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Each person requesting access to the BudNET.com
system must agree to the terms and conditions noted below. All persons
accessing BudNET.com shall be referred to as “You."
The web site www.BudNET.com, the program, operating software, and all of their
respective content, features and other data contained herein (collectively the
“System”) is an online information service provided by Anheuser-Busch,
Incorporated (“ABI”), subject to your compliance with the terms and conditions
below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY INFORMATION
PROVIDED BY THE SYSTEM. BY ACCESSING OR USING THE SYSTEM, YOU AGREE TO BE BOUND
BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SYSTEM. ABI MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE
OF THE SYSTEM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
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USE OF THE SYSTEM
You may not use the System or any of the information obtained from the System
for purposes of incorporation into a commercial product or service. You agree
not to change or delete any proprietary notices from directory listings
downloaded from the System. By using the System, you agree that the System,
including all content, information, services, capabilities and software
constitute ABI confidential and proprietary information. You agree that you
will maintain all information obtained from or about the System in confidence,
including, without limitation, information regarding product demand, product
specifications, delivery schedules, billing information, the capabilities of
the System or the benefits of the System to ABI or your business. You further
agree to limit access to the System to the minimum number of individuals at
your business who truly have a need to access the System.
ABI cannot and does not guarantee or warrant that any information or files
available for downloading through the System will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the System
for the reconstruction of any lost data.
ABI DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE ABI SYSTEM, ANY PRODUCTS, INFORMATION OR
SERVICE PROVIDED THROUGH THE ABI SYSTEM, OR ANY SITES LISTED ON THE ABI SYSTEM,
AND ABI SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. ABI DOES NOT WARRANT THAT THE ABI SYSTEM
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. THE ABI
SYSTEM IS PROVIDED ON AN "AS IS, AS AVAILABLE, WITH ALL FAULTS" BASIS.
IN NO EVENT WILL ABI BE LIABLE FOR (a) ANY INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE ABI SYSTEM, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE ABI SYSTEM OR DOWNLOADED FROM THE ABI SYSTEM, EVEN
IF ABI OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (b) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE ABI SYSTEM AND/OR LISTINGS OR INFORMATION DOWNLOADED.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, ABI'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
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SECURITY ISSUES
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User Authentication.
ABI may, in its sole discretion, administer the allocation of individual user
IDs to you in which case you shall provide ABI with the following three items:
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The full name of each individual who will have access to the System;
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the email address (if applicable) and telephone number at which the individual
user may be reached during business hours; and
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prompt notification, in writing, upon termination of employment or reassignment
of personnel with access to the System so that user logon IDs may be changed
and other measures may be taken by ABI to prevent unauthorized access.
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Protection of Credentials. ABI may establish a mechanism for
strong authentication credentials, such as digital certificates, tokens,
smartcards, biometrics, etc., to provide access, accountability and revocation.
In such event, the following shall apply:
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ABI may administer or delegate to you the administration of credentials for
your company’s operations. In either case, you must validate the credentials
for each authorized person at your company who will have access to the System.
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Credential attributes must provide for granular access controls within
applications. You will provide such information to ABI upon request.
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ABI will deliver credentials to you in a secure manner. You must disseminate
credentials securely and protect them from unauthorized use. You are
responsible for the actions of any individuals using your user IDs and
passwords to access the System. ABI may revoke such IDs and passwords at any
time in ABI's sole discretion, in which case the user ID or password will be
deleted.
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User Obligations.
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Each individual having access to the System must:
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Use only their assigned user ID when logging on to the System;
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log-off the ABI System before leaving their computing resources with such
access unattended;
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not allow unauthorized individuals to access the System or Confidential
information;
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keep strictly confidential the logon ID, password and all other Confidential
Information that enables such access; and
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not replicate or store Confidential Information in a way which unnecessarily
exposes such Confidential Information.
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You must provide security awareness training to reinforce the obligations
required under this Agreement.
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COPYRIGHT ISSUES
The compilation, selection, order and arrangement of the contents of the System
are copyrighted under the United States copyright laws. The owner of the
copyright is ABI. Except as expressly provided in these Terms and Conditions,
nothing contained herein shall be construed as conferring any license or right,
by implication, estoppel or otherwise, under copyright or other intellectual
property rights.
