IMPORTANT- READ THIS AGREEMENT CAREFULLY: YOUR USE OF THE ItemForm.COM WEBSITE
AND SERVICES (THE "SERVICES") IS CONDITIONED UPON YOUR ACCEPTANCE OF, AND COMPLIANCE
WITH, THESE TERMS.
As used herein, ‘you,’ ‘your,’ and ‘user’ means the person, including the company
or organization the person represents, that registers on this website, and “we,’
‘our,’ ‘us,’ ‘ITEMFORM.COM’ refers to Molson Coors Beverage Company.
1. ACCEPTANCE OF TERMS. ITEMFORM.COM makes available for your use on this web
site (the "Site") information content (the "Information") and various services,
including but not limited to the ITEMFORM.COM vendor registration portal, vendor
information management dashboard, and vendor document repository (the "Services"),
subject to the terms and conditions set forth in this document (the "Terms of Use").
By accessing this Site, you agree to the Terms of Use. ITEMFORM.COM shall have
the right, in its sole discretion and with reasonable notice posted on the Site
and/or sent to your email address provided in the Services, to revise, update, or
otherwise modify the Terms of Use and Services, temporarily or permanently. Your
continued use of the Services will constitute your acceptance of, and agreement
to, such changes. Your use of this Site will be subject to the most current version
of the Terms of Use posted on the Site at the time of such use. If you breach any
of the Terms of Use, ITEMFORM.COM will terminate your authorization to use this
Site.
2. SERVICES PROVIDED. ITEMFORM.COM, indirectly through an unaffiliated Internet
service provider, shall provide you with electronic access, through your computer
or other electronic device (collectively "Computer"), to the Information and Services
provided on the Site.
3. USER CODES. As part of your registration process, you may be asked to select
a user name ("Name") and/or password ("Password") (the Name and Password are hereafter
referred to as ("User Codes"). The User Codes are for your personal use only. You
are responsible for maintaining the confidentiality of the User Codes, and you agree
not to provide them to any third party. You are responsible for all statements made
and acts or omissions that occur while your User Codes are being used. You are responsible
for any breach of security caused by your failure to maintain the confidentiality
of your User Codes. You agree to notify ITEMFORM.COM immediately, by email to
SUPPORT@ITEMFORM.COM, in the event of loss or theft of your User Codes, or
if you believe the confidentiality of your User Codes has been compromised in any
way, or in the event you learn about a possible or actual unauthorized use of the
Site with your user codes. ITEMFORM.COM reserves the right to revoke your User
Codes at any time without prior notice.
4. PRIVACY. The user's right to privacy is of paramount importance to ITEMFORM.COM.
Proprietary and confidential information provided by the user will not be shared
with any third party other than designated by you via the user access designation
functionality. The users shall have the ability to designate which ITEMFORM.COM
customers can access their screening information that they upload onto the site.
ITEMFORM.COM shall use best efforts to maintain such access selections made by
you. You hereby acknowledge and agree that general business contact information;
and product or services offered by your company may be accessed through the Site
by our customers and other authorized users of our Services. ITEMFORM.COM reserves
the right to use the information to provide the user a more personalized online
experience. For details about ITEMFORM.COM’s privacy policies, please refer to
the ITEMFORM.COM Privacy Policy, accessible online via the Site.
5. RESERVATION OF RIGHTS AND OWNERSHIP. The Services are licensed, not sold. ITEMFORM.COM
reserves all rights not expressly granted to you in this Agreement. The
Services are protected by copyright, trade secret and other intellectual property
rights. ITEMFORM.COM owns all right, title and interest in and to the Services
and all intellectual property rights therein. This Agreement does not grant you
any rights to trademarks or service marks of ITEMFORM.COM. ITEMFORM.COM will
not use your trademarks or service marks without your prior consent, which will
be given in your sole discretion.
