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 1. Home
 2. Terms of Use


TERMS OF USE

Last Updated: May 4, 2023
These Terms of Use (“Terms”) govern Your access, browsing, downloading, or
otherwise use to and of this website or mobile application, including all of its
content (collectively the “Service(s)”), which is made available by and/or
operated on behalf of Heineken USA Incorporated (“Heineken,” “We,” “Us,” or
“Our”). The Services are intended for United States audiences and are applicable
for United States products only. If You use the Services from outside of the
U.S., any such use is at Your own risk, and You are responsible for compliance
with all applicable local laws. Heineken may limit the availability of the
Services at any time, in whole or in part, to any person, geographic area, or
jurisdiction that it chooses.
Please review these Terms carefully, as they form a binding contract between You
and Heineken.
By accessing, browsing, downloading, or otherwise using the Services (including,
where applicable, when the Service(s) is a mobile app, by downloading), or by
signing up for or using any Heineken promotions, You agree on behalf of Yourself
and any organization or company You represent (together “You,” “Your,” or
“Yourself”) that You have read and agree to these Terms. If You do not agree to
these Terms, do not use the Service(s).
ARBIRATION NOTICE: THESE TERMS CONTAIN A MANDATORY BINDING ARBITRATION PROVISION
AS SET FORTH IN SECTION 16 BELOW. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW,
THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES WITH US RATHER THAN RESOLVE
DISPUTES THROUGH A COURT PROCEEDING, JURY TRIAL, OR CLASS ACTION. BY ACCESSING,
BROWSING, DOWNLOADING, OR OTHERWISE USING THE SERVICE(S), YOU AGREE TO GIVE UP,
AND YOU HEREBY WAIVE, ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR
REPRESENTATIVE ACTION WITH RESPECT TO ANY DISPUTES OR CLAIMS ARISING OUT OF OR
RELATING TO THESE TERMS OR THE SERVICE(S).
We reserve the right to modify these Terms at any time, except where prohibited
by applicable law. All changes are effective immediately upon posting to the
Service(s) and by accessing, browsing, downloading, or otherwise using the
Service(s) after changes are posted, You agree to the changes.
Table of Contents:
 1.  Age Requirement
 2.  Collection of Information
 3.  Ownership
 4.  Copyright Policy
 5.  Permitted Use of the Service(s); Use Restrictions
 6.  Accounts
 7.  Content You Provide
 8.  Products
 9.  Third-Party Websites and Applications
 10. Linking to Service(s)
 11. Promotions
 12. Disclaimer of Warranties
 13. Limitation of Liability
 14. Indemnification
 15. Governing Law
 16. Arbitration Agreement, Class Waiver, and Waiver of Trial by Jury
 17. Entire Agreement
 18. Termination; Survival
 19. Career Opportunities
 20. Contact Us
 21. Additional Terms for Our Social Media Sites(s)- Community Guidelines

 1.   Age Requirement: You must be twenty-one (21) years of age or older to
     access, browse, download, or otherwise use the Service(s). The Service(s)
     are not intended for anyone under the age of twenty-one (21).
 2.   Collection of Information: Your privacy is important to Us. We provide a
     Privacy Policy that explains Your Privacy rights and choices, Our
     information practices, and how We may collect, use and share Your personal
     information, as well as other types of collected information. Click here to
     view Our Privacy Policy (“Privacy Policy”) for more information, which is
     incorporated into and made a part of these Terms. Except where additional
     notice or consent is required by applicable law, by accessing, browsing,
     downloading, or otherwise using the Service(s), You agree to Our Privacy
     Policy and to the collection, use, and disclosure of information in
     accordance with Our Privacy Policy.
 3.   Ownership The Service(s), including without limitation all of its text,
     audio, graphics, charts, photographs, icons, software, computer code, data,
     trademarks, service marks, logos, slogans, product names, copyrights,
     documentation, other content and materials, and the design, selection, and
     arrangement of such, is the exclusive property of Heineken, or, as
     applicable, its licensors, and is protected by copyright, trademark, trade
     dress, and other intellectual property laws (collectively the “Materials”).
     Heineken®, the Heineken® logo, and other brand marks are trademarks owned
     and registered by Heineken, Heineken Brouwerijen B.V., Cervezas Cuauhtemoc
     Moctezuma, S.A. de C.V, and other licensors. The display of these and other
     marks and notices associated with the marks are not intended as a
     comprehensive compilation of all the trademarks owned by Heineken, Heineken
     Brouwerijen B.V. and Cervezas Cuauhtemoc Moctezuma, S.A. de C.V. (or to
     which it or its licensees have rights). The Service(s) may also contain or
     refer to various third-party names, trademarks, services marks, as well as
     third-party copyrighted materials, which are the property of its respective
     owners.
     Any unauthorized use of any trademarks, trade dress, copyrighted materials,
     or any other intellectual property rights or goodwill belonging to
     Heineken, Heineken Brouwerijen B.V, Cervezas Cuauhtemoc Moctezuma, S.A. de
     C.V., or any other third party is prohibited and may be prosecuted to the
     fullest extent of the law. No licenses, express or implied, are granted by
     Heineken, Heineken Brouwerijen B.V, Cervezas Cuauhtemoc Moctezuma, S.A. de
     C.V., or any other third party to You under any patent, copyright,
     trademark, trade secret, or other intellectual property right of Heineken,
     Heineken Brouwerijen B.V, Cervezas Cuauhtemoc Moctezuma, S.A. de C.V., or
     any other third party, and all such rights are reserved and retained by
     Heineken, Heineken Brouwerijen B.V, Cervezas Cuauhtemoc Moctezuma, S.A. de
     C.V., or other third party as applicable. Without limiting the foregoing,
     these Terms do not grant You any licenses or other rights in or to the
     trademarks of Heineken, Heineken Brouwerijen B.V, Cervezas Cuauhtemoc
     Moctezuma, S.A. de C.V., or any other third party.
     Copyright © 2023 Heineken USA Incorporated. All rights reserved.
 4.    Copyright Policy: Heineken respects the intellectual property rights of
     others, and We ask that visitors to the Service(s) do the same. In
     accordance with the Digital Millennium Copyright Act (“DMCA”), located at
     17 U.S.C. § 512, and other applicable laws, We strive to remove any
     infringing materials from the Service(s), if We become aware.
     
