Terms of Use – Applicants

Legal drinking age notice

The Application Website (the website) should not be accessed or viewed by you if you are not of legal drinking age in your country, province or state. By using this website, you confirm that you can legally consume alcoholic beverages and that you are not in a country, province or state where the consumption of alcoholic beverages or the content of this website is not permitted.

This website shall not be used where, and to any extent, such use is prohibited by law. Your use of this website from any location is subject to your compliance with all laws and regulations that may be applicable to you.

You agree to these Terms of Use and our Privacy Policy

By using this website, you are agreeing to these Terms of Use and our Privacy Policy, as described further below.

By clicking on "I ACCEPT" or “I AGREE” on this website, you are also providing your digital signature and you are confirming your agreement to these Terms of Use, our Privacy Policy and any other applicable policies to which you have indicated your acceptance. If you do not agree to these Terms of Use or the Privacy Policy you must exit this website immediately.

We revise these Terms of Use and the Privacy Policy from time to time. You should review them periodically to ensure you agree with them and that you are complying with them because they are binding on you.

You agree to our collection, use, disclosure and transfer of your information as described in the Privacy Policy

To understand how we may collect, use, disclose or transfer information about you obtained through your use of this website, you should consult our Privacy Policy. You should ensure you have carefully read and understood its terms, and that you agree to have information about you collected, used, disclosed and transferred as described in the Privacy Policy. By indicating you have read and agreed to these Terms of Use and our Privacy Policy, you have given your consent, permission and authorization for us to collect, use, disclose and transfer information about you or supplied by you in accordance with the practices described in the Privacy Policy.

Once you have given this consent, you must actively advise us if you wish to withdraw or discontinue it, which will also result in the termination of your use of this website. If you have questions about the Privacy Policy, these Terms of Use or our information management practices, please contact us for more information here.

Use of this website is at your own risk

By entering this website you acknowledge and agree that your use of it is at your own risk. This means that you agree that our brewery, including its owners, officers, directors, employees, or anyone involved in creating, producing, or delivering this website (together, we) are not liable for any damages whatsoever caused by your used of the website. This includes damages that are direct, incidental, consequential, indirect or special, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise directly or indirectly. You agree we are not liable regardless of whether such liability or damages arise in contract, tort, negligence, equity, statutorily or otherwise. You agree we are not liable for any such damages in connection with your 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 of any materials, text, data, images, video or audio from this website. You agree we are not liable for damages caused by transmission defects, viruses, data breach, data theft or loss, bugs, human action or inaction, or phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

Copyright belongs to us

We are the owners of copyright in this website and other intellectual property related to this website. No portion of this website, including but not limited to the content, information, text, images, audio or video, may be used in any manner, or for any purpose, without our brewery’s prior written permission. Without in any way waiving any of the foregoing rights, you may download one copy of the material 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. You hereby agree that modification, reposting or use of the material on this website in any other manner whatsoever and for any other purpose violates our rights.

Our brewery’s name, logo and trademarks

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 us (or a parent company, affiliate or partner of ours) and may not be used by you without prior written approval. We will enforce our intellectual property rights to the full extent of the law. Any unauthorized use of all, part, or any aspect of our intellectual property may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy rights or publicity rights.

The internet is not a secure medium

The internet is not a secure medium, and the privacy of your communications and/or visits to this website cannot be guaranteed. The nature of internet communications means that your communications or information may be susceptible to data corruption, unauthorized access, data breach, theft or loss, interception and delays. This website may include incomplete information, inaccuracies or typographical errors. We may make changes in the information and content included in this website at any time without notice.

You agree that we are not responsible for any detrimental reliance you may place on this website or its contents. Except as otherwise provided herein, 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, may 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 may be used by us anywhere, anytime and for any reason whatsoever.

