Last Spike Brewery Ltd. Terms & Conditions of Use

Effective Date: January 1, 2020

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms and Conditions”) AND THE PRIVACY POLICY LOCATED AT (“PRIVACY POLICY” ) CAREFULLY BEFORE USING THIS WEBSITE. By using this Site, you understand and agree to be bound by these Terms and Conditions and recognize that you may be waiving certain rights. In particular, these Terms and Conditions contain an arbitration agreement, which limits your rights to bring an action in court and have disputes decided by a judge or jury, and provisions that limit our liability to you. Your continued use of this Site is subject to your continued compliance with these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you may not use this Site. This “Site” (as defined below) is owned and operated by Last Spike Brewery Ltd. and its subsidiaries, their operating companies and their respective subsidiaries, affiliates, and affiliated brands, agents, trusted service vendors/providers, and corporate affiliates acting on our behalf (“Last Spike Brewery Ltd. ”, “us” “our” or “we”). This is a contract between you (and, if you are agreeing to these terms and conditions on behalf of another entity, that entity) and the Last Spike Brewery Ltd. entity who owns the digital property that you are using. These Terms & Conditions of Use (the “Terms & Conditions”) set forth the legal terms and conditions governing Sites and online advertisements. “Site(s)” means Last Spike Brewery Ltd. websites, social media pages that we control, promotional sites, widgets and mobile sites and applications, our rewards programs, blogs, interactive applications, email and text messages that we send to you, and other digital/online properties on which these terms are posted or referenced (unless a different or additional policy is provided on a particular site, application or service, in which case such different policy shall govern and control).

PRIVACY STATEMENT; MARKETING COMMUNICATIONS These Terms incorporate the Last Spike Brewery Ltd. Privacy Policy, which describes our practices related to the collection, use, and disclosure of your information. You have a choice in how we communicate with you. Please refer to the Privacy Policy or the marketing communication (e.g., email) for further information on managing communications.

SITE IS INTENDED FOR LEGAL DRINKING AGE CONSUMERS ONLY A. You acknowledge and agree that you are of legal drinking age in the jurisdiction from which you are accessing the Site. If you are under the legal drinking age, you are not permitted to access or use the Site, including accessing advertising or marketing information on the Site. No one under the age of 18 may access the Site. B. If you are of legal drinking age, you acknowledge and agree that you will not forward this Site or share Content (as defined in Section 5A below) from this Site with underage persons. C. You must be of legal drinking age to purchase or consume any Last Spike Brewery Ltd. alcohol beverage products or to participate in any of our promotions/offers on this Site or otherwise.

APPLICABLE LAW; AVAILABILITY OF PRODUCTS AND SERVICES A. Last Spike Brewery Ltd. products and services are available throughout the world. Certain Sites (including particular brand and business unit Sites) may describe products and services that are only available in certain jurisdictions. B. Last Spike Brewery Ltd. Sites are governed by the laws applicable in the respective jurisdictions where we operate.

UPDATES TO TERMS; RIGHT TO UPDATE OR TERMINATE ACCESS Your use of the Sites and continued use of the Sites following any changes to the Terms and Conditions, signifies that you agree with the terms and conditions of the Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use the Site. We may update the Terms and Conditions from time to time by posting additions or modifications to this page, so we encourage you to periodically review the Terms and Conditions. To help you stay current of any changes, we take the following two steps: (i) we note the date the Terms and Conditions was last updated above; (ii) when we make a material change to the Terms and Conditions, we post conspicuous announcement of such changes on the homepage of the Site or we send an email to all users for whom Last Spike Brewery Ltd. (or the appropriate business unit) has contact information. Your use of any Site following the posting of any revised Terms and Conditions shall be deemed acceptance of the revised policy, so we strongly recommend that you review the Terms and Conditions periodically.