     If you think any copyrights You own or control are being infringed by
     anything on the Service(s), please submit a written notice to Our
     designated agent that contains the information listed below. Your notice
     must meet the then-current requirements implemented by the DMCA or other
     laws, as applicable.
     * A description of the copyrighted work(s) that You claim has been
       infringed;
     * A description of the allegedly infringing material, including its
       location on the Service(s);
     * A statement by You that You have a good faith belief that the disputed
       use is not authorized by the copyright owner, its agent, or the law;
     * Your email address, telephone number, and mailing address;
     * A statement by You, made under penalty of perjury, that the above
       information in Your notice is accurate and that You are the copyright
       owner or are authorized to act on the copyright owner’s behalf; and
     * Your electronic or physical signature, or signature of the person
       authorized to act on the copyright owner’s behalf.
     Contact information for Our designated agent for notice of claims of
     copyright infringement is:
     
     
     
     Heineken USA Incorporated
     ATTN: Legal Department- DMCA
     360 Hamilton Avenue, Suite 1103
     White Plains, NY 10601
     Phone: 1-888-HEINEKEN®
     Email: DMCA@heinekenusa.com
 5.   Permitted Use of the Service(s); Use Restrictions: You may access, browse,
     download, or otherwise use the Service(s) (including, where applicable,
     when the Service(s) is a mobile app, by downloading), solely for Your own
     personal purposes and solely in accordance with all related restrictions
     posted on the Service(s) or otherwise provided by Heineken.
     
