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.