6. COPYRIGHT AND TRADEMARK NOTICE. All content provided by ITEMFORM.COM on the
Site is copyrighted material. ITEMFORM.COM and its logos are trademarks of ITEMFORM.COM
, all rights reserved. All other trademarks and copyrights appearing on the
Site are the property of their respective owners. The trademarks, trade names, logos
and service marks ("Marks") displayed on the Site are protected by applicable copyright,
patent, trademark or other intellectual property law. Except as expressly authorized
herein, you may not copy, reproduce, transmit, sell, display, distribute, publish,
broadcast, circulate, modify, disseminate, or commercially exploit such Marks in
any manner (including electronic, print or other media now known or hereafter developed)
without the prior written consent of the Marks’ owner. Without limiting the foregoing,
you also agree not to use the Marks for any unlawful purpose, and you shall comply
with any request of the Marks’ owner to protect their respective rights in the Marks.
7. LINKS. The Site contains links to other World Wide Web sites, Internet locations
and sources of information of persons, companies, organizations and other entities
that are not under the control of ITEMFORM.COM ("Third Party Sites"). ITEMFORM.COM
makes no representations whatsoever about any Third Party Site to which
you may have access through this Site. When you access a Third Party Site, you do
so at your own risk, and ITEMFORM.COM is not responsible for the accuracy or
reliability of any information, data, opinions, advice or statements made on these
Third Party Sites or for the quality of any products or services available on these
Third Party Sites. ITEMFORM.COM provides such links only as a convenience and
the inclusion of such links does not imply that ITEMFORM.COM endorses or accepts
any responsibility for the content or uses of such Third Party Sites. There are
inherent risks in the use of any software or information found on the Internet,
and you acknowledge that you understand these risks before making any use of the
Site.
8. PROHIBITED COMMUNICATIONS. ITEMFORM.COM may, but is not obligated to, monitor
or review (a) any areas on the Site where users transmit or post communications
or communicate solely with each other, and (b) the content of any such communications.
ITEMFORM.COM, however, will have no liability related to the content of any such
communications, whether or not arising under the laws of copyright, libel, privacy,
obscenity or otherwise. You are prohibited from posting or transmitting to or from
this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic
or other material that would violate any law.
9. WARRANTIES AND LIMITATION OF LIABILITY. (a) Except as expressly set forth in
this agreement, all Information and Services on this Site are provided "as is" without
any warranty of any kind and ITEMFORM.COM hereby expressly disclaim all express
and implied warranties, including without limitation, the implied warranties of
merchantability, fitness for a particular purpose and the warranty of non-infringement
or title. Without limiting the foregoing, ITEMFORM.COM makes no warranty that
(i) the Information and Services will meet your requirements, (ii) the Services
and Information will be uninterrupted, timely, secure, complete or error-free, (iii)
the results that may be obtained from the use of the Service or Information will
be accurate or reliable, and (iv) the quality of any Services or Information purchased
or obtained by you from the site will meet your expectations. The site could include
technical or other mistakes, inaccuracies or typographical errors. The Information
and Services at this Site may be out of date, and ITEMFORM.COM makes no commitment
to update such Information or Services. ITEMFORM.COM makes no representations
and assume no liability regarding the quality, safety, accuracy, or suitability
of any information, documents, materials, services or software which are referenced
by or linked to this Site. References to other corporations, their services and
products, are provided "as is" without warranty of any kind, either expressed or
implied.
(b) ITEMFORM.COM shall not be liable for any harm caused by the transmission,
through the Services or Information, of a computer virus, or other computer code
or programming device that might be used to access, modify, delete, damage, corrupt,
deactivate, disable, disrupt, or otherwise impede in any manner the operation of
the site or any of your software, hardware, data or property. Except (i) as otherwise
provided by law and (ii) ITEMFORM.COM's failure to use best efforts to limit
access to individual user information to those ITEMFORM.COM customers that have
been given access rights thereto by the individual user, ITEMFORM.COM shall have
no liability for losses caused by the negligence, actions or failure to act of any
third party provider, and to the extent permitted by law, neither ITEMFORM.COM,
nor any of ITEMFORM.COM providers, shall be liable to you for any indirect, special,
incidental or consequential damages of any kind, or any damages whatsoever (regardless
of whether such damages are reasonably foreseeable), and on any theory of liability,
arising out of or in connection with the use of this Site or of any third party
site referenced or linked to from this Site.