     The Service’s content is prohibited from being copied, reproduced,
     downloaded, distributed, modified, republished, uploaded, licensed,
     adopted, adapted, posted, or transmitted in any way, except as may be
     otherwise explicitly permitted by Us in writing. You agree not to engage in
     such activities, nor to create any kind of derivative works from or exploit
     the content of the Service(s) in any way.
     You represent and warrant that: (i) You will perform under these Terms in
     compliance with all applicable laws and regulations; (ii) all information
     You provide in connection with Your access, browsing, downloading or other
     use of the Service(s) is true, accurate, and complete to the best of Your
     knowledge and belief; (iii) You are not located in a country subject to a
     U.S. Government embargo, or designated by the U.S. Government as a
     “terrorist supporting” country; and (iv) You are not listed on any U.S.
     Government list of prohibited or restricted parties.
     You will not, and You will not allow any third party to:
     a. Use the Service(s) for any purpose or in any manner other than the
        manner expressly permitted by these Terms;
     b. Use the Service(s) for any purpose or in any manner that is unlawful or
        prohibited by these Terms, including for any commercial purpose;
     c. Post, transmit, or otherwise make available any Service(s), including,
        without limitation, the content to anyone under the age of twenty-one
        (21) years old, nor promote excessive, irresponsible, or underage
        consumption of alcohol;
     d. Use the Service(s), including, without limitation, any content, in any
        way that infringes on or violates the rights of any other person or
        entity, including without limitation, any patent, trademark, trade
        secret, copyright, other intellectual proper rights, privacy rights, and
        publicity rights;
     e. Delete, obscure, or change any copyright, trademark or other proprietary
        designations, notices, or markings on the Service(s);
     f. Translate, merge, adopt, update, modify, reconfigure, reverse engineer,
        decompile, disassemble, prepare any derivative works of, discover the
        underlying ideas behind, or discover the source code of the Service(s),
        or combine the Service(s) or any part thereof with any other computer
        code, programs, materials, sites, or services;
     g. Copy, reproduce, display, duplicate, sell, publish, disclose, post,
        license, rent, distribute or otherwise exploit the Services or any
        portion (or any use) thereof;
     h. Engage in data mining or similar data gathering or extraction activities
        or retrieve data or other content from the Service(s) (including,
        without limitation using robots, spiders, indexing agents, and screen
        scrapers) for purposes of creating or compiling that content for any
        purpose;
     i. Post, transmit, input, upload, or otherwise make available any
        information or materials that contain virus, worm, Trojan horse, Easter
        egg, logic bombs, time bomb, cancelbots, malware, ransomware, adware,
        spyware or other harmful computer code, file or program that is harmful
        or is potentially harmful;
     j. Perform or attempt to perform any actions that would interfere with or
        disrupt the proper operation of the Service(s), prevent access to or use
        of the Service(s) by others, or impose an unreasonable or
        disproportionately large load on Our infrastructure;
     k. Attempt to disable, damage, overburden, impair or gain unauthorized
        access to the Service(s) or Our servers;
     l. Engage in activities that aim to render the Service(s) or associated
        services inoperable or make its use more difficult;
     m. Commit fraud or falsify information in connection with Your use of the
        Service(s), including, without limitation, impersonating or attempt to
        impersonate any person or entity other than Yourself, falsely state or
        otherwise misrepresent Your identity or status, misrepresent Your
        affiliation with a person or entity, create a false identity, and/or
        hide Your true identity;
     n. Harvest or otherwise collect and/or store personal or other information
        about users or other third parties of the Service(s), including, for
        example email addresses, without the express consent of such users, nor
        send, post, or transmit any unsolicited messages, chain letters, spam,
        or junk mail using the Service(s) without their knowledge or express
        consent.
        
        Heineken may, at any time and for any reason, in its sold discretion,
        and without notice or liability, suspend, deactivate, or terminate Your
        access to or use of the Service(s), and may terminate these Terms,
        including, without limitation, if You breach these Terms or any other
        applicable agreement or if You act in a manner inconsistent with
        applicable laws or regulations.
 6.    Accounts: You may be required to register with Us in order to use all or
     part of the Service(s). If You choose to register with Us, You may be
     required to submit certain information in order to create that
     registration. You are responsible for maintaining the confidentiality of
     any information You use in connection with Your account, including Your
     password. You are responsible for all activity in connection with Your
     registration. You must promptly notify Us of any unauthorized use of Your
     registration information.
     
     Informational about Our collection and use of Your information is described
     in Our Privacy Policy.
 7.    Content You Provide: The Service(s) may allow You to send Us, post,
     submit, upload, transmit, make, or otherwise provide comments, questions,
     compliments, complaints, information, images, documents, and other content
     (“User-Generated Content). Any User-Generate Content You provide is
     voluntary, non-confidential, and gratuitous.
     
