USER AGREEMENT

MOOSEHEAD BREWERIES LIMITED
TERMS OF USE

This website (the “Website“) is owned, operated and provided by Moosehead Breweries Limited, in conjunction with and on behalf of its subsidiaries, affiliates, related corporations and business names, including Hop City Brewing (collectively, “Moosehead” ).

This website (the “Website”) is owned, operated and provided by Moosehead Breweries Limited, in conjunction with and on behalf of its subsidiaries, affiliates, related corporations and business names, including Hop City Brewing (collectively, “Moosehead” ).Please read the following terms and conditions (the “Terms of Use”) carefully. Your use of this Website, including but not limited to browsing, participating in surveys, contests and promotions, and purchasing products and brewery tours from our online store (the “Services”), is governed by the Terms of Use. Moosehead may, in the future, offer new services and/or features through the Website. Such new features and/or services will also be subject to the Terms of Use.

By entering the Website or accessing or using any of the Services you agree to be bound by the Terms of Use which constitute a binding legal agreement between you and Moosehead. If you do not agree to the Terms of Use, please do not use the Website.

Moosehead may, in our sole discretion, modify the Terms of Use at any time with or without notice to you. The revised Terms of Use shall be posted on the Website. You should review the Terms of Use on a regular basis for any such changes. You agree that your continued use of the Website after the revised Terms of Use have been posted constitutes your consent to all terms and conditions of any revised Terms of Use.

  1. Content

Moosehead makes all reasonable efforts to ensure that the content posted to the Website is complete and current. However, Moosehead does not guarantee the quality, accuracy, completeness or timeliness of the content of the Website. Moosehead assumes no obligation to update the content of the Website and does not represent or warrant that the Website will be free of errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to contests, promotions, pricing, product or service description, shipping charges, transit times and product or service availability. Moosehead reserves the right to correct any error, inaccuracy or omission or to change or update the content of the Website without notice to you.

  1. Intellectual Property

The Website contains content, including but not limited to text, graphics, images and software protected by copyright laws and logos, brands, designs and other marks protected by trademark laws, that are owned by or licensed to Moosehead (the “Intellectual Property”). Moosehead reserves all rights pertaining to the Intellectual Property.

The Website and the Services are for your personal and non-commercial use only, which may include printing content of the Website, and displaying the Website on your computer or mobile device. Except for such limited use rights, no part of the Website may be reproduced in whole or in part, stored in any medium, transmitted in any form or by any means, re-published, exploited, re-distributed or publicly shown, or used to create derivative works without Moosehead’s prior written consent.

The Website may contain other trademarks, logos and links to websites of third parties, which do not belong to Moosehead. Any domain names, URLs, trademarks or logos appearing on the Website or in its content not belonging to Moosehead are the sole property of their respective owners.

  1. Disclaimer of Warranties, Limitation of Liability and Indemnity

Your use of the Website and the Services is undertaken at your own risk. Moosehead does not guarantee, represent or warrant that your use of the Website or the Services will be uninterrupted, timely, secure or error-free, or that no computer viruses, or any other malicious programs, software or malware will be transmitted, or that no damage will occur to your computer. You have sole responsibility for adequate protection and backup of your data and/or your computer equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties. Moosehead may remove the Website or any of the Services for indefinite periods of time or cancel any of the Services at any time, without notice.

The Website and the Services, and all products and services delivered to you through the Website and the Services, are provided for your use without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, operation, non-infringement, usefulness, completeness, accuracy, timeliness, reliability and fitness for a particular purpose.

