NORTH AMERICAN BREWERIES ("NAB") WEBSITE TERMS OF USE

GENESEE BREWING COMPANY

ENTRY AT YOUR OWN RISK

By browsing and using the NAB Website (the “Website”) you are agreeing to the terms and conditions set forth herein. In addition, wherever, you click the "ACCEPT" icon anywhere on this Website, for example in registering for a contest or purchasing items, you are providing your signature and you are confirming your agreement to the terms and conditions as stated in association with that icon. If you do not agree to these terms and conditions, exit this Website immediately. By entering this Website, you acknowledge and agree that your use is at your own risk and that NAB its owners, affiliated companies, officers, directors, employees, agents, or any party involved in creating, producing, or delivering this Website are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise under statute contract, tort, equity, common law, or otherwise, in any connection with access to, use of, or browsing of, this Website, or in connection with any content, information, data, promotions, or activities associated with this Website, or in connection with your downloading any materials, text, data, images, video or audio from this Website including, but not limited to, anything caused by any transmission defects, viruses, bugs, human action or inaction, phone lines, hardware, software, program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

Your use of this Website may not be permitted in all jurisdictions, and shall only constitute an "offer or solicitation" where permitted, and only to the extent permitted by law. This Website shall not be used where such use is prohibited by law. Your use of this Website from any location is subject to your compliance with all applicable laws and regulations. You agree, and confirm, that your use of this Website is in full compliance with the laws of the jurisdiction to which you are subject, and that you are not prohibited from using this Website due to any restriction, including any age restriction.

LEGAL DRINKING AGE NOTICE

This Website is not to be accessed or viewed by you if you are not of legal drinking age in your country (21 and over in the United States) or if you are in a country where the consumption of alcoholic beverages or the content of this Website is not permitted. You acknowledge that eligibility for participation in contests, promotions and other aspects of this Website may be restricted to only United States residents 21 years of age or older.

NO WARRANTY ON CONTENTS, INFORMATION, AND MATERIALS

Although the specifications, features, illustrations, equipment and other information contained in this Website are based upon reasonably current information, and while NAB makes reasonable efforts to ensure that the material on this Website is correct, accuracy cannot be guaranteed and NAB makes no warranties or representations as to its accuracy.

NAB may rely upon others to provide the information that is included in this Website without any direct or independent authentication, verification, assessment, and validation. All users of this Website shall be solely and exclusively responsible to authenticate, verify, assess and validate all information that is included on this Website. The information included in this Website, including any links to third party websites, does not constitute, and shall not be considered, the advice, recommendation, or endorsement of NAB unless expressly stated.

UNLESS OTHERWISE AGREED TO IN WRITING BY NAB, THE INFORMATION AND CONTENTS OF THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS ONLY, AND IS FOR PRIVATE AND NON-COMMERCIAL END-USE ONLY, AND ALL EXPRESS OR IMLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AUTHENTICITY, VALIDITY OR NON-INFRINGEMENT, ARE COMPLETELY DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION. EXCEPT AS OTHERWISE EXPRESSLY AGREED, NAB MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES AS TO THE QUALITY, AUTHENTICITY, VALIDITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION AND CONTENTS OF THIS WEBSITE.

INTELLECTUAL PROPERTY

By entering this Website, you acknowledge and agree that any name, logo, trademark or service mark contained on this Website is owned or licensed by NAB or one of its partners and may not be used by you without prior written approval. NAB will enforce its intellectual property rights to the fullest extent of the law. Any unauthorized use of all or part of the intellectual property appearing on the Website may subject you to penalties or damages, including but not limited to those related to infringement of trademarks, copyrights, and privacy rights.

