TERMS AND CONDITIONS

Apsire2B is a [wholly-owned subsidiary] of PepsiCo, Inc. These terms and conditions (“Agreement”)

explain the terms for using Aspire2B’s (“Aspire2B,” “we,” or “us”) mobile application and personalized

vending experience, and any other software provided on or in connection with the Aspire2B services

including Mobile Software, and App-Store-Sourced Software (the “Service”), so please read this

Agreement carefully before using the Service. If you have any questions, feel free to contact us at 1-800-

884-2867 or https://contact.pepsico.com/pepsico/contact-us

ACCEPTANCE OF THE TERMS

Please read the Agreement carefully before using the Service. By accessing or using the Service, you

agree to be bound by this Agreement and confirm that you have read and acknowledge our Privacy

Policy whether or not you are a registered user of our Service. If you do not agree to all the terms and

conditions of this Agreement, you shouldn’t use the Service. This Agreement applies to all visitors, users,

and others who access or use the Service (“Users”).

PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION

THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER

THAN JURY TRIALS OR CLASS ACTIONS. YOU HAVE THE RIGHT TO OPT OUT OF THESE PROVISIONS AS

FURTHER DESCRIBED BELOW.

USE OF OUR SERVICE

A. Eligibility

This Service is intended solely for Users who are sixteen (16) years of age or older, and any registration,

use or access to the Service by anyone under sixteen (16) is strictly prohibited and in violation of this

Agreement. The Service is not available to any Users previously removed from the Service by Aspire2B.

B. Aspire2B Account

If you use functionalities that require or permit you to create an Aspire2B account, you must provide

accurate and complete information. You may never use another User’s account without permission. You

are solely responsible for the activity that occurs on your account, and you must keep your account

password secure. You are not allowed to provide a third party access to your account. We encourage

you to use “strong” passwords (passwords that use a combination of upper and lower case letters,

numbers and symbols) with your account. You must notify Aspire2B immediately of any breach of

security or unauthorized use of your account. Aspire2B will not be liable for any losses caused by any

unauthorized use of your account.

You may control your User profile and how you interact with the Service by changing the settings in your

profile settings page. By providing Aspire2B your email address, you consent to receiving any notices

required by law, in lieu of communication by postal mail.

You may delete your account within the app or have your account deleted by contacting our Consumer

Response team directly at 1-800-884-2867 or https://contact.pepsico.com/pepsico/contact-us

C. Changes to/Termination of Service; Termination of Your Account

We may, without prior notice, change the Service; stop providing the Service or features of the Service,

to you or to users generally; or create usage limits for the Service. We may permanently or temporarily

terminate or suspend your access to the Service without notice and liability for any reason, including if

in our sole determination you violate any provision of this Agreement, or for no reason. Upon

termination for any reason or no reason, you continue to be bound by this Agreement.

END USER LICENSE GRANT

A. Aspire2B Service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited,

non-transferable, freely revocable license to use the Service for your personal, noncommercial use only

and as permitted by the features of the Service. Aspire2B reserves all rights not expressly granted herein

in the Service and the Aspire2B Content (as defined below). Aspire2B may terminate this license at any

time for any reason or no reason.

B. Mobile Software

To the extent we make software available to access the Service via a mobile device (“Mobile Software”),

you must, to use the Mobile Software, have a mobile device that is compatible with the Mobile Service.

Aspire2B does not warrant that the Mobile Software will be compatible with your mobile device.

Aspire2B hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code

copy of the Mobile Software for one Aspire2B account on one mobile device owned or leased solely by

you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the

Mobile Software or use the Mobile Software to develop a competing product, except to the extent that

such restrictions are expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or

otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time

sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove,

circumvent, disable, damage or otherwise interfere with security-related features of the Mobile

Software, features that prevent or restrict use or copying of any content accessible through the Mobile

Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright

and other proprietary rights notices on the Mobile Software. You acknowledge that Aspire2B may from

time to time issue upgraded versions of the Mobile Software, and may automatically electronically

upgrade the version of the Mobile Software that you are using on your mobile device. You consent to

such automatic upgrading on your mobile device, and agree that the terms and conditions of this

Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile

Software is covered by the applicable open source or third-party license EULA , if any, authorizing use of

such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and

Aspire2B or its third party partners or suppliers retain all right, title, and interest in the Mobile Software

(and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations

hereunder, except as expressly provided for in this Agreement, is void. Aspire2B reserves all rights not

expressly granted under this Agreement. The Mobile Software is subject to United States export laws

and regulations. The Mobile Software may not be exported or re-exported to certain countries or those

persons or entities prohibited from receiving exports from the United States. In addition, the Mobile

Software may be subject to the import and export laws of other countries. You agree to comply with all

United States and foreign laws related to use of the Mobile Software and the Service.

