BrewLock System

TERMS AND CONDITIONS

APPLICABILITY

Agreement to terms: By entering this web site (the "Site"), you acknowledge and agree to the following terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. These terms and conditions are applicable to all pages of the Site, unless explicitly stated otherwise on any particular page.

No entry for under-aged persons: You must be 21 years of age or older to use this Site.

The Heineken Lager and Heineken Light names, logos and trademarks belong to Heineken USA or Heineken Brouwerijen B.V. (collectively, "Heineken"): By entering this Site you acknowledge and agree that any name, logo, trademark or servicemark contained on this Site is owned or licensed by Heineken and may not be used by you without Heineken prior written approval. Heineken will enforce its intellectual property rights to the full extent of the law.

INFORMATION AND LIABILITY

Heineken is the copyright owner of this Site and no portion of this Site including, without limitation, the text, images, audio or video, may be used in any manner, or for any purpose, without Heineken's express prior written permission, except as otherwise explicitly stated herein. You may access this Site for your individual noncommercial use only.

By entering this Site you acknowledge and agree that any information, material or communication of any kind that you transmit, send or post to this Site, in any manner and for any reason ("User Communication"), will not be treated as confidential or proprietary. You warrant and represent that any User Communication that you will not submit any User Communication that may infringe any patent, trademark, trade secret, copyright or other intellectual property of a third party. Any User Communication posted by you may be altered, broadcast, posted, published, copied, disclosed, distributed, incorporated or otherwise used by Heineken or its designees anywhere, anytime and for any purpose whatsoever including, without limitation, the development, manufacture or marketing of products using such information throughout the world and in any medium, whether known or unknown, without compensation of any kind to you. Heineken does not accept or consider any creative ideas, concepts, suggestions or other materials from the public, and therefore you should not make any such submission to Heineken in any User Communication either through this Site or otherwise. The terms of the foregoing Section shall be subject to the provisions of Heineken's Privacy Policy.

INFORMATION OF THIRD PARTIES

You are prohibited from posting on this Site, or transmitting to or from this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, harassing, unlawful or other materials which could constitute or 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 regulation. Notwithstanding that Heineken or other parties are involved in creating, producing or delivering this Site and may, from time to time, monitor or review transmissions, postings or discussions, Heineken and all parties involved in creating, producing or delivering this Site assume no responsibility or liability which may arise from the content thereof including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

INTELLECTUAL PROPERTY

Although the specifications, features, illustrations, text, images, audio, video, content and other information and materials contained in the Site are based upon up-to-date information, and while Heineken makes all reasonable efforts to ensure that all content, information and materials on this Site are correct, accuracy cannot be guaranteed and Heineken makes no warranties or representations of any kind as to its accuracy.

ANY USE AND/OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THIS SITE (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND FUNCTIONS MADE AVAILABLE ON OR THROUGH THIS SITE) IS PROVIDED TO YOU "AS IS" WITHOUT FURTHER REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITH REGARD TO THE CONTENTS OF THIS SITE, HEINEKEN EXPLICITLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER: (A) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR MADE AVAILABLE THROUGH THIS SITE; OR (B) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES, BUGS OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT, NETWORK CONNECTIONS OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THIS SITE.

UNDER NO CIRCUMSTANCES WILL HEINEKEN OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, HOSTING OR DELIVERING THIS SITE, BE LIABLE FOR: (A) ANY LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES, EXPERT FEES OR OTHER DISBURSEMENTS); OR (B) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OF ANY OTHER KIND OR NATURE; WHETHER ARISING OUT OF THE USE OF THIS SITE, EVEN IF HEINEKEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

APPLICABLE LAW AND JURISDICTION

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT PERMIT THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL HEINEKEN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.

UNSOLICITED IDEAS

You agree to indemnify, defend and hold Cervezas Mexicanas and each of its agents, directors, employees, information providers, licensors and licensees, officers, parents and subsidiaries (collectively "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use.

Although this Site may be linked to other sites, Heineken provides such links solely for your convenience, and is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, responsibility or affiliation with the linked site or any content, information or other materials contained therein, unless specifically stated. Your linking to or viewing of any off-Site pages or other sites is at your own risk. You must obtain Heineken's prior written permission to link this Site to your website. Heineken will only authorize links to sites when a substantial majority of the actual audience of such site is 21 years or age or older.

SEVERABILITY

Public forums: This Site may make available chat rooms, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. Any entries you make on this Site that are in conflict with our Terms of Use or in any other way not according to standards of what the public may expect on the Site will be removed at Heineken's sole discretion. It should be noted however that we cannot guard every part of the Site every time of the day, and that we assume no responsibility or liability which may arise from the content of any message or other information posted by any third party on the Site.

INTELLECTUAL PROPERTY

Heineken respects the intellectual property rights of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Website.

If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:

All Digital Millennium Copyright Act ("DMCA") notices should be sent to our copyright agent at heineken@qualitycustomercare.com.

If Heineken receives such a DMCA notification, we reserve the right to remove the allegedly infringing material.

Revision of Terms of Use/Site Content: Heineken reserves the right to revise these Terms of Use at any time, for any reason and without notice or obligation, by updating this page and such revisions shall become effective immediately upon posting. Heineken further reserves the right to make changes at any time, for any reason and without notice or obligation, to any of the content contained on this Site. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms of Use.

