TERMS OF SERVICE

Please Read the following Terms of Service and Disclaimers carefully before using this Web Site. BY ACCESSING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, MAKING A PURCHASE, AND/OR SUBMITTING INFORMATION TO PEPSICO, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED ON THIS PAGE, INCLUDING, BUT NOT LIMITED TO, CONDUCTING TRANSACTIONS ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF NEW YORK LAW.

1. Acceptance of Terms

This platform on which these terms reside (the "Site"), including the features and services made available through the Site, is owned or operated by PepsiCo, Inc. ("PepsiCo") for itself and its current and future parent corporations, subsidiaries, sister corporations, and other affiliates, whether directly or indirectly, wholly or partially, owned or controlled by PepsiCo or its parent corporations (the foregoing, collectively the “PepsiCo Affiliates”). By using this Site, you agree to be legally bound by these Terms of Service. If you do NOT agree to these Terms of Service, please do NOT use this Site. PepsiCo reserves the right to change, modify or otherwise alter any features of this Site at any time and for any purpose without notice. We also may modify these Terms of Service from time to time without notice to you, unless otherwise required by applicable law. You should visit this page regularly and review these Terms of Service for the current terms. This Site is intended for and applicable only for individuals who are legal residents of the US currently residing in one of the fifty (50) United States or the District of Columbia and at least 18 years of age or older. If you are not a legal resident of the US currently residing in the one of the fifty (50) United States or District of Columbia and 18 years of age or older, please stop and discontinue your use of this Site.

2. Your Use of Site

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software) (collectively, “Content”) is the exclusive property of and owned by PepsiCo, Inc., its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print Content on the Site solely for your personal, private and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content you access, copy, download or print. Any other use of Content on the Site, including but not limited to the modification, distribution, transmission, uploading, licensing, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, is expressly prohibited. PepsiCo or its licensors or content providers retain full and complete title to the Content, including all associated intellectual property rights. PepsiCo neither warrants nor represents that your use of Content on this Site will not infringe rights of third parties.

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Service or any applicable laws. You may not use the Site if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law. You must comply with all export restrictions that may apply to goods, software, technology, and services.

From time to time, PepsiCo may ask that you submit your feedback through the Site. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary, (b) become the property of PepsiCo and PepsiCo shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by PepsiCo, its affiliates, their respective agents and licensees at their sole discretion without any obligation, attribution, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, PepsiCo shall be under no obligation to use or respond to any such communication. We ask that you not send us any material that you do not wish for us to own.

When you use our Site, or send e-mails, text messages, or other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages from this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Registration

Some of the features on this Site may require users to create an account for Gatorade.com. If you wish to register on our Site, you agree to provide accurate information about yourself and to complete the registration form as required. You also agree that you will only register for no more than one account on the Site. We reserve the right to suspend or terminate your use of our Site if we discover that you have violated these Terms of Service. You are responsible for maintaining the confidentiality of your account details and you are fully responsible for all activities that occur under your account, either with or without your knowledge. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. You agree to notify us immediately of any known or suspected unauthorized use of your account. PepsiCo is not responsible for any delay in shutting down your account after you have reported a breach of security to us. We also cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your account data. If you do not wish to create an account for Gatorade.com during your Site visit or at checkout, you will have the option in certain instances to checkout as a "Guest." Guest checkout requires users to give us contact information (such as name, mailing address, payment information and e-mail address). The customer contact information you supply on the checkout form may be used to contact you concerning the status of an order, to answer your questions or as described in our Privacy Policy.

