General

This website is operated by Gyro Worldwide, acting on behalf of Pepsi-Cola Company.

You may not access this Web Site or use the information on this Web Site without prior acceptance of these terms and conditions. Access to this Web Site or use of the information on this Web Site constitutes your acceptance of these terms and conditions and your waiver of any and all claims against Pepsi-Cola Company, along with all of its parents, subsidiaries and affiliates including, without limitation the Mountain Dew Racing Association (hereafter collectively referred to as "Pepsi-Cola Company").

Pepsi-Cola Company will use reasonable efforts to include accurate information on this Web Site, but Pepsi-Cola Company makes no warranties or representations as to its accuracy. Pepsi-Cola Company may update this web site at any time or from time to time in its sole discretion, but has no obligation to do so. All users agree that all access and use of this Web Site and the content thereof is at their own risk. Neither Pepsi-Cola Company nor any party involved in creating, producing or delivering this Web Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, use of or inability to use this Web Site, or any errors or omissions in the content thereof.

This information is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Copyright

Pepsi-Cola Company hereby authorizes you to copy documents created or owned by Pepsi-Cola Company and published by Pepsi-Cola Company, on the World Wide Web for non-commercial use only, provided any copy of these documents that you make shall retain all copyright and other proprietary notices contained herein. No rights are conferred hereby in any matter owned by third parties and used by Pepsi-Cola Company on this website. Pepsi-Cola Company undertakes no responsibility to identify any such third party matter used on this website.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, service mark or trademark of Pepsi-Cola Company, or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Pepsi-Cola Company, copyright.

Trademarks

Mountain Dew and Mountain Dew Racing Association are trademarks of PepsiCo, Inc.

Confidential Information

Pepsi-Cola Company does not want to receive confidential information or proprietary information from you through our Web Site. Please note that any information or material sent to Pepsi-Cola Company will be deemed NOT to be confidential. By sending Pepsi-Cola Company any information or material you grant to Pepsi-Cola Company an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, distribute and otherwise use in any manner and for any purpose whatsoever (including without limitation researching, developing, manufacturing, selling and marketing products) those materials and information without any settlement or compensation due or owing to any person. You also agree that Pepsi-Cola Company is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, consistent with the Privacy Statement below, we will not release your name or otherwise publicize the fact that you have submitted materials or other information to us unless we obtain your permission to use your name or are required to do so by law. The following statement generally describes the types of information collected at its site and the uses made of it.

Links to Other Web Sites

Certain links on this web site lead to resources located on other web sites maintained by third parties over whom Pepsi-Cola Company has no control. Pepsi-Cola Company makes no representations about any other web site or its contents that you may access through this one. In addition, a link to a non-Pepsi-Cola Company web site does not mean that Pepsi-Cola Company endorses or accepts any responsibility for the content, or the use, of such other web site and no link to this web site from any other web site shall be construed to suggest the existence of any endorsement or other relationship by the owners of such other web sites and Pepsi-Cola Company It also is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. Accordingly, in no event shall pepsi-cola company, or any party involved in creating, producing or delivering this web site or the documents and information contained herein, be liable to any party for (1) any direct, indirect, incidental, special, consequential or punitive damages arising out of access, use or inability to use this web site, or the documents and information contained herein, or any other hyperlinked web sites, or (2) any errors and omissions in the content thereof. The privacy policy described here does not apply to those sites.

These Terms and Conditions are governed and interpreted under the laws of the state of New York, United States of America. If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not effect the validity and enforceability of any remaining provisions.

Privacy Policy

This website is operated by Gyro Worldwide, on behalf of Pepsi-Cola Company, and all information collected through the website is collected by Gyro Worldwide, on behalf of Pepsi-Cola Company. As used in this Privacy Policy, the terms "we" or "us" means Gyro Worldwide, acting on behalf of Pepsi-Cola Company.