     You agree You alone are, and will remain, responsible for any and all
     User-Generated Content You provide and for the legality, originality, and
     appropriateness thereof. User-Generated Content is not generated by
     Heineken. By providing User-Generated Content, You represent and warrant
     that You are the creator and owner of that User-Generated Content or that
     You otherwise have the full ability and all legal rights, permissions, and
     consents necessary to provide that User-Generated Content as contemplated
     by these Terms and applicable laws.
     Concerning any User-Generated Content that You provide, and in addition to
     the use restrictions above in these Terms, You will NOT: transmit or
     provide any information or written, graphic, photographic, or other
     material that is unlawful, threatening, abusive, harassing, tortious,
     defamatory, obscene, pornographic, indecent, libelous, invasive of
     another's privacy, threatening, menacing, offensive, hateful, or racially,
     ethnically or otherwise objectionable; harm, or threaten to harm, minors in
     any way; nor stalk or harass, threaten, or violate the rights of others.
     If You provide User-Generated Content, You agree to grant and You hereby
     grant to Heineken a perpetual, irrevocable, transferable, assignable,
     sublicensable, royalty-free, fully paid-up, worldwide right and license to
     copy, modify, adapt, adopt, reformat, reorganize, translate, excerpt,
     prepare derivative works of, store, publish, perform, display, license,
     exploit, and otherwise use and distribute, in whole or in part, in all
     media and distribution methods now known or later developed, that
     User-Generated Content for purposes of making it available to other
     Service(s) users and the public and for Heineken’s own business purposes
     (including without limitation aggregation and analytics and the marketing
     and development of products and services), without any compensation or
     notice to You. Notwithstanding the foregoing, We will use and disclose
     information that reasonably identifies a natural person only to the extent
     permitted by applicable law.
     Except where prohibited by applicable law, We reserve the right, but We are
     not obligated, to do any or all of the following, at any time and for any
     reason: investigate an allegation that any User-Generated Content does not
     conform to these Terms and determine in Our sole discretion to remove or
     request the removal of any User-Generated Content; edit, remove, or delete
     any User-Generated Content; terminate a user's access to the Service(s) or
     ability to provide User-Generated Content; and monitor, review, prescreen,
     edit, redact, modify, reorganize, recategorize, or disclose any
     User-Generated Content.
     By providing User-Generated Content, You agree not to claim that any use of
     that User-Generated Content by Us, any Service(s) user, or any third party
     infringes or violates Your or any person’s intellectual property rights
     (including, without limitation, copyright), rights of privacy, rights of
     publicity, or other rights, and You waive any and all moral rights in or to
     the User-Generated Content.
     User-Generated Content may be subject to additional terms as posted on the
     Site from time to time, such as those applicable to a particular
     sweepstake, contest, or promotion. To the extent any provision of this
     section conflicts with any provision of those additional terms with respect
     to User-Generated Content, the applicable additional terms will control.
     It is Heineken’s policy not to consider unsolicited ideas. While We
     appreciate You taking the time to consider Us, We are unable to review any
     ideas You may submit. Your submission of any such materials does not in any
     way require Us to review or consider those materials. You further agree
     that the Heineken, its affiliates, and its designees may create or develop
     ideas, products, designs, concepts or other materials or include,
     incorporate, or rely on ideas that may be or appear similar or identical to
     an idea that You may have considered or submitted. You hereby waive any and
     all past, present, and future claims that any ideas, products, designs,
     concepts or other materials used by Heineken, its affiliates, or its
     designees infringes or otherwise violates Your intellectual property
     rights.
 8.    Products: The Service(s) may make available listings, descriptions,
     images, links, and references of and to goods, services, or promotions
     (collectively, “ Products”). Such Products may be made available by
     Heineken or by third parties. The Service(s), including without limitation,
     the content, is intended for United States audiences and is applicable for
     United States products only. All nutritional information or other
     information as provided on the Service(s) is for informational purposes
     only. Certain weights, measures and similar descriptions are approximate
     and are for convenience only. We make reasonable efforts to accurately
     display the attributes of Products, including the applicable colors,
     however the actual colors you see will depend on your computer system, and
     we cannot guarantee that your computer will accurately display such colors.
     Information regarding the availability of any Product is subject to change
     at any time without notice. It is your responsibility to ascertain and obey
     all applicable local, state, and federal laws (including minimum age
     requirements) regarding the possession, use, and sale of any Product.
 9.    Third-Party Websites and Applications: The Service(s) may contain links
     to or be linked to third-party websites or applications, including, without
     limitation third-party ordering and delivery services. All such links are
     solely for your convenience and information. We do not control any
     third-party websites or applications, nor their privacy policies or terms
     of use, which may differ from Ours. We do not endorse or make any
     representations or warranties about any third-party websites or
     applications, nor any products or services made available through
     third-party websites or applications. If You choose to provide personal or
     other information to or through a third-party website or application, that
     third party’s use and disclosure of that information is not covered by Our
     Privacy Policy, even if that third party ultimately shares information that
     it collects with Us. You must review that third parties’ privacy policies
     and terms of use. Our Privacy Policy and these Terms does not apply to
     third-party websites or applications.
 10.   Linking to Service(s): You must obtain Heineken’s prior written
     permission to link the Service(s) to Your website or application. Heineken
     will only authorize links to sites when at least 73.6% of the audience of
     such website or application is twenty-one (21) years of age or older.
     Heineken reserves the right to deny any linking request in its sole
     discretion.
 11.   Promotions: Any sweepstakes, contests, surveys, games or other promotions
     (collectively, “ Promotions”) made available through the Service(s) may be
     governed by rules or terms of use that are separate from these Terms of
     Use. If you participate in any Promotions, you must read and agree to any
     such rules or terms of use prior to participating. If the rules or terms of
     use for a Promotion conflict with these Terms, these Terms will govern
     where conflicting, unless noted otherwise herein.
 12.   Disclaimer of Warranties: YOUR USE OF THE SERVICE(S) IS AT YOUR OWN RISK.
     EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE PRODUCTS AND TO
     THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE(S) (INCLUDING,
     WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND FUNCTIONS MADE
     AVAILABLE ON OR THROUGH THE SERVICE(S)) ARE PROVIDED TO YOU ON AN “AS IS”
     AND “AS AVAILABLE” BASIS WITHOUT ANY CONDITIONS, REPRESENTATIONS, OR
     WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY, OR
     OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY,
     FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, THOSE
     REGARDING AVAILABILITY, QUALITY, ACCURACY, AND ANY ARISING BY OPERATION OF
     LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.
     
     WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICE(S) OR THE FUNCTIONS
     CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE
     SERVICE(S) WILL BE FREE OF VIRUSES OR OTHER HARMFULL COMPONENTS, OR THAT
     DEFECTS WILL BE CORRECTED (EVEN IF WE ARE AWARE OF THEM).
     WHILE WE MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY
     INFORMATION ABOUT HEINEKEN® AND OUR PRODUCTS ON THE SITE, YOU SHOULD NOT
     ASSUME THAT THE INFORMATION PROVIDED IS CURRENT OR THAT THE SERVICE(S)
     CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE. HEINEKEN® DOES NOT
     REPRESENT OR WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER INFORMATION IS
     ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE. HEINEKEN® DOES NOT WARRANT OR
     GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE
     SITE, NOR DOES HEINEKEN® WARRANT OR GUARANTEE THAT ANY DATA, INFORMATION,
     OR MATERIAL ON THE SITE IS ACCURATE OR RELIABLE. HEINEKEN® IS NOT
     RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON OR RELATED TO THE SITE. YOU
     ASSUME ALL RISK AND LIABILITY WHATSOEVER IN CONNECTION WITH THE SERVICE(S)
     AND PRODUCT(S).
     WE DO NOT WARRANT OR ENDORSE, NOR ARE WE RESPONSIBLE OR LIABLE FOR, ANY
     USER-GENERATED CONTENT. ALL USER-GENERATED CONTENT IS SOLELY THE
     RESPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.
 13.   Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
     LAW, IN NO EVENT WILL HEINEKEN HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY
     AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO OR INCURRED BY YOU OR A
     THIRD PARTY (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, PUNITIVE,
     SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGE, ANY LOSS
     OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, OR USE OF MONEY, OR ANY LOSS
     OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION),
     WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT, OR
     OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE(S) IN ANY WAY,
     YOUR USE OR INABILITY TO USE THE SERVICE(S), OR THE RESULTS OF USE OF THE
     SITE (INCLUDING WITHOUT LIMITATION ACTIONS OR ACTIVITIES RESULTING FROM USE
     OF RESOURCES PRESENTED ON THE SERVICE(S), ANY WEBSITES LINKED TO BY THE
     SITE, OR ANY MATERIAL ON SUCH WEBSITES, ANY USE OF ANY IDEA, OR ANY LOSS OR
     DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE,
     DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS, BROWSING, DOWNLOADING, OR
     OTHERWISE USE OF THE SERVICE(S) OR ANY CONTENT FROM THE SERVICE(S) OR ANY
     WEBSITE LINKED TO THE SERVICE(S)).
     
     YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE AND YOUR USE OF THE
     SERVICE(S) IS TO DISCONTINUE YOUR USE OF THE SERVICE(S).
     WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL HEINEKEN®’S LIABILITY TO
     YOU EXCEED U.S.D. $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
     SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
     DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO
     YOU. IN SUCH JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM
     EXTENT PERMITTED BY APPLICABLE LAW.
 14.   Indemnification: Except to the extent prohibited under applicable law,
     You agree to indemnify, defend and hold harmless Heineken from and against
     any and all claims (including, without limitation, third-party claims),
     demands, complaints, actions, damages, judgements, losses, liability,
     settlements, fines, costs and expenses (including, without limitation,
     attorneys’ fees and costs) arising out of or in connection with: (a) Your
     violation or alleged violation of these Terms; (b) Your access, browsing,
     downloading, or otherwise use to or of, or activities in connection with
     the Service(s), (including, without limitation, any claims arising from any
     unauthorized use You make of the Service(s)), Our information, or any
     content accessed from the Service(s); (c) Your submission of information or
     other content (including personal information and User-Generated Content)
     through the access, browsing, downloading, or otherwise use of the
     Service(s); (d) Your use of or access to any third-party links or
     applications; (e) any breach or alleged breach by You of these Terms; (f)
     Your violation of or noncompliance with any law or regulation; and (g) Your
     negligence or willful misconduct. Heineken reserves the right, and You
     grant to Us, the exclusive right to assume the defense and control of any
     matter subject to indemnification by You, in which case, You will cooperate
     as fully as reasonably required in Heineken’s defense of any such claim. In
     no event shall You settle any such matter without the express prior written
     consent of Heineken.
 15.   Governing Law: These Terms, access, browsing, downloading, and otherwise
     use to and of the Service(s), and rights of the Parties hereunder are
     governed by the laws of the State of New York, U.S.A., without regard to
     its conflict of laws rules or choice of law principles and as applicable
     federal laws of the United States, regardless of Your location.
 16.  Arbitration Agreement, Class Waiver, and Waiver of Trial by Jury: PLEASE
     READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE
     LAW, THE TERMS REQUIRE BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF
     LITIGATION IN COURT AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE.
     IT ALSO INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER.
     