4. SMS Alert and Notification Services

PepsiCo may offer users the ability to subscribe to SMS Alert and Notification services. By agreeing to receive text messages from us, you agree to receive periodic autodialed SMS or text message notifications by or on our behalf for transactional and marketing purposes to the phone number you provided. You acknowledge that consent is not a condition or requirement for any purchase. You understand and agree that by opting in to receive text messages, you are providing your digital signature. Message and data rates may apply to each text message sent or received in connection with our text message services, in addition to any applicable roaming charges. Not all carriers are covered and supported carriers may change from time to time. PepsiCo does not guarantee availability or performance of the text message service and you understand that transmission delays and message failures may occur. If you wish to unsubscribe from our text message services and notifications, reply with STOP, CANCEL, QUIT, UNSUBSCRIBE, or END to any text message sent from us or on our behalf or use the unsubscribe link we provided you with in any of our text messages sent through these services. You will receive a text confirming your opt-out. You understand and agree that alternative methods of opting out, such as using alternative words or requests may not be an effective means of opting out. For more information or questions please text HELP to the number you received the messages from or by emailing our Customer Service team at https://contact.pepsico.com/Gatorade. You can also contact us using the details below for more information.

You represent that you are the account holder for the telephone number(s) that you provide. You are responsible for notifying PepsiCo immediately if you change the telephone number that you provided. You may notify PepsiCo of a number change by emailing our Customer Service team at https://contact.pepsico.com/Gatorade. You agree to indemnify PepsiCo, its parents, subsidiaries, officers, employees, and contractors and each of their respective officers, employees and agents (collectively, "Indemnified Entities") for any claims, expenses, and/or damages to the extent caused by your failure to notify PepsiCo if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. PepsiCo may suspend or terminate your receipt of text messages at any time. PepsiCo reserves the right to modify or discontinue, temporarily or permanently, all or any part of PepsiCo's text message services, with or without notice.

5. Terms of Payment

You may be asked to supply certain information relevant to a transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to PepsiCo the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

6. Pricing

PepsiCo cannot confirm the price of an item until you submit an order. If you use Subscription services, the price of an item will be set at the time each order is processed for shipment (see Subscriptions Terms and Conditions for more information). Despite our diligent efforts, it is possible that products in our catalog may be mispriced. If an item's correct price is lower than our stated price, PepsiCo will charge the lower amount and ship you the item. If the correct price of a product is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. By confirming your purchase at the end of the checkout process or otherwise completing your transaction, you agree to accept and pay for the products as well as all other associated fees, including shipping and handling charges and applicable taxes, at the price(s) in effect when such charges are incurred.

7. Availability

PepsiCo reserves the right, with or without prior notice, to do any one or more of the following except to the extent prohibited by law: (i) limit the available quantity of or discontinue any product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service.

All goods and services available on the Site are subject to change without notice and is available while supplies last. You hereby expressly accept and agree that PepsiCo, at its sole discretion, reserves the right (without obligation) to substitute goods of greater or equal value in the event products of any one item run out. Goods may be available only in limited quantities and will be distributed on a first-come, first-served basis. You should regularly consult the Site for updates regarding product availability. If an item is out of stock, PepsiCo, may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if PepsiCo, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value.

PepsiCo's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the availability of an item has been confirmed. PepsiCo aims to describe and display its products accurately on the Site. However, some items on the Site may be described inaccurately or unavailable, and PepsiCo may experience delays in updating information on the Site and in our advertising on other Sites. As a result, PepsiCo cannot and does not guarantee the accuracy or completeness of any information, including product images, specifications, and availability. PepsiCo reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. As part of our shipping procedures, PepsiCo verifies the availability and the price before an item is shipped. If an item is no longer available, or if PepsiCo determines that there were inaccuracies in our product information, PepsiCo may cancel your order and notify you of such cancellation via email.

8. Subscriptions

By selecting Subscriptions on eligible items on the Site, you agree to the Subscriptions Terms and Conditions applicable to our subscription ordering program.

9. Delivery

Delivery of the products shall be made to the address specified by the customer when placing the order depending on the shipping options chosen below. The address must be in one of the forty-eight (48) contiguous United States or the District of Columbia. Currently we do not ship to Alaska or Hawaii. If a product is currently unavailable in your area, there will be a corresponding disclaimer on the product page and at checkout.

PepsiCo has the right, but not the obligation, to subcontract all or any of its obligations for delivery of the products to any other party as it may from time to time decide without giving notice of the same to the customer.