Welcome to MD-Gear.com (the "Site"). We understand that your privacy online is important to you, especially when conducting your business. This Privacy Policy will inform you of our policies in handling personal information about our users and members on this website. Our users visit the site but do not transact business on the Site. You do not need to become a member to order products from the Site.

"Personally Identifiable Information" refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains including, but not limited to, name, address, phone number, fax number, email address, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (i.e., without identification of the individual user) or demographic information not connected to an identified individual.

What Personally Identifiable Information is collected?

When you visit the Site, become a member, or acquire or use our products or services, including ordering products from us, we may collect the following types of information about you:

* General information, such as your name, address, phone, and e-mail address to fulfill your requested service and to contact you in the future, and specific information such as your credit card number and age in order to fulfill orders and verify age for entering contests.

* Information to verify your identity, such as your mother's maiden name, in order to provide you with secure access. We may also verify your identity, or your status as a registered user, by means of a cookie. Cookies may also be used to manage your shopping cart when you purchase products on our Web sites.

* Technical information about your computer or browser so that we may provide you with the correct product or service you request, or to format e-mail messages that best align with your computer's capabilities.

What organization is collecting the information?

The information on this site is collected and secured by Gyro Worldwide.

How the information is used?

We use personal information to customize the Site and to make appropriate service offerings to you. We also use personal information to contact you in response to specific orders you have made with us.

With whom the information may be shared?

We share aggregated information about our users, including also the demographics of our users and members with our directors, agencies and third party vendors. We will only share personal information about you with third parties if you have permitted us to do so. We also offer you the opportunity to "opt out" of receiving information or being contacted by us or any agency acting on our behalf.

What choices are available to users regarding collection, use and distribution of the information?

Users and members may opt out of receiving unsolicited information or contact from us and/or our vendors and agencies by responding to emails as instructed on such email, or by contacting us at customerservice@md-gear.com.

Are Cookies Used on the Site/ Does the Site Profile?

In order to allow you to enter certain portions of the Site, this Site uses "cookies", small files with alpha-numeric identifiers stored on your computer's hard drive at the start of each session which expire at the end of each session (unless you ask us to remember your login name, in which case the cookie remains for one (1) year), which our system uses to recognize your browser and offer you more advanced features, and which are used to track your member status.

How the Site uses logging information.

The Site uses logging information derived from users visits to the Site to create a user profile. Logging information includes IP addresses, ISPs, and browser type and linking that information to personally identifiable information. We use this logging information to analyze trends, administer the site, track user's movement and use, and gather broad demographic information.

Is Submission of Personal Information Optional?

Users are not required to submit personal information to use the Site.

What partners or service providers have access to personal information from users and/or members on the Site?

The Site has engaged in special partnerships with certain vendors. Our privacy statement does/does not cover their collection of this information.

Disclosure of personal information to comply with law.

We will disclose personal information in order to comply with a Court Order or subpoena, or a request from a law enforcement agency to release information. We will also disclose personal information where reasonably necessary to protect the safety of our users and members.

How does the Site keep personal information secure?

Our employees are made aware of our security policy and practices. The personal information of our users and member is only accessible to a limited number of qualified employees who are given a password in order to gain access to that information. We audit our security systems and processes on a regular basis. Sensitive information, such as credit card numbers or social security numbers, is collected, used, or disseminated, is protected by encryption protocols, in place to protect information sent over the Internet.

How users can correct any inaccuracies in the information?

Users and members may contact us to update personal information about them or to correct any inaccuracies by emailing us at customerservice@md-gear.com.

Can a user delete or deactivate personal information collected by the Site?

We provide users with a mechanism to delete/deactivate personal information from the site's database upon request by contacting customerservice@md-gear.com. However, because of backups, and records of deletions, it may be impossible to delete a user's entry without some residual information. An individual who requests to have Personally Identifiable Information deactivated will be functionally deleted, and we will not sell, transfer, or use Personally Identifiable Information relating to that individual in any way moving forward.

This Site is not directed at children. Users and Members are required to be eighteen years or older.