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TERMS OF USE

1. Agreement to terms: By entering this web site (the “Site”), you acknowledge and agree to the following terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. These terms and conditions are applicable to all pages of the Site, unless explicitly stated otherwise on any particular page.

2. No entry for under-aged persons: You must be 21 years of age or older to use this Site.

3. The Indio names, logos and trademarks belong to Indio USA or Heineken USA. By entering this Site you acknowledge and agree that any name, logo, trademark or servicemark contained on this Site is owned or licensed by Indio USA and may not be used by you without Indio USA prior written approval. Indio USA will enforce its intellectual property rights to the full extent of the law.

4. Indio USA is the copyright owner of this Site and no portion of this Site including, without limitation, the text, images, audio or video, may be used in any manner, or for any purpose, without Indio USA’s express prior written permission, except as otherwise explicitly stated herein. You may access this Site for your individual noncommercial use only.

5. By entering this Site you acknowledge and agree that any information, material or communication of any kind that you transmit, send or post to this Site, in any manner and for any reason (“User Communication”), will not be treated as confidential or proprietary. You warrant and represent that any User Communication that you will not submit any User Communication that may infringe any patent, trademark, trade secret, copyright or other intellectual property of a third party. Any User Communication posted by you may be altered, broadcast, posted, published, copied, disclosed, distributed, incorporated or otherwise used by Indio USA or its designees anywhere, anytime and for any purpose whatsoever including, without limitation, the development, manufacture or marketing of products using such information throughout the world and in any medium, whether known or unknown, without compensation of any kind to you. Indio USA does not accept or consider any creative ideas, concepts, suggestions or other materials from the public, and therefore you should not make any such submission to Indio USA in any User Communication either through this Site or otherwise. The terms of the foregoing Section shall be subject to the provisions of Indio USA’s Privacy Policy.

6. You are prohibited from posting on this Site, or transmitting to or from this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, harassing, unlawful or other materials which could constitute or 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. Notwithstanding that Indio USA or other parties are involved in creating, producing or delivering this Site and may, from time to time, monitor or review transmissions, postings or discussions, Indio USA and all parties involved in creating, producing or delivering this Site assume no responsibility or liability which may arise from the content thereof including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

7. Although the specifications, features, illustrations, text, images, audio, video, content and other information and materials contained in the Site are based upon up-to-date information, and while Indio USA makes all reasonable efforts to ensure that all content, information and materials on this Site are correct, accuracy cannot be guaranteed and Indio USA makes no warranties or representations of any kind as to its accuracy.

8. ANY USE AND/OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THIS SITE (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND FUNCTIONS MADE AVAILABLE ON OR THROUGH THIS SITE) IS PROVIDED TO YOU “AS IS” WITHOUT FURTHER REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITH REGARD TO THE CONTENTS OF THIS SITE, INDIO USA EXPLICITLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER: (A) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR MADE AVAILABLE THROUGH THIS SITE; OR (B) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES, BUGS OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT, NETWORK CONNECTIONS OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THIS SITE.

UNDER NO CIRCUMSTANCES WILL INDIO USA OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, HOSTING OR DELIVERING THIS SITE, BE LIABLE FOR: (A) ANY LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES, EXPERT FEES OR OTHER DISBURSEMENTS); OR (B) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OF ANY OTHER KIND OR NATURE; WHETHER ARISING OUT OF THE USE OF THIS SITE, EVEN IF INDIO USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT PERMIT THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL INDIO USA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.

9. You agree to indemnify, defend and hold Cervezas Mexicanas and each of its agents, directors, employees, information providers, licensors and licensees, officers, parents and subsidiaries (collectively “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use.

10. Although this Site may be linked to other sites, Indio USA provides such links solely for your convenience, and is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, responsibility or affiliation with the linked site or any content, information or other materials contained therein, unless specifically stated. Your linking to or viewing of any off-Site pages or other sites is at your own risk. You must obtain Indio USA’s prior written permission to link this Site to your website. Indio USA will only authorize links to sites when a substantial majority of the actual audience of such site is 21 years or age or older.

11. Public forums: This Site may make available chat rooms, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. Any entries you make on this Site that are in conflict with our Terms of Use or in any other way not according to standards of what the public may expect on the Site will be removed at Indio USA’s sole discretion. It should be noted however that we cannot guard every part of the Site every time of the day, and that we assume no responsibility or liability which may arise from the content of any message or other information posted by any third party on the Site.

12. Indio USA respects the intellectual property rights of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.

If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:

All Digital Millennium Copyright Act (“DMCA”) notices should be sent to our copyright agent through the form on this website.

If Indio USA receives such a DMCA notification, we reserve the right to remove the allegedly infringing material.

13. Revision of Terms of Use/Site Content: Indio USA reserves the right to revise these Terms of Use at any time, for any reason and without notice or obligation, by updating this page and such revisions shall become effective immediately upon posting. Indio USA further reserves the right to make changes at any time, for any reason and without notice or obligation, to any of the content contained on this Site. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms of Use.

14. Applicable law: By entering this Site you acknowledge and agree that this Site is construed in accordance with and governed by the laws of the State of New York, USA. If you use this Site from another location, you are responsible for compliance with any and all applicable local laws. Indio USA makes no representation that the content contained within this Site is appropriate for countries outside the United States. You agree that any litigation between you and Indio USA arising from or pertaining to the use of this Site, any advertising associated with this Site, or any link accessible from or providing access to this Site or otherwise shall be governed by New York law and that exclusive jurisdiction resides in the courts of the State of New York, USA.

Last updated January 28, 2011