Except to the extent required by law, no responsibility is assumed by PepsiCo for goods after they have been delivered to the carrier. The risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier. PepsiCo reserves the right to charge you for shipping fees to re-ship any products that have been returned to PepsiCo due to your shipment refusal, your failure to include a sufficient address, or if the product is otherwise undeliverable.

10. Shipping Policy

Your order will typically arrive within 2-4 business days of shipment and unless otherwise stated. Please note the estimated delivery date on your order confirmation page or updated delivery dates in email notifications and any dates quoted for delivery of the products are approximate only Delivery times may vary, especially during peak periods.

PepsiCo offers a variety of shipping methods and the shipping cost is calculated based on the location of the delivery address, shipping speed chosen the weight of the products you order among other factors. Shipping costs will be calculated at checkout or prior to shipment.

We do not ship internationally, to P.O. Boxes, or FPOS. To help ensure proper and efficient delivery of your order, your shipping address must be a street address.

11. Product Orders and Returns

All orders placed through the Site are subject to PepsiCo acceptance. This means that PepsiCo may refuse to accept or may cancel any order, whether the order has been confirmed, for any or no reason, and without liability to you or anyone else.

12. Cancellations

Orders are non-cancellable except as provided in our terms. Please reach out to our Customer Care team at https://contact.pepsico.com/Gatorade with any concerns.

13. Return and Refund Policy

All sales on Gatorade.com are final. We do not offer any refunds, returns or exchanges. If you are unsatisfied with a product that you have purchased, or you have a problem with an item in your order, please reach out to our Customer Care Team during their business hours (Monday-Friday 9am-5pm Eastern Time ("ET") to report the issue. All reports of issues or shortages must be reported within forty-five (45) days after delivery to receive support.

14. Gatorade.com Promotions

Some discount codes that offer discounts on Gatorade.com merchandise may carry certain restrictions. Please refer to the specific Gatorade program that generated the code for full information about restrictions or limitations including but not limited to whether or not that code can be combined with other discount codes or promotions at Gatorade.com. If a discount code cannot be combined, there will be a corresponding disclaimer on the checkout page or we will otherwise notify you.

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made available through Gatorade.com may be governed by rules that are separate from or supplement these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will govern with respect to the applicable Promotion.

15. Materials You Submit

You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property or other proprietary rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

In addition, you are prohibited from using the Site: (a) for any unlawful purpose or to violate any law; (b) to collect, post or track the personal information of others; (c) to spam, phish, pharm, pretext, spider, crawl, or scrape; (d) for any obscene or immoral purpose; and/or (e) to interfere with or circumvent the security features of the Site or any other computer software, hardware, or equipment.

You grant PepsiCo and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display and otherwise exploit any material and information, including without limitation, any content, ideas, concepts, images, names, and any other likeness, you submit through the Site throughout the world in any media. We may receive personal information through this Site. Please visit our Privacy Policy for information about how we handle your information. You represent and warrant that you own or otherwise have all the rights to all of the content you submit and grant under these Terms of Service; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify PepsiCo for all claims resulting from all content you supply.

16. Disclaimers; Limitation of Liability

PEPSICO MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OF THIS SITE, THE CONTENT, OR ANY OTHER MATERIALS OR FEATURES ON THE SITE, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOUR USE OF THIS SITE AND RELIANCE OF ANY SUCH MATERIALS WILL BE AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS. PEPSICO MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR ANY OTHER MATERIALS ON THE SITE WILL BE PRESERVED. PEPSICO EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE AND THE INFORMATION AND SOFTWARE THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. If you download any material from this Site, you do so at your own discretion and risk. You are responsible to take customary precautions against computer viruses, inaccuracies, typographical errors or other defects, applications or any other material or information on or made available through the Site, and you are also responsible for any damage to your computer system or loss of data that results from the download of Content or any other material on the Site.

IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL PEPSICO OR THE INDEMNIFIED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SITE INCLUDING ANY INFORMATION AND SOFTWARE CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION (COLLECTIVELY, "DAMAGES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL PEPSICO OR THE INDEMNIFIED ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PEPSICO'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL PEPSICO OR THE INDEMNIFIED ENTITIES BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF PEPSICO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS UNDER THIS PARAGRAPH MAY NOT APPLY TO YOU AND THIS PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF PEPSICO'S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER PEPSICO NOR THE INDEMNIFIED ENTITIES SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH PEPSICO IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND PEPSICO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

17. Indemnification

You agree to defend, indemnify and hold PepsiCo and the Indemnified Entities harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your and your dependent’s use of the Site or a breach of the Terms of Service.

18. Copyright Notice

Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of Gatorade by PepsiCo and its parent company, affiliates and subsidiaries. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of Gatorade by PepsiCo.

19. Cautionary Language Regarding Forward-Looking Statements

This Site may contain statements, estimates or projections that constitute "forward-looking statements" as defined under U.S. federal securities laws. Any such forward looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from PepsiCo's historical experience and our present expectations or projections. PepsiCo undertakes no obligation to publicly update or revise any forward-looking statements.

20. Third-Party Sites and Third-Party Content

Certain areas of the Site and our payment processing functions may be operated on behalf of PepsiCo by third parties and may be subject to the terms of use and/or privacy policies of those parties. PepsiCo is not responsible for any aspect of these third-party service providers or websites. Please review any terms and conditions that may apply if and when you visit any areas or receive services operated by third parties.

Our Site may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or any content located on or through, any third-party site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, which we encourage you to review.

Some of the content, services, and features on our Site, including without limitation social media Content, may be provided by or obtained from third parties. We make no representations or warranties as to the accuracy or reliability of any such content or features on our Site created or provided by third parties, or with regard to any product or service provided or offered by any third party on the Site. You acknowledge that any reliance on representations and warranties provided by a third party will be at your own risk. You expressly agree to hold PepsiCo harmless for any claims of damage arising from any such content, product, or service provided by any third party.

21. Trademarks

The trademarks displayed on the Site are registered and unregistered trademarks of PepsiCo, Inc. and its licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any trademark on the Site in violation of these Terms of Service, PepsiCo and its licensors may aggressively enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

22. Privacy

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. We respect your privacy and the use and protection of your personal information. Please see the Privacy Policy for important information and disclosures relating to our information collection and use practices.

23. Applicable Law and Jurisdictional Matters

These Terms of Service are governed and interpreted under the laws of the state of New York, United States of America. By using this Site, you consent to the jurisdiction of the federal and state courts located in New York for any action or dispute arising from or in connection these Terms of Service. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS OF SERVICE, WILL BE RESOLVED INDIVIDUALLY ON YOUR OWN BEHALF, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR MASS ACTION. YOU FURTHER AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING PROVISIONS. These terms operate to the fullest extent permissible by law.

If any portion of these Terms of Service is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. PepsiCo's failure to act with respect to a breach of these Terms of Service by you or others does not constitute a waiver and shall not limit PepsiCo's rights with respect to such breach or any subsequent breaches.

These Terms of Service constitute a binding agreement between you, your heirs, successors, affiliates, and representatives and PepsiCo and is accepted by you upon your use of the Site or your account. These Terms of Service constitute the entire agreement between you and PepsiCo regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms of Service.

24. Subscription Terms and Conditions

Subscription Terms and Conditions

By selecting to receive our subscription services, you agree to these terms and conditions ("Subscription Terms") that govern, our subscription ordering program ("Subscription"). These Subscription Terms, including the Terms of Service, constitute the entire agreement between you and PepsiCo, Inc. ("PepsiCo") relating to our Subscription program. Please note that your Subscription is governed by these Subscription Terms and our Terms of Service, which are incorporated into these Subscriptions Terms, and include disclaimers of warranties, damage and remedy exclusions and limitations, a choice of New York law. By enrolling in our Subscription program, you accept such terms, conditions, limitations, and requirements. Please read these Subscription Terms carefully as well as our Privacy Policy that describes how we handle your personal information before enrolling.