     Agreement to Binding Arbitration: You and We hereby agree and consent that
     any claim, controversy, or dispute related to or arising out of access,
     browsing, downloading, or otherwise use to and of the Service(s) or these
     Terms (including the breach hereof) or for any Promotions offered by
     Heineken, whether based in contract, tort, statute, or other legal theory
     (“Disputes”), will be resolved by binding arbitration before a single
     arbitrator as described below. The arbitrator in a binding arbitration, and
     not any federal, state or local court or agency, shall have exclusive
     authority to resolve all disputes arising out of or relating to the
     interpretation, applicability, enforceability, or formation of this
     agreement, including, but not limited to, any claim that all or any part of
     this arbitration agreement is void or voidable. The arbitrator shall be
     empowered to grant whatever relief would be available in a court under the
     law or in equity. If you are a California resident, requests for public
     injunctive relief, if any, shall be decided by a court, not an arbitrator,
     and that request for public injunctive relief shall be severed from any
     arbitration proceeding and stayed pending a final determination of the
     arbitration. Nothing in this arbitration agreement shall be construed as a
     waiver of either Party’s right to seek public injunctive relief, and You
     and We agree to cooperate to effect the stay of any requests for public
     injunctive relief.
     Arbitration proceedings must be initiated within one (1) year after any
     Dispute arises; otherwise, the Dispute is permanently barred.
     Any and all actions taken under this arbitration agreement are confidential
     and must not be disclosed to any third party. Any arbitral award will be
     final and binding and may be enforced by any court of competent
     jurisdiction. This arbitration agreement applies to You and Heineken or
     Heineken affiliated or related entities.
     The arbitration will be administered by the American Arbitration
     Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules,
     which are available at https://www.adr.org/Rules. All AAA arbitration
     proceedings will be held virtually or in a location reasonably convenient
     to both parties, consistent with the AAA’s Consumer Arbitration Rules.
     Notwithstanding the foregoing, in the event of any actual, alleged, or
     threatened violation of confidentiality or violation of Heineken or
     affiliated or related entities’ intellectual property or other proprietary
     rights, or where appropriate to stop or prevent an imminent breach of these
     Terms, You and We may immediately resort to court proceedings in a court of
     competent jurisdiction in order to seek immediate injunctive relief without
     posting bond, proving damages, or meeting any similar requirement. Any
     Heineken institution of any such action for injunctive relief will not
     constitute a waiver of the right or obligation of Heineken to submit any
     claim seeking relief other than injunctive relief to arbitration.
     THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD
     HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO
     HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS
     ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY HAVE
     INSTEAD CHOSEN TO HAVE ALL DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION.
     THE PARTIES FURTHER UNDERSTAND THAT THE RIGHT TO DISCOVER MAY BE MORE
     LIMITED IN ARBITRATION THAN IN COURT.
     Class Action and Class Arbitration Waiver: You and We further agree that
     any arbitration shall be conducted in Our respective individual capacities
     only and not as a class action, and You and We each expressly waive Our
     respective right to file a class action or seek relief on a class basis. If
     any court or arbitrator determines that the class action waiver set forth
     in this paragraph is void or unenforceable for any reason or that an
     arbitration can proceed on a class basis, then the arbitration agreement
     set forth in this section above shall be deemed null and void in its
     entirety and the Parties shall be deemed to have not agreed to arbitrate
     disputes.
     Exception- Small Claims Court: Notwithstanding the Parties’ agreement to
     resolve all disputes through arbitration, either Party may seek relief in a
     small claims court for disputes or claims within the scope of that court’s
     jurisdiction.
     Exclusive Venue for Litigation and Trial by Jury Waiver: To the extent that
     the arbitration provisions set forth in this Section do not apply, the
     Parties agree that any litigation between them shall be filed exclusively
     in state or federal courts located in New York (except for small claims
     court actions, which may be brought where You reside). The Parties
     expressly consent to exclusive jurisdiction in New York for any litigation
     other than small claims court actions. In the event of litigation relating
     to these Terms or the Service(s), the Parties agree to waive, to the
     maximum extent permitted by law, any right to a jury trial, except where a
     jury trial waiver is not permissible under applicable law.
     Additional Terms: This arbitration agreement is made pursuant to a
     transaction involving interstate commerce and will be governed by the
     Federal Arbitration Act, 9 U.S.C. Sections 1-16.
     This arbitration agreement does not amend or modify any rights or
     obligations under any agency agreement, supplier agreement, vendor
     agreement, or any other contract between You and Heineken. All disputes
     within the scope of those agreements will be resolved in accordance with
     their terms.
 17.   Entire Agreement: These Terms, Our Privacy Policy, and/or any other rules
     or terms and conditions incorporated herein by reference, constitute the
     entire understanding and agreement between You and Heineken with respect to
     the Service(s) and Your access, browsing, downloading, or otherwise use
     thereof. Heineken’s failure to insist upon or enforce strict compliance
     with any provision of these Terms will not be construed as a waiver of any
     provision or right. Any waiver of any provisions of these Terms will be
     effective only if in writing and signed by Heineken.
     