Applicable law: By entering this Site you acknowledge and agree that this Site is construed in accordance with and governed by the laws of the State of New York, USA. If you use this Site from another location, you are responsible for compliance with any and all applicable local laws. Heineken makes no representation that the content contained within this Site is appropriate for countries outside the United States. You agree that any litigation between you and Heineken arising from or pertaining to the use of this Site, any advertising associated with this Site, or any link accessible from or providing access to this Site or otherwise shall be governed by New York law and that exclusive jurisdiction resides in the courts of the State of New York, USA.

Last updated January 28, 2011

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PRIVACY POLICY

General

As you visit this web site, Heineken USA wants you to know that we respect your privacy and recognize your desire to safeguard your personal information. This Privacy Policy outlines the type of information that Heineken USA collects from its web sites and how we use the information. The use of this website is intended for people who are 21 years of age or older. If someone under the legal drinking age has provided us with personal information by obtaining access in violation of our website access restrictions, we request that the parent or legal guardian of that person contact us so we can remove the information from our records.

By visiting this web site, you are accepting the practices described in this Privacy Policy. If you do not agree with this Privacy Policy, please leave this website and do not use it.

PERSONAL DATA

What Information Does Heineken USA Gather About Visitors To Its Web Site?

Heineken USA may collect personally identifiable data such as your e-mail address, name, postal address and/or telephone number, password, purchase history and commitments (if applicable), as well as anonymous demographic information that is not unique to you, such as your ZIP code, age, gender, preferences and interests. If you do not want this information collected by Heineken USA, please do not submit this information to us or agree to the collection of this information. Like many web sites, we also use "cookies", which are alphanumeric identifiers that are transferred to your computer's hard drive through your web browser. You can set your web browser to notify you when you are receiving a cookie and choose to reject it. However, rejecting cookies may effect the performance of this web site and prevent you from accessing certain Heineken USA information.

PURPOSES

How Does Heineken USA Use The Collected Information?

The information provided by visitors through site registrations, on-line surveys or otherwise may be stored, analyzed and used to improve our products and services, gain aggregate information on what pages people visit as well as to customize future visits to the site (as applicable) and inform you of products, services and special promotions that may be of interest to you. The information collected will be used for business purposes only. We may also track the Internet Protocol ("IP") addresses of our visitors and analyze this data for trends and statistics, however, this information alone will not allow us to identify who you are.

You can also "opt-in/opt out" of certain uses of your personal information as well as review or request changes to your personal information by sending us an email to heineken@qualitycustomercare.com

RECIPIENTS

Does Heineken USA Share the Information it Receives?

Information about our visitors is an important part of our business and we do not sell it to others. Your personal information may be shared with other Heineken USA business locations throughout the world and as described below.

Heineken USA may share information with other companies employed by it to perform functions on our behalf such as analyzing data and providing marketing/fulfillment assistance. These companies have access to information needed to perform their obligations, but are not authorized to use it for any other purpose and are required to maintain the strict confidentiality of such information.

We may also release information to others (such as governmental or law enforcement agencies) when required to do so by law, or in the good faith belief that such action is necessary to: (i) enforce or apply our Terms of Use, (ii) comply with legal process served on Heineken USA, (iii) protect the rights, property or safety of Heineken USA, or (iv) protect the rights, property or safety of our visitors or the public.

Other than as set forth above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share such information.

While no transmission over the Internet is 100% secure, Heineken USA works to protect the security of your information during transmission by using Secure Socket Layer (SSL) software, which encrypts your information. We cannot, however, guarantee complete security of your information.

Heineken USA is committed to protecting your privacy and may update this Privacy Policy from time to time. If you continue to use this website after changes to this Privacy Policy have been published, this means that you have accepted and agreed to such changes. No changes will be applied retroactively nor will they alter the handling of information previously obtained.

We may include links on this website to other websites whether run by Heineken USA or third parties. We encourage you to review the privacy statements of other web sites you choose to link to from this site so that you understand how those web sites collect, use and share your information. Heineken USA is not responsible for the privacy statements or other content of web sites to which you may link from this site.

SPECIAL NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code section 1798.83, California residents have the right to request and receive from us, once a year, free of charge, information about the personal information we have disclosed (if any) to third parties for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to heineken@qualitycustomercare.com including the phrase "California Privacy Request" in the subject line, and provide us with your name, postal address and email address.

EFFECTIVE DATA

This policy was last updated on January 18, 2011.

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COOKIE POLICY

This local website for US visitors dedicated to the Heineken brand (the “Website”) is provided by Heineken USA Inc. (“Heineken”). After you submit the age-gate form and enter the Website, the Website will make use of so-called "cookies". Cookies are small text files that the Website stores on your user device. Cookies are small text files that the Website stores on your user device.

Cookies used on the Website

The Website uses cookies for the following purposes:

Changing your settings

By changing the settings in your web browser, you can establish that you will be given notice if a cookie is stored on your computer. By changing settings, you can also establish that your browser does not accept cookies from this Website. However, if your browser does not accept cookies from this Website, you may not be able to access or use all features of this Website.

Contact

Please send an email to americas.itsupport@heineken.com in case you have any questions concerning anything on the use of cookies on the Website.

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