OUR PROPRIETARY RIGHTS

Except for your information you provide via the Service, the Service and all materials therein or

transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos,

patents, trademarks, service marks, copyrights, photographs, and videos, (the “Aspire2B Content”), and

all Intellectual Property Rights related thereto, are the exclusive property of Aspire2B and its licensors

(including other Users who post User Content to the Service). Except as explicitly provided herein,

nothing in this Agreement will be deemed to create a license in or under any such Intellectual Property

Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly

display, publicly perform, publish, adapt, edit or create derivative works from any Aspire2B Content. Use

of the Aspire2B Content for any purpose not expressly permitted by this Agreement is strictly

prohibited.

PRIVACY

We care about the privacy of our Users. You understand that by using the Service you consent to the

collection, use and disclosure of your personal information and aggregate data as set forth in our Privacy

Policy, and to have your personal information collected, used, transferred to and processed in the

United States.

We do not collect or store your photograph or images of your face. However, we do use a proprietary

technology licensed from a third party called transdermal optical imaging (TOI) to measure your facial

blood flow patterns and pulse rates when you elect to use relevant features. This enables us to collect

health-related information, including your heart rate, heart rate variability, and blood pressure. In

addition, when you use certain Services, we may collect answers to a lifestyle questionnaire, other

information you provide us and authorize us to collect via your device permissions (as described further

below), and information about your app usage in connection with the operation of the Service and our

research.

If you choose to opt in, Aspire2B may use your email to send you marketing communications. You can

discontinue these emails at any time by unsubscribing.

You may delete your account within the app or you may have your account deleted by contacting our

Consumer Response team directly at 1-800-884-2867 or https://contact.pepsico.com/pepsico/contact-

us.

By using the Service, you consent to and authorize Aspire2B to use your information for research

purposes, including to study if the Service works as intended. Where appropriate, this research is

conducted pursuant to a study protocol that is approved by a research ethics board. We take steps to

de-identify your information used for research purposes by coding it so that it is not linked to your

name, email address, or similar identifiers.

Further, in order to provide the requested services, we connect to following third parties, although not

exclusively, in order to access number of footsteps and walking speed registered by user:

Apple Health Kit;

Google Fit;

Garmin (TBD)

Fitbit (TBD)

For further information, please see our Privacy Policy.

SECURITY

Aspire2B cares about the integrity and security of your personal information. However, we cannot

guarantee that unauthorized third parties will never be able to defeat our security measures or use your

personal information for improper purposes. You acknowledge that you provide your personal

information at your own risk.

INDEMNITY

You agree to defend, indemnify and hold harmless Aspire2B and its subsidiaries, agents, licensors,

managers, and other affiliated companies, and their employees, contractors, agents, officers and

directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and

expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the

Service, including any data or content transmitted or received by you; (ii) your violation of any term of

this Agreement, including without limitation your breach of any of the representations and warranties

above; (iii) your violation of any third-party right, including without limitation any right of privacy or

Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; or (v) any other

party’s access and use of the Service with your unique username, password or other appropriate

security code.

NO WARRANTY

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR

OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED

WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED

TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-

INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM

ASPIRE2B OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

WITHOUT LIMITING THE FOREGOING, ASPIRE2B, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT

WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET

YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,

UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE

SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR

OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND

YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE

OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

WAIVER OF LIABILITY

YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES, AND THE

SERVICES ARE NOT FOR DIAGNOSTICS OR TREATMENT PURPOSES. THE CONTENT PROVIDED THROUGH

THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO,

VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER

ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE

OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR

CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION

CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED

QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY.

SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER

DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT

PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE

SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF

OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER

MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER

HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND ASPIRE2B.

YOU EXPRESSLY AGREE THAT YOUR ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, FOLLOWING A

ASPIRE2B SUGGESTED PROGRAM OR PLAN OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND

SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY

ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN

WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF ASPIRE2B OR BY THE ACTION,

INACTION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE TO RELEASE ASPIRE2B, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS,

AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM

ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACTIVITIES AND/OR USE OF THE ASPIRE2B

WEBSITES, MOBILE APPLICATIONS, VENDING EXPERIENCE, CONTENT, SERVICES OR PRODUCTS, AND

PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR

LOSSES ASSOCIATED WITH SUCH USE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ASPIRE2B, ITS

AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT,

INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING

WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE

LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO

CIRCUMSTANCES WILL ASPIRE2B BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING

FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR

ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASPIRE2B ASSUMES NO LIABILITY OR

RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY

OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF

OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND

ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF

TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT

MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR

OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF

ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE

SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF

ANY THIRD PARTY (INCLUDING HOSTED SITES).