     You acknowledge that any other written or oral agreements between You and
     Heineken with respect to the Service(s), if any, are superseded and of no
     force or effect. If any provision of these Terms shall be deemed unlawful,
     void or unenforceable for any reason, then such provision will be deemed
     severable from these Terms and shall not affect the validity and
     enforceability of any remaining provisions.
     Heineken is an independent contractor. These Terms do not, and shall not be
     construed to, create any agency, partnership, joint venture or other form
     of joint enterprise, employment, or fiduciary relationship between You and
     Heineken. These Terms do not confer any rights, remedies, or benefits upon
     any person other than You or Heineken, except that Heineken affiliated or
     related entities are third-party beneficiaries of these Terms.
     You may not assign, transfer or sublicense any or all of Your rights or
     obligations under these Terms. Any such transfer or assignment will be null
     and void. Heineken may assign, transfer or sublicense any or all of its
     rights or obligations under these Terms without restriction.
     Any heading, caption or section title contained herein is for convenience
     only, and in no way defines or explains any section or provision. All terms
     defined in the singular shall have the same meanings when used in the
     plural, where appropriate and unless otherwise specified. Any use of the
     term “including” or variations thereof in these Terms shall be construed as
     if followed by the phrase “without limitation.”
     These Terms and any other documentation, agreements, notices, or
     communications between You and Heineken may be provided to you
     electronically (including, without limitation, by posting them on the
     Service(s) or via email) to the extent permissible by applicable law. These
     Terms and any other documentation, agreements, notices, or communications
     will have the same meaning and effect as it we had provided you with a
     paper copy.
     If any provision of these Terms or the application of any such provision to
     any person or circumstance is held invalid, illegal, or unenforceable for
     any reason whatsoever, the remaining provisions of these Terms and the
     application of such provisions will not be affected. To the fullest extent
     possible, the court finding such provision invalid, illegal, or
     unenforceable will modify and construe the provision so as to render it
     valid and enforceable as against all persons or entities and to give the
     maximum possible protection to persons subject to indemnification within
     the bounds of validity, legality, and enforceability.
 18.   Termination; Survival: These Terms are effective until terminated.
     Heineken may terminate or suspend Your use of the Service(s) at any time
     and without prior notice, including if Heineken believes that You have
     violated or acted inconsistently with the letter or spirit of these Terms.
     Upon any such termination or suspension, Your right to access, browse,
     download, or otherwise use the Services will immediately cease, and
     Heineken may, without liability to You or any third party, immediately
     deactivate or delete Your username, password, account, and all associated
     materials, without any obligation to provide any further access to such
     materials. Any provision of these Terms that are intended to survive
     termination (including, but not limited to, any provisions regarding
     indemnification, limitation of our liability, or dispute resolution) will
     continue in effect beyond any termination of these Terms or of Your access,
     browsing, downloading, or otherwise use of the Service(s).
 19.   Career Opportunities: The Service(s) may provide links to job
     opportunities posted by Heineken and may include instructions on how to
     apply for those opportunities. With respect to job opportunities posted for
     Heineken, do not send us a resume or any other application materials for
     any person other than Yourself. You submission of a resume or other
     application materials does not in any way require Us to review those
     materials or consider You for a position.
 20.  Contact Us: If You have a question or concern regarding the Terms or
     Service(s), please send an e-mail to consumeraffairs@heinekenusa.com. You
     may also contact Us by writing to Corporate Affairs, 360 Hamilton Avenue,
     Suite 1103, White Plains, NY 10601 or by calling Us at 1-888-HEINEKEN.
 21. Additional Terms for Our Social Media Sites(s)- Community Guidelines: The
     Facebook, Twitter, Instagram, or YouTube pages (collectively “Social Media
     Site(s)”) are a community where fans, of legal drinking age, of any brand
     imported or distributed by Heineken USA Incorporated (the “Brands(s)") can
     share experiences, feedback, and information with other fans in a lively
     and supportive setting.
     
