PRIVACY POLICY

The Gambrinus Company, a Texas corporation ("Gambrinus"), has created this Privacy Policy in order to demonstrate our firm commitment to the privacy of your personal information. The following discloses our information gathering and dissemination practices for this website (the "Site").

Notice of Information Collected and Disclosed
This Policy tells you, among other things, what information we gather from you through our Site, how we may use or disclose that information, and our efforts to protect it.

In connection with your use of our Web Site, we may collect the following information:

. The domain name, but not the e-mail address of visitors to
our Web Site.

. The e-mail addresses of users who communicate with
us via e-mail.

. Aggregate information on what pages on our Web Site users
access or visit.

. Information volunteered by the user, such as site registration,
and e-mail update requests.

. Information about your transactions with us.

We do not disclose any nonpublic personal information about you to anyone, except as permitted by law, however, we may choose to disclose all of the information we collect, as described above, to companies that perform marketing services on our behalf or to other similar companies with whom we have joint marketing agreements. Gambrinus and its affiliates whose products are provided through this Site are the owners of the information collected on this Site. Gambrinus may share aggregate information about our users with advertisers, business partners, sponsors and other third parties, though such summary information will not identify any specifics related to you. We use the personal identifying information you provide to administer Site usage and monitor traffic-levels, and to contact you regarding improvements we can make to our Site and our services, if necessary. We also may use IP addresses to analyze trends, administer the Site, track user movement, and gather broad demographic information for aggregate use. We may use your e-mail address to contact you directly regarding services, products or information that we believe interest you. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.

Gambrinus restricts access to your nonpublic personal information to those employees who need to know that information to provide merchandise or information to you. Gambrinus maintains physical, electronic, and procedural safeguards to guard your nonpublic personal information.

Choice/Opt-Out
If you prefer that we not disclose nonpublic personal information about you to nonaffiliated third parties, you may opt out of those disclosures; that is, you may direct us not to make those disclosures (other than disclosures permitted by law). If you receive communications from us that you do not want to receive, you can opt-out from receiving these communications, by deleting your registration profile from our database or specifically telling us to stop sending them to you. If you wish to opt out of disclosures to nonaffiliated third parties, you may call The Gambrinus Company at the following toll-free number: 1-800-596-6486.

Onward Transfer (Transfers to Third Parties)
We will apply the Notice and Opt-out policies discussed above in the event we propose to disclose your information to a third party.

Security
For your security, certain portions of our Site are encrypted with Secure Sockets Layer Protocol ("SSL") technology on both the client and server end. VeriSign has issued Gambrinus a unique ID, which assures visitors that they have reached our authenticated Site, thereby allowing communications to be encrypted. In order for 128-bit SSL to work, though, you must have a browser that supports SSL technology.

Please note that e-mail may not be encrypted and cannot be considered a secure means of transmitting sensitive information. Gambrinus will never ask you to submit your financial data such as your credit card account numbers, via e-mail.

This website takes every reasonable precaution to protect our users' information. When users submit sensitive information via the website, your information is protected both online and off-line. When our order form asks users to enter sensitive information (such as credit card account numbers), that information is encrypted and is protected with the encryption software in the industry - SSL. While on a secure page, the lock icon on the bottom of Web browsers, such as Netscape Navigator and Microsoft Internet Explorer, becomes locked, as opposed to un-locked, or open, when you are just 'surfing'.

While we use 128-bit SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only those individuals and entities who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Furthermore, all parties who receive sensitive information are kept up-to-date on our security and privacy practices. We frequently notify and/or remind those parties about the importance we place on privacy, and what they can do to ensure our customers' information is protected. Finally, the servers on which we store personally identifiable information are kept in a secure environment, with access restricted.

Regardless of the precautions taken by you or by us, "perfect security" does not exist on the Internet. We cannot ensure or warrant the ultimate security of any information you transmit.

Collection and Use of IP Addresses
We use IP addresses to analyze trends, administer the Site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Cookies
A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the Site uses to track the pages you've visited.

When you register at the Site, Gambrinus uses a cookie to store a unique, random user ID. We do not store passwords or any personal information about you. We use this ID to identify you anonymously in our database and to track information while you are on our Site. Cookies also enable you to enter the Site as a registered user without having to log on each time.

You can refuse cookies by turning them off in your browser. You do not need to have cookies turned on to use the Site. However, if you turn off cookies, then you may not be able to utilize certain features of the Site.

Linked Sites
The Site may contain links to other sites. Please be aware that Gambrinus may not be responsible for content or the privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Site.

Children's Privacy
This Site is not directed at children under the age of 21 and does not knowingly collect personal information from children under the age of 21. If Gambrinus obtains actual knowledge that it has obtained personal information about a child under the age of 21, that information is immediately and permanently deleted from our records.

Changes to Privacy Policy
We may occasionally change this Privacy Policy. If we do, we will post the changes on the Site. The changes will take effect as soon as posted.

