Terms of Use

Welcome to drpepperstore.com (the “Site“), which is owned and operated by HALO Branded Solutions (“we“). Please read these Terms of Use and our Privacy Policy (click here) carefully before using the Site. These Terms of Use, together with our Privacy Policy, constitute the legal contract between you and us concerning your use of the Site, including any purchase you make on the Site. By using this Site, you signify your acceptance and consent to be bound by these Terms of Use. If you disagree with any of these Terms of Use, please do not use the Site.

We reserve the right to amend these Terms of Use at any time. We will inform you of any material changes to these Terms of Use by posting a notice on the Site. If you are on our emailing list or if you have an account on the Site, we may also notify you of such material changes via email. By continuing to use the Site after such notice, you agree to be bound by these Terms of Use as modified.

1. Intellectual Property

Except for User Material (as defined below), all content and material made available on the Site (collectively “Site Content“), including, without limitation, catalogs, product photos and images, graphics, designs, artwork, text, written/editorial material, audios, videos, animations, databases, layouts, user interfaces, software programs (including their source code and object code), and social media applications and plug-ins, belong exclusively to us and/or our licensors and business partners, and are protected by U.S. and international copyright laws.
The terms “HALO BRANDED SOLUTIONS”,”DR PEPPER” and associated logos and designs are proprietary trademarks and service marks, and are protected by U.S. federal and state laws. As used herein, “User Material” means any visual, graphic, pictorial, photographic, written, or other material furnished to us by any user of the Site. You retain ownership of all User Material furnished by you, but subject to your license grant to us as set forth in Section 2.6 below.
The artwork, designs, trademarks and logos shown on products on the Site are for illustration purposes only and do not represent endorsements by – or production for – the owners of such artwork, designs, marks or logos. Such illustrations are not meant to be advertisements. Items as pictured with third-party trademarks, designs and logos are not for sale to anyone other than those expressly authorized by the owners of such trademarks, designs and logos.

2. Terms and Conditions of Use

Without limitation to the rest of these Terms of Use, your use of the Site and Site Content is expressly subject to all of the following:
Eligibility: By using the Site, you represent and warrant that: (i) you are at least 18 years of age when using the Site; (ii) all information you submit to us on the Site is your own information and is truthful and accurate; and (iii) your use of the Site does not violate any applicable law or regulation. Only persons who are 18 or older are permitted to register and make a purchase on the Site. We reserve the right to verify your age before any registration or purchase by you is allowed on the Site.
Our Limited License to You: Subject to all other terms and conditions set forth herein, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license to access and use the Site and Site Content for your own business or personal uses ONLY, including viewing, downloading and printing our catalogs and our product information, photos and images for your own internal reference and evaluation and for engaging in transactions with us. Any breach of these Terms of Use by you will result in immediate revocation of the foregoing license with or without notice.
Prohibited Conduct:
Except as expressly stated in Section 2.2 above, you may NOT copy, reproduce, download content from, republish, redistribute, create derivative works from, modify, reverse-engineer, disassemble, decompile, or otherwise use or exploit the Site or any Site Content. In any event, you may NOT make any illegal, abusive, harmful or improper use of the Site or any Site Content, or do anything that interferes with other users’ access and use of the Site or any Site Content. Without limitation to the generality of the foregoing, you are strictly prohibited from: (i) hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with the Site or our system, network or server; (ii) making unauthorized access (including access that exceeds the scope of authorization) to the Site, our system, network or server, or any user account; and (iii) crawling, scraping, or otherwise collecting or taking any data or Site Content from the Site, including through the use of bots, web crawlers, or similar automated programs or processes.
Except for the limited purpose of making truthful and non-misleading references and attributions to us, the Site, and/or our products and services, you may NOT make use of any of Our Marks, or any variations thereof, for any purpose or in any manner, without our express prior written authorization. In any event, you may NOT use any of Our Marks in connection with any product or service in any way that is likely to cause confusion or deception, or in any manner that disparages or discredits us or the Site. In addition, you may NOT use any of Our Marks in meta tags or as ad keywords without our express prior written authorization.
You may NOT furnish any User Material that: (i) violates or infringes any copyright, trademark, trade dress, right of publicity, right of privacy, or any other property, personal or proprietary right of any person or entity; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
User Material Furnished by You: By furnishing User Material to us, (i) you grant to us a non-exclusive license (with the right to sublicense to our suppliers and our fulfillment partners) to use and reproduce such User Material to make custom products in fulfillment of your order(s) with us; (ii) you represent and warrant that you own and control all rights in and to such User Material and have the legal right and authority to grant the aforementioned license to us; and (iii) you agree to defend, indemnify and hold us and our officers, directors, employees, agents, Account Executives, sales representatives, suppliers, and fulfillment partners harmless pursuant to Section 4.1 below, in the event any User Material furnished by you infringes upon, violates or misappropriates any property, personal or proprietary right of any person or entity.
Account Security: If you have an account on the Site, you are solely responsible for safeguarding your account access information (including username and password). If you share such information with others, you will be responsible for all activities on your account by those with whom you share account access information, including all communications, submissions, purchases, and other transactions made through your account. You shall immediately notify us of any unauthorized use of your account access information or any unauthorized or suspicious activity on your account.
Our Reservation of Rights: You expressly acknowledge and agree that we reserve the right to refuse service, suspend or terminate your account, and/or cancel your order(s) at our sole discretion, including, without limitation, if we believe or suspect that you violate any applicable law or any of these Terms of Use.
No Warranties: BY USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ALL SITE CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT THE SITE OR ANY SITE CONTENT IS ERROR-FREE, UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitation of Liability: BY USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF SALE, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE SITE OR ANY SITE CONTENT, OR YOUR USE OF (OR YOUR INABILITY TO USE) THE SITE OR ANY SITE CONTENT, REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