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON

CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ASPIRE2B HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY

TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR

LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL

DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING

INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY

EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY

SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL

RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST

IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

The Service is controlled and operated from facilities in the United States and the United Kingdom.

Aspire2B makes no representations that the Service is appropriate or available for use in other locations.

Those who access or use the Service from other jurisdictions do so at their own volition and are entirely

responsible for compliance with all applicable United States and local laws and regulations, including but

not limited to export and import regulations. You may not use the Service if you are a resident of a

country embargoed by the United States, or are a foreign person or entity blocked or denied by the

United States government. Unless otherwise explicitly stated, all materials found on the Service are

solely directed to individuals, companies, or other entities located in the United States. This is not a

medical device and should not be used for medical purposes. Always consult with your physician or

other medical professional should you have any health-related question, issues or emergency.

ARBITRATION AND GOVERNING LAW:

A. Arbitration

For any dispute you have with Aspire2B, you agree to first contact us at 1-800-884-2867 or

https://contact.pepsico.com/pepsico/contact-us and attempt to resolve the dispute with us informally.

In the unlikely event that Aspire2B has not been able to resolve a dispute it has with you after

attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding

claims for injunctive or other equitable relief) arising out of or in connection with or relating to your use

of the Services or this Agreement or the breach or alleged breach thereof (collectively, “Claims”), by

binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration

Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except

as provided herein. The arbitrator will conduct hearings, if any, by teleconference or videoconference,

rather than by personal appearances, unless the arbitrator determines upon request by you or by us

that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is

reasonably convenient to both parties with due consideration of their ability to travel and other

pertinent circumstances. If the parties are unable to agree on a location, such determination should be

made by the AAA or by the arbitrator. Each party will be responsible for paying any AAA filing,

administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator

will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other

witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of

competent jurisdiction. Nothing in this Section will prevent either party from seeking injunctive or other

equitable relief from the courts for matters related to data security, intellectual property or

unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL

CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE

PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE

THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ASPIRE2B

ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. The parties

understand that, absent this mandatory provision, they would have the right to sue in court and have a

jury trial. They further understand that, in some instances, the costs of arbitration could exceed the

costs of litigation and that the right to discovery may be more limited in arbitration than in court.

Thirty-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration and class-action-waiver provisions set

forth in this section by sending written notice of your decision to opt out to the following address, The

PepsiCo, Inc. Attn: Consumer Relations, 700 Anderson Hill Road, Purchase, NY 10577. The notice must

be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate

disputes in accordance with these Terms. If you opt out of these arbitration provisions, Aspire2B also

will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Aspire2B

may terminate your use of the Services.

B. Governing Law

You agree that: (i) the Service will be deemed solely based in Illinois; and (ii) the Service will be deemed

a passive host that does not give rise to personal jurisdiction over Aspire2B, either specific or general, in

jurisdictions other than Illinois. This Agreement will be governed by the internal substantive laws of the

State of Illinois, without respect to its conflict of laws principles. The application of the United Nations

Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to

submit to the personal jurisdiction of a state court located in Illinois or the United States District Court

for the District of Illinois, for any actions for which either party retains the right to seek injunctive or

other equitable relief, as further described in the Arbitration provision above.

GENERAL

A. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by

you, but may be assigned by Aspire2B without restriction. Any attempted transfer or assignment in

violation hereof will be null and void.

B. Changes to the Agreement

Aspire2B may, in its sole discretion, modify or update this Agreement from time to time, and so you

should review this page periodically. When we change the Agreement in a material manner, we will

update the ’last modified’ date at the bottom of this page. Your continued use of the Service after any

such change constitutes your acceptance of the new Terms of Use. If you do not agree the terms of this

Agreement or any future Terms of Use, do not use or access (or continue to access) the Service.

Aspire2B is not responsible for any automatic filtering you or your network provider may apply to email

notifications we send to the email address you provide us.

C. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with

Aspire2B in connection with the Service, will constitute the entire agreement between you and Aspire2B

concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent

jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this

Agreement, which will remain in full force and effect. Headings are included for convenience only and

will not be considered in interpreting this Agreement. For the avoidance of doubt, as used in this

Agreement, the word including means including but not limited to.

D. No Waiver

No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or

any other term, and Aspire2B’s failure to assert any right or provision under this Agreement will not

constitute a waiver of such right or provision.

Please contact us at 1-800-884-2867 or https://contact.pepsico.com/pepsico/contact-us with any

questions regarding this Agreement.

This Agreement was last modified on December 2, 2022.