January 27, 2003

 

 

 

Dear Supplier: 

 

In accordance with Anheuser-Busch Companies Internet Policy, users accessing Anheuser-Busch web sites are required to accept the Terms and Conditions of Use  to those systems.  Effective (date TBD), all BudExchange users will be required to accept the Terms and Conditions of Use for the BudExchange System.

 

Attached is a copy of the Terms and Conditions of Use that will be posted on BudExchange. Whether a new user to BudExchange or a current user of the system, all will be prompted to review and accept these Terms and Conditions upon initially attempting to access the system after (date TBD).  Clicking on the ‘Accept Button’ will grant them access into the system.  If they do not accept the Terms and Conditions, access to the system will be denied.  Please note that acceptance is required only upon the first access request following the effective date.  After accepting the Terms and Conditions online, users will not be prompted the next time they attempt to access BudExchange unless we modify the Terms and Conditions of Use in the Future. The Terms and Conditions of Use will always be available for viewing through a link on the main page of the site. 

 

Also attached for your convenience is a list of users currently set up to access BudExchange within your organization. Please advise them of the requirement of accepting the Terms and Conditions online and that failure to do so will prohibit them from accessing BudExchange.  Each of your users will need to accept the agreement on behalf of your organization --binding themselves AND your company to the agreement.

 

Should you have questions regarding the Terms and Conditions language or the process of accepting the Terms and Conditions online, please contact me 314-577-2818.

 

Sincerely,

 

 

 

 

Marc Braeckel

314-577-2818

 

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 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.

 

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 Agreement.

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.

 

 

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, 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.

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.

 

 

 

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 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 United States.  Please review the Terms and Conditions posted on this site for additional information governing your use of this Internet site.