website. This Website may include inaccuracies or typographical errors. All information, including without limitation stock price information, is provided on an "as is" and “as available” basis, without warranties of any kind, either express or implied, statutory or otherwise, including without limitation the implied warranties of merchantability and fitness for a particular purpose. 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 on This Website or Your downloading of any materials, data, text, images, video, or audio from This Website.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COTT CORPORATION (OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREOWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS) BE LIABLE, AT LAW, IN EQUITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, LOSS OF INCOME OR PROFIT OR DAMAGE TO PROPERTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE AND ITS USE, OR INABILITY TO USE, BY YOU.
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, actions, demands, liability, and expenses, including, without limitation, all legal and accounting 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, if any.
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 defence and control of any matter otherwise subject to indemnification by You. You will co-operate as fully as reasonably required in the defence of any claim.
Forward Looking Statements
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, uncertainties, and other factors, 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 retailers' continued commitment to their retailer brand beverage programs. The foregoing list of factors is not exhaustive. We undertake no obligation to publicly update or revise any forward-looking statements.
This Website is controlled and operated by Cott Corporation from its offices in Tampa, Florida in the United States of America. 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. By using This Website from a location other than the United States, participating in any of Our services and/or providing Us with Your Information, You are aware of and are consenting to the transfer of information You provide to Us to Our offices in the United States, Canada, the United Kingdom and/or Mexico.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida. Any action relating to these Terms and Conditions must be brought in Hillsborough County in the State of Florida and You irrevocably submit to the exclusive jurisdiction of the courts of Hillsborough County in the State of Florida in the United States, unless the federal law of the United States requires otherwise.
Copyright © 2011 Cott Corporation. All rights reserved.