As a user of the System you are granted a nonexclusive, nontransferable,
revocable, limited license to access and use this program, features, operating
software, web site, content, and the date contained herein in accordance with
these Terms & Conditions. ABI may terminate this license at any time for
any reason. You may not decompile, reverse engineer, disassemble, rent, lease,
loan, sell, sublicense, or create derivative works from the System. Nor may you
use any network monitoring or discovery software to determine the site
architecture, or extract information about usage, individual identities or
users. You may not use any robot, spider, other automatic software or device,
or manual process to monitor or copy the System without ABI’s prior written
consent in each instance. You may not copy, modify, reproduce, republish,
distribute, display, communicate, describe or transmit for commercial,
non-profit or public purposes all or any portion of the System, features, or
the content accessible herein, at any time, except to the extent permitted
above. You may not use or otherwise export or re-export the System or any
portion thereof, in violation of the export control laws and regulations of the
United States of America. Any unauthorized use of the System is prohibited.
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INDEMNIFICATION
You agree to indemnify, defend and hold harmless ABI, its parent company and
affiliates and direct and indirect subsidiaries and their respective officers,
directors, employees, contractors, agents, licensors, suppliers and any third
party information providers to the System from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of this Agreement by you.
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MISCELLANEOUS
Any cause of action or claim you may have with respect to the System must be
commenced within one year after the claim or cause of action arises or such
claim or cause of action is barred. All such claims are subject to the
limitation of liabilities set forth herein, This Agreement shall be
governed and construed in accordance with the laws of the State of Missouri
applicable to agreements made and to be performed in Missouri. ANY LEGAL ACTION
OR PROCEEDING WITH RESPECT TO THIS AGREEMENT OR ANY DOCUMENT RELATED HERETO
SHALL BE BROUGHT IN THE COURTS OF THE STATE OF MISSOURI OR ANY COURT OF THE
UNITED STATES OF AMERICA FOR THE EASTERN DISTRICT OF MISSOURI, AND, BY
EXECUTION AND DELIVERY OF THIS AGREEMENT, EACH PARTY HEREBY ACCEPTS FOR ITSELF
AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE JURISDICTION
OF SUCH COURTS. THE PARTIES IRREVOCABLY WAIVE ANY OBJECTION, INCLUDING ANY
OBJECTION TO THE LAYING OF VENUE OR BASED ON THE GROUNDS OF FORUM NON
CONVENIENS, WHICH ANY OF THEM MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY
SUCH ACTION OR PROCEEDING IN SUCH RESPECTIVE JURISDICTIONS. EACH PARTY
IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OF ANY OF SUCH COURTS IN ANY
SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES THEREOF BY REGISTERED OR
CERTIFIED MAIL, POSTAGE PREPAID, TO EACH OF THE OTHER PARTIES AT ITS ADDRESS
PROVIDED HEREIN, SUCH SERVICE TO BECOME EFFECTIVE 5 DAYS AFTER SUCH MAILING.
This site is controlled and operated by or on behalf of ABI from offices within
the United States of America. ABI makes no representation that materials in the
site are appropriate or available for use in other locations. Those who choose
to access this site from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are
applicable. ABI's failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement. ABI may assign its rights
and duties under this Agreement to any party at any time without notice to you.
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PRIVACY POLICY
This is a private Internet site used for business purposes by Anheuser-Busch
Companies, Inc. ("ABC"), its affiliates, ABC's suppliers and their associated
warehouses as well as transportation carriers (collectively, “Users”). On the
Login ID request form, we request each User’s name, phone number and e-mail
address, the name and address of the User’s company and the system applications
to which the User is requesting access. This information is needed to establish
the appropriate security access to BudNET.com. Users may also be providing
other business-related information on an ongoing basis to be used for
specifically identified business purposes. All information provided by Users
shall be treated by Anheuser-Busch as non-personal, business information that
can be used by Anheuser-Busch for the business purposes stated above or stated
at the time of collection. Users’ submission of information constitutes
permission to use the information for the identified business purposes. In
addition, with respect to non-U.S. Users, all information provided is knowingly
being transmitted to the United States.
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