(c) ITEMFORM.COM's Limitation of Liability. NEITHER PARTY SHALL HAVE ANY LIABILITY
HEREUNDER FOR INDIRECT, SPECIAL, LOST PROFITS AND BUSINESS INTERRUPTION OR OTHER
SIMILAR DAMAGES, EVEN IF THE AFFECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND THE LIABILITY OF EITHER PARTY FOR CONSEQUENTIAL DAMAGES SHALL
BE CAPPED AT THEIR RESPECTIVE INSURANCE LIMITS.
(d) Notwithstanding any provision to the contrary in this Paragraph 9, ITEMFORM.COM's
liability to you will not exceed the policy limits of its business insurance policy,
which shall be no less than one million dollars and covers ITEMFORM.COM obligations
under this Agreement, including those that relate to ITEMFORM.COM under sections
4 and 9b. This coverage shall be maintained by ITEMFORM.COM during the period
in which this Agreement is in effect with the user. ITEMFORM.COM warrants that
it has such coverage at this time.
10. YOUR REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant that you
are of the age of majority and that all Information provided by you during the registration
process is, to your knowledge, true, correct, complete and accurate.
11. CONFIDENTIALITY. Customers and other authorized users who access your Information
through our Services shall agree to confidentiality and other terms and conditions
of use in a separate agreement.
12. GOVERNING LAW AND JURISDICTION. By accessing this Site, you and ITEMFORM.COM
agree that all matters relating to your access to, or use of, this Site shall be
governed by the laws of the State of Oregon, without regard to conflicts of laws
principles thereof. You and ITEMFORM.COM also agree and hereby stipulate and
hereby submit to the exclusive personal jurisdiction and venue of the State Court
of Multnomah County, Oregon. ITEMFORM.COM makes no representation that materials
on this Site are appropriate or available for use in other locations, and accessing
them from territories where their contents are illegal is prohibited. Those who
choose to access this Site from other locations are responsible for compliance with
all local laws.
13. TERMINATION. If you breach any of the Terms of Use, your authorization to use
this Site terminates upon notice of such breach by ITEMFORM.COM. Upon termination,
there shall be no refund of any monies paid by you for access to the Site. Paragraphs
4, 5, 6, 7, 8, 9, 11, 12, and 16 shall survive termination of this Agreement.
14. ASSIGNMENT. The Terms of Use shall be binding upon and inure to the benefit
of the parties and their respective executors, heirs, successors and permitted assigns.
You may not assign the Terms of Use or your rights or obligations hereunder without
the prior written permission of ITEMFORM.COM. ITEMFORM.COM may assign the
Terms of Use or any of its rights or obligations hereunder and agrees to give reasonable
notice of such assignment.
15. ENTIRE AGREEMENT; SEVERABILITY. The Terms of Use and guidelines and rules referred
to herein represent the complete and exclusive statement of the agreement and understanding
between you and ITEMFORM.COM regarding your rights to access and use the Services
and Information on the Site, and they supersede all prior and contemporaneous agreements
and representations regarding such subject matter. To the extent there is any direct
inconsistency between these Terms of Use for the Site and another agreement related
to the subject matter hereof entered between you and ITEMFORM.COM, then the terms
in such agreement will control. In the event that a subject is addressed in the
Terms of Use for the Site and not in such agreement, then the terms in the Terms
of Use of the Site will control. Except as herein provided, no waiver, modification
or amendment of any provision of the Terms of Use shall be effective against ITEMFORM.COM
unless the same is in writing and signed by an authorized official of ITEMFORM.COM
. Should any term or provision in the Terms of Use be deemed or held to be
invalid or unenforceable, the remaining terms and provisions shall continue in full
force and effect.
16. WAIVER. ITEMFORM.COM's failure to insist at any time upon strict compliance
with any provision of the Terms of Use, or any delay or failure on ITEMFORM.COM's
part to exercise any power or right given to ITEMFORM.COM in the Terms of Use,
or a continued course of such conduct on ITEMFORM.COM's part shall at no time
operate as a waiver of such power or right, nor shall any single or partial exercise
preclude any other future exercise. All rights and remedies given to ITEMFORM.COM
in the Terms of Use are cumulative and not exclusive of any other rights or remedies
which ITEMFORM.COM otherwise has at law or equity.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND BY USING THE SITE OR THE SERVICES,
I AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.