3. Terms and Conditions of Sale

This entire Section 3 applies to e-commerce orders only. By placing an order with us on the Site (including a telephone order placed with our e-commerce customer service team), you acknowledge and agree that your purchase is expressly subject to all of the additional terms and conditions set forth below. Please note that we are not bound by any terms or conditions written, printed or otherwise included in any correspondence or documentation provided by you, unless we expressly and affirmatively accept such terms or conditions in writing.
Order and Fulfillment Process:
Immediately after you place your order online, you will receive an automated confirmation email from the Site.
Pricing: All prices are subject to change from time to time, and your purchase will be based on prices in effect at the time of order.
Sales Tax: We are a registered reseller in all states that collect sales tax. We must therefore collect appropriate state, county and/or city sales/use tax for your “Ship To” address (other than addresses in Delaware, Montana, New Hampshire and Oregon).
Shipping Charges: During checkout, shipping charges will be calculated based on the shipment method you choose and your shipping address.
Payment Terms:

(i) Payment by credit card; we accept VISA, MasterCard, American Express and Discover. We will authorize your credit card while your order is being processed, but your credit card will not actually be charged until after your order has been shipped.
(ii) If you use a debit card, your bank will hold funds from your checking account at the time of authorization, but not remit the funds to us until the order is invoiced by us. When the order invoices, any difference from the original authorized amount will be credited to your checking account and then your bank will remit payment to us.
(iii) By using a credit card or debit card, you represent and warrant that: (i) all credit/debit card information you supply to us belongs to you and is current and accurate; and (ii) all charges incurred by you will be honored by your credit card company or your bank.
All payments must be in United States dollars. Your current and complete billing address and contact information must be included with every order.
Defective Products:
All claims for defective products must be made with Customer Service (see the Contact Us page) NO LATER THAN 10 days from the date of your receipt of the products.
Returns:
Please contact our Programs Account Support Advisors at 866-812-8310 to advise them of your return request. A Programs Account Support Advisor will review return options with you. All claims must be made within thirty days of receipt of goods and must include a copy of the original invoice or packing slip.
Items that are not held in inventory and are made-to-order cannot be returned unless defective. If you are not satisfied due to poor quality, please contact our Programs Account Support Advisors.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE PRODUCTS WILL BE, ENTIRELY AT OUR ELECTION, (I) REPLACEMENT OF THE PRODUCTS AT NO COST TO YOU OR (II) A REFUND OF THE PURCHASE PRICE PAID BY YOU.
No Warranties: BY MAKING A PURCHASE FROM US, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL PRODUCTS ARE SOLD “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WE NEITHER MAKE NOR ASSUME, AND DO NOT AUTHORIZE ANY OTHER PERSON TO MAKE OR ASSUME, ANY OBLIGATION, LIABILITY OR WARRANTY IN CONNECTION WITH ANY PRODUCTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitation of Liability:
BY MAKING A PURCHASE FROM US, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF SALE, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH: (I) ANY PRODUCTS YOU PURCHASE FROM US, OR YOUR USE, CONSUMPTION, RESALE OR FURTHER DISTRIBUTION OF SUCH PRODUCTS, OR ANY DEFECTS IN SUCH PRODUCTS; (II) OUR FAILURE TO FILL YOUR ORDER IN WHOLE OR IN PART, OR ANY ERROR IN OUR FILLING OF YOUR ORDER; OR (III) ANY DELAY IN PRODUCTION, SHIPMENT OR DELIVERY OF YOUR ORDER, OR OUR FAILURE TO NOTIFY YOU OF SUCH DELAY; REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BY MAKING A PURCHASE FROM US, YOU FURTHER EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL OUR TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR PURCHASE OR USE OF ANY PRODUCTS, EXCEED THE TOTAL AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO US FOR SUCH PRODUCTS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

4. General Terms

Indemnification by You: BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ACCOUNT EXECUTIVES, SALES REPRESENTATIVES, SUPPLIERS, AND FULFILLMENT PARTNERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, ACTIONS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, PENALTIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES AND COURT COSTS) (COLLECTIVELY “CLAIMS“) ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE OR MISUSE OF THE SITE OR ANY SITE CONTENT; (II) ANY USER MATERIAL FURNISHED BY YOU; (III) YOUR USE, MISUSE, RESALE OR FURTHER DISTRIBUTION OF ANY PRODUCTS YOU PURCHASE FROM US; OR (III) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS OF USE OR ANY APPLICABLE LAW.
Governing Law; Jurisdiction: By using the Site, you expressly acknowledge and agree that:
(i) the Site shall be deemed solely based in the State of Illinois;
(ii) these Terms of Use, as well as our Privacy Policy, including all controversies arising out of or in connection with these Terms of Use and/or our Privacy Policy, shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any choice of law or conflict of law provision (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Illinois; and
(iii) the Circuit Court of Illinois, 14th Judicial Circuit, Whiteside County, and the Federal District Court for the Northern District of Illinois, Western Division, are the exclusive forums in which any disputes between you and us concerning your use of the Site, including any purchase you make on the Site, or concerning these Terms of Use and/or our Privacy Policy, shall be heard, and such courts shall have jurisdiction over the parties, and you waive all objections to jurisdiction and venue.
Miscellaneous: These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us concerning your use of the Site, including any purchase you make on the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, all of which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.