NAB is the copyright owner of all materials appearing on the Website unless expressly stated otherwise. No portion of this Website including, but not limited to, the content, information, text, images, audio or video, may be downloaded or otherwise used in any manner, or for any purpose, without NAB’s prior written permission, except if expressly stated otherwise. Without waiving any of the foregoing rights, you may download one copy of any material designated as permitted on this Website for your personal, non-commercial home use only, provided you do not delete, obstruct or change any copyright, trademark or other proprietary notices. Modification, reposting or use of the material from this Website in any other manner and for any other purpose is strictly prohibited.

Except as otherwise stated herein and in the NAB Privacy Policy, by entering this Website, you acknowledge and agree that any communication or material you transmit to this Website, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any communications, information, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to this Website will not be deemed or considered your intellectual property and may be used by NAB in its business for any reason whatsoever without any liability or compensation being owed to you.

INTERNET NOT A SECURE MEDIUM

The Internet is not a secure medium, and neither the privacy of your communications, nor visits to this Website, can be guaranteed. The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. This Website may include incomplete information, inaccuracies or typographical errors. NAB and any other persons involved in the management of this Website, may make changes in the information and content included in this Website at any time without notice. NAB shall not be responsible for any detrimental reliance you may place the information appearing on this Website.

UNLAWFUL BEHAVIOR

You are prohibited from using this Website to communicate to others, post messages, or otherwise transmit any materials, information, or communication that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful harassing, pornographic, obscene, profane, defamatory, libelous, destructive, or threatening materials which may encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or rights to privacy. You may not advertise or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters or download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner. NAB and all parties involved in creating, producing or delivering this Website, assume no responsibility or liability which may arise from the content of the Website, including but not limited to, claims for any of the above-noted matters.

HYPERLINKS
Although this Website may be linked to other websites, NAB is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked website, unless specifically stated therein. By entering this Website you acknowledge and agree that NAB has not reviewed nor is responsible for any and all websites linked to this Website. Your linking to any other website is at your own discretion and risk.

APPLICABLE LAW
By entering this Website you acknowledge and agree that this Website, including contests and any goods and services offered, and these terms and conditions, shall be construed and evaluated according to the laws of the United States of America. You hereby agree and confirm that your use of this Website and all of the communications, transmissions and transactions associated with this Website shall have occurred in the United States of America and that you submit to the exclusive jurisdiction of the courts of the United States of America as the proper and most convenient forum concerning litigation relating to this Website. If you use this Website from another jurisdiction, you are responsible for compliance with any and all applicable local laws.

ACCESS CONTROL
NAB shall have the right, at all times, to prevent, intercept, prohibit or otherwise restrict, your access to and/or use of this Website, if NAB determines, or has reason to determine, in its sole and absolute discretion, that you have not fully complied with all of the terms and conditions stated herein.

CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND NAB RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

EXCLUSIONS AND LIMITATIONS OF LIABILITY
NAB shall not be responsible for any incorrect or inaccurate information, whether caused by other users, equipment or programming associated with or utilized in this Website, or technical or human error which may occur in the processing of submissions to this Website. NAB and its partners and agents assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, entries or submissions. NAB shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, or email as a result of technical problems or traffic congestion on the Internet, including injury to any person or damage to any computer related to or resulting from using services or downloading materials in this Website. If, for any reason, this Website is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes NAB reserves the right to cancel, terminate, modify or suspend the services or Website indefinitely. English shall be the language of this Website and all transactions occurring in connection with this Website, and you waive any right to use and rely upon any other language or translations.

You agree to indemnify and hold harmless NAB its agents and partners, and their respective parents, subsidiaries, affiliate, directors, sponsors, officers, consultants, agents, and employees against and from all claims, damages, liabilities, costs and expenses asserted by third parties as direct result of any action you take in violation of the Terms of Use. You further agree to not knowingly damage or cause interruption of the services on the Website, unlawfully prevent others from using the Website, or obtain or modify another user's non-public account information without their express consent.

REVISION OF THIS PAGE
NAB reserves the right to revise these terms and conditions concerning use of this Website at any time and for any reason, without notice or obligation, to you.

(C) 2009 North American Breweries. All Rights Reserved.