     All use of the Social Media Sites must be in compliance with the Social
     Media Site’s Terms of Use, our Terms of Use ( Terms of Use | The HEINEKEN®
     Company USA (heinekenusa.com) ), and with Our Privacy Policy ( Privacy
     Policy | The HEINEKEN® Company USA (heinekenusa.com)).
     There are two (2) types of content a person who accesses the Brand’s Social
     Media Sites (“You”) will see on the page: postings by fans of the Brand
     (“User-Generated Content”) and postings by the Brand. We will identify
     content and statements that are made by the Brand (“Brand Content”). Such
     Brand Content may contain information regarding our Brands, promotions and
     events. All other information and User-Generated Content posted by fans
     should not be construed as being endorsed by or approved by the Brand.
     Please visit the Brand’s website for information regarding the Brand
     specific products and services. User-Generated Content is usually created
     by people just like You who are excited to share things with the Brand
     community. Remember that everybody has an opinion of their own, so the
     comments and posts You come across here may not be true and/or verified by
     the Brand. We cannot control the User-Generated Content that You share, so
     we are also not responsible for any injuries, costs, or damages that result
     from Your activity on our page.
     The Brand reviews all User-Generated Content regularly to ensure that such
     content complies with the Heineken Rules on Responsible Commercial
     Communication and the Beer Institute Advertising and Marketing Code
     (collectively) referred to hereinafter as the “Heineken Codes,” accessible
     here: HEINEKEN®-Responsible-Marketing-Code.pdf (heinekenusa.com) and
     Advertising & Marketing Code – Beer Institute. The Brand also ensures that
     such content is not illegal or otherwise viewed as inappropriate. However,
     because the Brand values free speech and an open community, We do not and
     will not endorse or approve all User-Generated Content.
     You acknowledge the Brand’s right to remove any User-Generated Content that
     We, in Our sole discretion, think is inconsistent in any way with the
     Heineken Codes. While We hope to facilitate discussion around Our brands,
     We will not tolerate and will remove User-Generated Content that We deem to
     be illegal, hateful, aggressive, offensive, threatening, infringing,
     inappropriate or outside the bounds of what We believe to be appropriate
     conversations for Our Social Media Sites’ community, for any reason
     whatsoever and in Our discretion alone.
     The Brand is as honorable as it is delicious, and therefore does not
     support and has the right to remove User-Generated Content that:
     a. Is inconsistent in any way with the Heineken Codes;
     b. Features individuals that are under the age of 25 or appear to be under
        the age of 21;
     c. Contains imagery that may primarily appeal to children (such as
        cartoons, children’s products/toys, etc.);
     d. Depicts religious symbols and/or icons;
     e. Is sexually explicit or suggestive; unnecessarily violent or derogatory
        of any ethnic, racial, gender, religious, professional or age group;
        profane or pornographic; contains nudity;
     f. Promotes illegal drugs, tobacco, firearms/weapons (or the use of any of
        the foregoing); promotes any activities that may appear unsafe or
        dangerous;
     g. Is obscene or offensive; endorses any form of hate or hate group; is
        untrue, defamatory, infringing, abusive, indecent, deceptive,
        threatening, harassing, misleading or unlawful;
     h. Defames, misrepresents or contains disparaging remarks about the Brand,
        or its products or other people, products or companies;
     i. Intends to incite users, cause dissension on the page, or otherwise
        spark controversy (i.e. trolling);
     j. Harasses the Brand or other users of the Brand’s Social Media Sites;
     k. Is posted numerous times (i.e. spamming);
     l. Contains trademarks, logos or trade dress (such as distinctive packaging
        or phraseology) owned by any entity other than the Brand, unless
        licensed;
     m. Contains copyrighted materials owned by any entity (including
        photographs and other works of art or images), unless licensed;
     n. Advertises or promotes any brand, product, service or good of any kind
        other than the Brand products or the Brand product images without the
        Brand’s prior written consent;
     o. Contains any personal identification, such as personal names, street or
        email addresses, or phone numbers;
     p. Violates or encourages the violation of any law, rule or regulation or
        any person’s legal rights, including any right of privacy and publicity;
     q. Contains materials embodying the names, likenesses or other indicia
        identifying any person other than the Brand and the Brand product
        images, including, without limitation, celebrities and/or other public
        or private figures, living or dead;
     r. Communicates messages or images inconsistent with the positive image
        and/or goodwill to which the Brand wishes to associate;
     s. Contains any material that may damage the operation of another person’s
        computer or which contains any other form of virus or malware;
     By submitting a posting of any kind on Our Social Media Sites, You grant
     the Brand a perpetual, irrevocable, royalty-free, non-exclusive right
     (including moral rights) and license to use, exhibit, post, reproduce,
     manufacture, modify, construct, make derivative works from, adapt or
     otherwise exploit the submission (in whole or in part) in any manner
     whatsoever and in any and all media now known or hereafter devised for
     advertising, promotional, and/or other commercial purposes, without
     compensation of any kind. The Brand’s Social Media Sites are public, and by
     posting on Our pages in any way, You acknowledge Your understanding that
     Your posting is public and hereby waive any expectation of privacy in
     relation to the User-Generated Content You post. At all times and without
     notice or liability of any kind, the Brand and its agents retain the right
     to remove User-Generated Content due to any violation of these Community
     Guidelines as determined by the Brand and its agents in their sole
     discretion.

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