IN NO CASE SHALL MOOSEHEAD, OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF, OR IN CONNECTION WITH: (1) YOUR USE OF, OR INABILITY TO USE THE WEBSITE OR THE SERVICES; (2) ANY PRODUCT OR SERVICE PROCURED USING THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE BREWERY TOUR; (3) ANY ACTION TAKEN OR DECISION MADE BY YOU IN RELIANCE ON THE WEBSITE OR THE SERVICES; (4) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OF THE WEBSITE OR THE SERVICES; (5) ANY COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION; (6) ANY USE OR REPRODUCTION OF THE WEBSITE OR THE SERVICES; OR, (7) FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR THE SERVICES. THE RISK OF ANY HARM OR DAMAGES FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE (INCLUDING NEGLIGENCE ON THE PART OF MOOSEHEAD, OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS), STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF MOOSEHEAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YOU INDEMNIFY AND HOLD HARMLESS MOOSEHEAD AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS AGAINST ANY AND ALL CLAIMS AND LEGAL EXPENSES ARISING FROM YOUR BREACH OF THESE TERMS OF USE.

  1. Prohibited Uses

By entering the Website or using the Services, you represent to Moosehead that you are (1) of legal drinking age in the jurisdiction in which you reside; (2) are able to enter into a binding contract; and (3) are using the Website and the Services only as they are intended and authorized by the Terms of Use. All other uses of the Website or the Services are prohibited.

You agree that when using the Website or the Services you are subject to, and that your use of the Website or the Services shall not violate, any applicable local, national or international law, including without limitation any regulations having force of law. Without limiting the generality of the foregoing, you agree not to: (1) interfere or attempt to interfere with the proper working of the Website or the Services; or (2) use the Website or the Services to link to, post, transmit or distribute any content which is offensive, defamatory, fraudulent, deceptive, intimidating, harassing, abusive, hateful, encourages or assists conduct that would constitute a criminal offence, invades another person’s privacy, contains computer viruses, or any other malicious programs, software or malware, could result in civil liability, or is otherwise objectionable, inappropriate or unlawful.

Without limitation to any other rights, Moosehead reserves the right to suspend or prohibit any person from using the Website or the Services at any time without notice.

  1. Links to Third Party Sites

The Website may contain links to other non-Moosehead websites (the “Third Party Sites”). We are providing you with access to the Third Party Sites for your convenience only. Moosehead is not responsible for the content, accuracy, or opinions expressed on the Third Party Sites, and does not check the Third Party Sites for accuracy or completeness. A link from the Website to a Third Party Site does not imply any approval or endorsement of the Third Party Site by Moosehead. If you decide to leave the Website and access a Third Party Site, you do so at your own risk. Moosehead is not liable for any harm or damages caused by your use of or reliance on a Third Party Site and its content, including but not limited to any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with a Third Party Site. Please review carefully the policies and practices of any Third Party Site and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns, or questions regarding Third Party Sites, their products and services should be directed to the owner, operator or provider of the Third Party Site.

  1. Privacy

The collection, use, and disclosure of your information is governed by the Moosehead Privacy Policy, which is incorporated into these Terms of Use.

  1. Online Store and Tour Reservations

As part of the Services, you have the opportunity to order products and services (the “Products”) through our online store (the “Online Store”), and to request and purchase reserved tours of the Moosehead Brewery, located at 89 Main Street West, Saint John, New Brunswick (the “Tour Reservations”).

An additional waiver and/or terms and conditions will govern the terms upon which a tour of the Moosehead Brewery may be accessed, which will be provided to you prior to and/or at the time of the tour (collectively, the “Tour Waiver”). If the Tour Wavier is inconsistent with these Terms of Use, the Tour Waiver will govern.

Ordering

When you order a Product or Tour Reservation, you agree that you have made an offer to buy the Product or Tour Reservation. While Moosehead may confirm receipt and processing of orders by email, this does not constitute Moosehead’s acceptance of your order. Moosehead cannot guarantee that all items displayed on your order confirmation will be available at the time your order is shipped.

Moosehead reserves the right, at our sole discretion, to refuse or cancel any order for a Product or Tour Reservation, in whole or in part, for any reason, at any time prior to shipping, without notice.

