TERMS AND CONDITIONS OF USE OF BUDEXCHANGE
Each Supplier requesting access to the BUDEXCHANGE SYSTEM must agree to the terms and conditions noted below. Supplier and such Supplier personnel shall be referred to as “You.” Supplier agrees to notify the Anheuser-Busch BudExchange Administrator when those with access no longer are associated with Supplier, so that their access can be removed.
The web site BudExchange.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 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.
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 confidential and proprietary information of ABI and/or other members of the AB-Inbev corporate group (collectively, the “ABI Group“). 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, other members of the ABI Group 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 AND OTHER MEMBERS OF THE ABI GROUP DO 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 NEITHER ABI OR OTHER MEMBERS OF THE ABI GROUP SHALL BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. ABI AND OTHER MEMBERS OF THE ABI GROUP DO 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 OR ANY OTHER MEMBER ABI GROUP 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, OTHER MEMBERS OF THE ABI GROUP OR THEIR 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.
<![if !vml]><![endif]>SECURTY ISSUES
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:
a. the full name of each individual who will have access to the System;
b. the email address (if applicable) and telephone number at which the individual user may be reached during business hours; and
c. 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.
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:
a. 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.
b. Credential attributes must provide for granular access controls within applications. You will provide such information to ABI upon request.
c. 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.
User Obligations. a. Each individual having access to the System must:
i. use only their assigned user ID when logging on to the System;
ii. log-off the ABI System before leaving their computing resources with such access unattended;
iii. not allow unauthorized individuals to access the System or Confidential Information;
iv. keep strictly confidential the logon ID,password, and all other Confidential Information that enables such access; and
v. not replicate or store Confidential Information in a way which unnecessarily exposes such Confidential Information.
b. You must provide security awareness training to reinforce the obligations required under this
The compilation, selection, order and arrangement of the contents of the System are copyrighted under the
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,
republish, distribute, display,
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
You agree to indemnify, defend and hold harmless ABI and other members of the ABI Group and their respective officers, directors, employees, 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.
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
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.
<![if !vml]><![endif]>This site is controlled and operated by or on
behalf of ABI from offices within the
This is a private Internet site used for business purposes by Anheuser-Busch Companies, Inc. ("ABI"), members of the AB Inbev corporate group, their respective 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 the User is requesting
access to. This information is needed to establish the appropriate security access to BudExchange. 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