LICENSE TO USE THE SITE A. Last Spike Brewery Ltd. grants you a non-exclusive, non-transferable, revocable, limited right and license to access, use and privately display this Site and the Content for your personal, non-commercial use only, provided that you comply fully with these Terms and Conditions. B. You may not use the Site or Content other than as expressly permitted by Section 5(A) above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any Content; (b) use the Site or Content for any commercial purpose; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Site or any underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Site; (g) collect information about users of the Site or the Site itself; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Site. C. You agree to report any violation of these Terms and Conditions by others of which you become aware. D. Any violation of these Terms may result in restrictions on your access to all or part of a Site and may be referred to law enforcement authorities. No changes to or waiver of any part of these Terms shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Last Spike Brewery Ltd.

INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS A. Any and all rights in a Site and the content it contains, or may contain in the future, including but not limited to text, video, pictures, graphics, designs, information, applications, software, articles, directories, as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Content”) are and shall remain the exclusive property of Last Spike Brewery Ltd.  or the third party from which the Content was licensed. B. In certain jurisdictions, Last Spike Brewery Ltd. licenses and distributes a particular brand and all associated trademarks from a third party. In these cases, any and all rights in the third party intellectual property shall remain the exclusive property of the third party, and all rights shall inure to its benefit. In certain cases, Sites and online services may contain various third-party names, trademarks, and service marks that are the property of their respective owners. C. All Sites and associated Content are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties. D. Except as expressly permitted in writing by Last Spike Brewery Ltd.  in advance, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Content for any purpose. E. Any use of the Content other than as permitted by these Terms and Conditions will violate these Terms and Conditions and may infringe upon the rights of Last Spike Brewery Ltd. rights or the rights of the third party that owns the affected Content. Nothing contained in these Terms and Conditions or on a Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of Last Spike Brewery Ltd. or such third party that owns the Content or intellectual property displayed on the Site. You may access this Site for your individual noncommercial use only. Any unauthorized use of the Content of a Site may subject you to civil or criminal penalties.

USER GENERATED CONTENT; ACCEPTABLE CONTENT A. Certain Sites may allow you to send ideas, concepts, comments, graphics, photographs, questions, complaints, materials, or other information (each a “User Content”) posted or communicated to Last Spike Brewery Ltd. . By submitting User Content to us, you grant us, and represent and warrant that any applicable third party with rights in the User Content grants us, a perpetual, irrevocable, worldwide, royalty free, non-exclusive, transferable license to use, reproduce, distribute, sublicense, modify, translate, prepare derivative works of, publicly display, broadcast, publish, and perform this User Content in any manner or medium known now or later devised, including but not limited to commercial use, without any consent/approval, notice and attribution, or compensation to you or any third party. You hereby irrevocably waive, and agree not to assert, any claims based on “moral rights” or similar theories. B. Any material or communication transmitted by you to a Site will not be treated as confidential. C. You may not post or transmit to a Site any Submission containing the image or likeness of anyone who is or appears to be under the legal drinking age or from whom permission has not been granted. D. You represent and warrant that you have permission to transmit any material or communication transmitted by you to this Site, and that the material does not infringe the intellectual property or privacy rights of any third party person or non-person, whether living or dead. E. You will not post or transmit any Submissions to a Site that contain any of the following: Unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, or otherwise objectionable material, as determined by Last Spike Brewery Ltd. F. You agree that your Submissions will not incorporate, encourage, or condone: 1) Criminal activity or conduct that gives rise to civil liability; 2) Any form of violence, hatred or harassment; 3) Any form of discrimination on any ground covered by human rights legislation, such as religion, race, color, sexual orientation, disability, etc. G. You agree that your Submissions will not depict, promote, or encourage: 1) Irresponsible consumption of alcohol; 2) Consumption of alcohol by anyone under the legal drinking age. 3) Engaging in any skilled or dangerous activity while consuming alcohol. H. You agree that your Submissions will not contravene any applicable law, regulation, policy, guidelines or industry standards, as determined by Last Spike Brewery Ltd. I. Last Spike Brewery Ltd. reserves the right to delete or hide any User Content that it deems inappropriate based on these Terms and Conditions.