Descriptions

Moosehead has made every effort to describe and display as accurately as possible the products and services available for purchase on the Website, including the Products and the Tour Reservations. However, Moosehead does not represent or warrant that any products, services, tours, information, or other material purchased or obtained by you from Moosehead, will be as they appear on the Website.

Pricing and Availability

Moosehead reserves the right to limit the quantities or types of Products and Tour Reservations that we offer. Descriptions, pricing and availability of Products and Tour Reservations are subject to change at any time without notice, at the sole discretion of Moosehead. In no circumstances shall Moosehead be liable to you or to any third party in relation to any modification, price change, suspension, unavailability or discontinuance of any Products, the Online Store or the Tour Reservations, whether the liability is based on our own negligence or some other basis.

Moosehead reserves the right to discontinue any of the Products, the Online Store, or the Tour Reservations at any time without notice.

Moosehead may, in our sole discretion limit the quantity of Products or Tour Reservations purchased per person, per household or per order, without notice. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Moosehead reserves the right to refuse or cancel orders without notice that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Cancellation of Orders

In the event that Moosehead makes a change to or cancels an order for any reason, Moosehead may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. However, notification may not be possible and Moosehead is under no obligation to provide such notification.

Moosehead reserves the right to cancel orders for any Products or Tour Reservations if any information on the Website is inaccurate at any time without notice (including after you have submitted your order for a Product or Tour Reservation).

Payment Information

You agree to provide current, complete and accurate purchase and account information for all purchases made at the Online Store and for Tour Reservations. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you.

  1. Shipping/Returns

Shipping and returns are governed by Moosehead’s Shipping/Return Policy.

  1. Linked Social Media

The Website may contain links to Moosehead official social media accounts, including but not limited to those on Facebook, Twitter and Instagram [the “Moosehead Social Media Accounts”]

Moosehead reserves the right, but is not obligated, to monitor the Website and the Moosehead Social Media Accounts and remove, at any time without notice, any post or information which, in Moosehead’s sole opinion, is inappropriate, meant for commercial or promotional uses, or otherwise not in compliance with these Terms of Use.

Moosehead takes no responsibility and assumes no liability for any comments posted by you or any third party on Moosehead Social Media Accounts.

  1. Promotion and Contest Entries

Additional terms and conditions may apply to your entry into certain promotions and contests, which will be provided to you at the time of entry in the promotion or contest (the “Promotion or Contest Terms”). If the Promotion or Contest Terms are inconsistent with these Terms of Use, the Promotion or Contest Terms will govern for the relevant promotion or contest.

Any contest or promotion is void where prohibited.

For “no purchase necessary” information on any Moosehead contest or promotion, please send a self-addressed stamped envelope to:

Moosehead Breweries Limited
No Purchase Necessary – (with the name of the promotion)
P.O. Box 3100, 89 Main St. West,
Saint John, New Brunswick, Canada E2M 3H2

  1. Security

The internet is neither a private nor secure medium. Therefore Moosehead does not represent or warrant the complete security of your information, personal or otherwise. Moosehead has implemented reasonable safeguards to keep your information secure, but cannot guarantee the security or confidentiality of information that you transmit. For additional terms relating to the security of your information, please refer to the Privacy Policy.

  1. Jurisdiction

The Website is administered by Moosehead from our offices in New Brunswick, Canada. The laws of the Province of New Brunswick and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this agreement notwithstanding any conflict of laws provisions or your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with the Website or the Services shall be submitted to and be subject to the jurisdiction of the Courts of the Province of New Brunswick. You submit and attorn to the exclusive jurisdiction of the Courts of the Province of New Brunswick to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Website or the Services. [NTD: confirm choice of jurisdiction with client]

  1. Contact

Questions about the Terms of Use should be sent to us at:

Moosehead Breweries
P.O. Box 3100
89 Main Street West
Saint John, New Brunswick E2M 3H2
consumerinquiries@moosehead.ca