Contact Information
If you have a comment, question or request, or if you need to contact Gambrinus for any other reason, there are four easy ways to do so.

(a) E-mail: You can e-mail us at info@gambrinus.com. To contact us via an online form, click here.

(b) Toll-Free Telephone Number: You may call us at 1-800-596-6486. If you call after normal business hours, please leave a message and your telephone number. We will get back to you as quickly as possible. Normal office hours are Monday through Friday, 8:30 a.m. to 5:30 p.m. Central Time.

(c) U.S. Mail: Send mail to us at:

The Gambrinus Company
14800 San Pedro Avenue
San Antonio, Texas 78232

TERMS OF USE AGREEMENT

This Terms of Use Agreement ("Agreement") constitutes a valid, binding contract between you and The Gambrinus Company, a Texas corporation ("Gambrinus"), the owner and operator of the site accessible through www.gambrinus.com and www.gambrinusco.com, with respect to the use of this website (the "Site"). The products and services of Gambrinus are provided subject to compliance with the terms of this Agreement. YOUR USE OF THIS SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME. Please read this Agreement carefully as it forms a binding contract between you and Gambrinus. Please print a copy of this agreement for your records.

Gambrinus takes the issue of privacy on the Internet very seriously. To view our privacy policy, click here.

Personal Use of Contents
The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from the appropriate content provider.

Use of Site
Your use of the Site is at the sole discretion of Gambrinus, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site does not entitle you to continued use of the Site.

Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:

(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;

(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(c) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or

(d) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.

User Submissions
By voluntarily submitting information, communications or content (including pictures and anecdotes) to the site, you agree that such submissions are non-confidential for all purposes. You further agree that such submissions become the property of Gambrinus and that all title and interest therein, including all rights of copyright, shall rest with Gambrinus at the time they are submitted and/or posted. Such submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice. The submission of such materials in no way creates any obligation or duty on the part of Gambrinus to post or use such materials or, if we do so, to give you credit.

Links to Other Sites
The Site may contain links to third party websites. Gambrinus makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.

Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS GAMBRINUS AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF GAMBRINUS, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GAMBRINUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

(b) GAMBRINUS MAKES NO WARRANTY THAT:

(1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR

(3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAMBRINUS OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GAMBRINUS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GAMBRINUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(a) THE USE OR THE INABILITY TO USE THE SITE;

(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR

(d) ANY OTHER MATTER RELATING TO THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, GAMBRINUS' (AND ITS AFFILIATE'S, IF ANY) LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE SUM OF PAYMENTS MADE FOR MERCHANDISE PURCHASED THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $1,000. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST GAMBRINUS ARISING OUT OF THE USE OF THE SITE.

GAMBRINUS SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.

(a) Gambrinus grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.

(b) The logos, and other trademarks, service marks, labels, product names and service names of Gambrinus, Cerveceria Modelo, S.A. de C.V., Cerveceria del Pacifico, S.A. de C.V., Pete's Brewing Company, Spoetzl Brewery, Inc., and BridgePort Brewing Company, including without limitation BridgePort, Corona, Moosehead, and Shiner (collectively, the "Marks"), are owned or licensed by Gambrinus. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Gambrinus. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by The Gambrinus Company.

(c) The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are Copyright 2002-2003, The Gambrinus Company. All rights reserved. The copyrighted and proprietary property of The Gambrinus Company may not be duplicated or used without The Gambrinus Company's express prior written consent.

Digital Millennium Copyright Act
You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the site. Gambrinus has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this site. If you believe any material on this site is infringing, please contact us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims ("Designated Agent").

You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at:

The Gambrinus Company
Attn: General Counsel
14800 San Pedro Avenue
San Antonio, Texas 78232
210-490-9128 (phone)
210-490-9984 (fax)
dmca@gambrinus.com

Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set for the in the DMCA. You are encouraged to review them (see 17 U.S.C. 512(c)(3)) before sending your claim.

Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

Modification
Gambrinus may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.

Entire Agreement
This Agreement constitutes the entire agreement between you and Gambrinus with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.

Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

Governing Law and Venue
This Agreement, the entire relationship between you and Gambrinus, and any litigation or other legal proceeding between you and Gambrinus (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules.

This contract is fully performable in Bexar County, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Bexar County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Termination
Gambrinus may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

Contact Information
If you have a comment, question or request, or if you need to contact Gambrinus for any other reason, there are three easy ways to do so.

(a) E-mail: You can e-mail at info@gambrinus.com.

(b) Toll-Free Telephone Number: You may call us at 1-800-596-6486. If you call after normal business hours, please leave a message and your telephone number. We will get back to you as quickly as possible. Normal office hours are Monday through Friday, 8:30 a.m. to 5:30 p.m. Central Time.

(c) U.S. Mail: Send mail to Gambrinus at:

The Gambrinus Company
14800 San Pedro Avenue
San Antonio, Texas 78232

 


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