25. Cancellation

You may cancel your Subscription at any time by visiting "My Subscriptions" and/or "Subscriptions" which can be found on your Account. Click on "Cancel Subscription" to cancel your Subscription. Submit your online cancellation no later than three days before your scheduled shipment date (e.g., before 11:59pm ET the day before your scheduled shipment date) to avoid charges for that order.

26. Subscription Benefits

When you enroll in our Subscription program, you are signing up for automatic, continuous shipments of the products you choose based on the frequency you select. You may change your shipping address, and payment method by adjusting the settings in your account. Changes within 24 hours of your scheduled shipment may not apply, until your subsequent order.

PepsiCo reserves the right to change Subscription benefits at any time in its sole discretion subject to applicable laws. From time to time, components of the Subscription program, including price, promotions, taxes, availability, and shipping charges may change over the course of your Subscription. Products are available while supplies last.

27. Notifications; Automatic Order Creation; Order Changes

When you place your initial order and enroll in our Subscription program, you authorize us to send you information about the Subscription program. We will send a confirmation notice that you successfully enrolled in the Subscription and that your initial order will be processed. Your Subscription will automatically create subsequent orders according to your selected delivery schedule, until you modify or cancel your Subscription as described in these Subscription Terms or as otherwise communicated.

For subsequent orders, you will receive a pre-shipment email notification reminding you of your upcoming shipment, the period available to cancel your order and the scheduled shipment date. You can edit your shipping address and method of payment or cancel your order prior to 11:59pm ET the day preceding your designated shipment date.

28. Credit Card Authorizations and Charges

When you sign up for a Subscription, you agree to and authorize PepsiCo to collect an amount up to your initial Subscription order from the payment method(s) we have on file for you on a recurring basis, without notice. For clarity, PepsiCo will submit periodic charges based on your Subscription schedule (e.g., monthly) and may do so without further notice or authorization from you, except as otherwise stated under these Subscription Terms or required by applicable laws. Your payment method will be charged on the shipment date and you may not be entitled to a refund, if you fail to cancel your subscription prior to the shipment date.

29. Billing; Pricing; Payment

Products, promotions, fees, taxes, and other costs may vary from time to time. For each subsequent order, we will send a pre-shipment notification prior to charging you. The total amount you will ultimately be charged for an order will be disclosed in the pre-shipment notification or lower if the price of the product is lower on our site as of the time your order is authorized. Once your order has shipped, your payment method associated with your account will be billed this amount. You remain responsible for any uncollected amounts. If you wish to make changes to your payment method, visit your account settings to set your preferences. If all payment methods are declined, you must provide an eligible payment method promptly or your Subscription may be canceled. You authorize us to continue to charge any payment method, including updated methods, associated with your account.

YOUR SUBSCRIPTION WILL REMAIN IN EFFECT UNTIL IT IS CANCELLED. YOU CAN CANCEL AT ANY TIME VIA MY SUBSCRIPTIONS, WHICH CAN BE FOUND IN YOUR ACCOUNT.

30. Changes to Subscription Terms

We may, in our sole discretion, change these Subscription Terms, with or without notice to you. We will notify you electronically of material changes to these Subscription Terms as required by applicable law. If any change to these Subscription Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. EXCEPT WHERE PROHIBITED BY LAW, YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE SUBSCRIPTION TERMS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.

31. Miscellaneous

We may, in our sole discretion, terminate or suspend your Subscriptions at any time without notice. If we do so, you will be charged for orders that have been shipped. Products are only available for shipping within the forty-eight (48) contiguous US states. Your participation in the Subscription program is personal to you, and you may not assign or transfer your Subscription or any of the benefits or obligations to any third party without our express authorization. Subscriptions are void where prohibited. You may contact us with questions at the contact information below.

Is it safe to consume a Pod after the “Best By” date?

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