TRULY HARD SELTZER TERMS OF USE

This website (the “Website“) is owned, operated and provided by Moosehead  Breweries Limited, in conjunction with and on behalf of our subsidiaries, affiliates,  related corporations and business names (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, is governed by 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. 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.

2. DISCLAIMER OF WARRANTIES,  

LIMITATION OF LIABILITY AND INDEMNITY

Your use of the Website 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 for indefinite periods  of time without notice.

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; (2) ANY ACTION  TAKEN OR DECISION MADE BY YOU IN RELIANCE ON THE WEBSITE; (3) ANY  FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,  DEFECT, DELAY IN OPERATION OR TRANSMISSION OF THE WEBSITE OR THE  SERVICES; (4) ANY COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT  OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF  YOUR INFORMATION; (5) ANY USE OR REPRODUCTION OF THE WEBSITE; OR, (6)  FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE 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.

3. PROHIBITED USES

By entering the Website, 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 only as they are intended and  authorized by the Terms of Use. All other uses of the Website are prohibited.

You agree that when using the Website you are subject to, and that your use of the  Website 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 (2) use the Website 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 at any time without notice.

4. 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.

5. PRIVACY

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

6. LINKED SOCIAL MEDIA

The Website may contain links to Moosehead official social media accounts,  Instagram [the “Truly Hard Seltzer Canada 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.

7. 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.

8. 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