Unlawful behavior

You agree you will not use this website to communicate to others, to post on this website, or otherwise transmit to this website any materials, information or communication that either causes harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful harassing, pornographic, obscene, profane, defamatory, libelous or threatening material. This includes material which constitutes or 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 regulation. You agree that we have no liability for claims related to any of the above noted matters.

Hyperlinks

Although this website may be linked to other websites, we are not directly or indirectly implying any approval, association, sponsorship, endorsement or affiliation with the linked website unless we specifically say so in writing on this website. By entering this website you acknowledge and agree that we have not reviewed all websites linked to this website and we are not responsible for the content of any off-website pages or any other website linked to this website. Your linking to any other off-website pages or other websites is at your own discretion and risk.

Revision of these Terms of Use

We reserve the right to revise these contractual Terms of Use concerning your present and future use of this website at any time and for any reason without notice or obligation to you. It is your sole responsibility to ensure you agree and comply with the Terms of Use as posted at all times. If you do not agree and do not intend to comply with the Terms of Use as posted, discontinue using this website immediately.

Applicable law, jurisdiction and dispute resolution

By entering this website you acknowledge and agree that this website (including all transactions or services effected through it) and these contractual terms shall be construed and evaluated according to the laws of the Province of Ontario and the Federal laws of Canada applicable therein. You hereby agree and confirm that your use of this website and all of the communications, transmissions and transactions associated with this website shall be deemed to occur in the Province of Ontario.

By using this website, you hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario as the proper and most convenient forum for any dispute arising from your use of this website.

You acknowledge that any proceeding arising from your use of this website must be commenced in the City of Toronto in the Province of Ontario regardless of where you may be located and regardless of the application of any conflicts of law principles. If you use this website from another jurisdiction, you are responsible for compliance with any and all applicable local laws.

Language

English shall be the language of this website and all transactions occurring in connection with this website. You waive any right to use and rely upon any other language or translations. Il est de la volonté express des parties que le préésent website et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.

We have the right to restrict your access to this website

You agree that we have the right to prevent, intercept, prohibit or otherwise restrict your access to and/or use of this website if we believe or determine in our sole and absolute discretion that you have not fully complied or may not fully comply with all of the provisions set out in these Terms of Use or our Privacy Policy.

Exclusions and Limitations of Liability

You agree that we are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in this website or by any technical or human error which may occur in the processing of submissions in this website. We and our 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, information transmitted to or through this website.

We are not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or messages on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users or to any other person's 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 failure, or any other cause beyond our control which corrupts or affects the administration, security, fairness, integrity or proper conduct of this website, we reserve the right to cancel, terminate, modify or suspend the website or any of its functions indefinitely.

You agree to release and indemnify us from all claims

You agree to release, indemnify and hold harmless our brewery, our affiliates, agents and partners, and their respective parents, subsidiaries, affiliates, directors, sponsors, officers, consultants, agents, and employees against and from all claims, damages, liabilities, costs and expenses asserted by you or any third parties alleging that the website includes obscenity, libel, slander, or infringes upon your or the third party's intellectual property or privacy rights.

You further agree to not knowingly damage or cause interruption of the services on the website, prevent others from using the website or obtain or modify another user's account information without their consent. Should a claim be brought against us involving allegations of any such activity on your part, you agree to fully indemnify us for any and all costs, awards, penalties or damages resulting from the claim.

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 we make reasonable efforts to ensure that the material on this website is correct, accuracy cannot be guaranteed and we make no warranties or representations as to its accuracy.

For some information on this website, we rely on other entities to provide content without any direct or independent authentication, verification, assessment or validation by us. You are solely and exclusively responsible for authenticating, verifying, assessing and validating all information. The information included in this website does not constitute, and shall not be considered, the advice, recommendation, or endorsement of our brewery.

Unless otherwise agreed to in writing by our brewery, the information and contents of this website is provided on an “as is” basis only. All express or implied 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.

Miscellaneous

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in force and effect.

Last Updated: August 2016

Copyright 2016. All rights reserved.