Terms of Use and Subscriber Agreement

By subscribing to, purchasing, or reading one or more of BeerNet Communications, Inc.'s (a division of Schuhmacher Beer Company, Inc.) newsletters or other publications, and/or by using the BeerNet Online website (www.beernet.com), all collectively referred to as "BeerNet", you agree to the following terms and conditions.

Most importantly, while BeerNet strives for accuracy, BeerNet will not be held responsible for losses or other claims as a result of decisions made from incorrect or even correct information found on this website or in any of our publications. All information must be verified independently by the reader. Read Article 7 below for full details.

1. Changes to Agreement.
"Terms of Use" and "Subscriber Agreement" are collectively referred to as "Agreement", and apply to subscribers as well as all users of BeerNet Online (www.beernet.com) and readers of any of our publications. We may change the terms of this Agreement at any time by simply making the change on the website found at http://www.beernet.com.

2. Privacy.
If you are located outside of the United States, note that information that you provide to us is being sent to the United States. By subscribing to BeerNet Online or one or more of its publications, you consent to your data being sent to the United States. All of your personal information is kept private and is not sold or rented.

3. Fees and Payments.
You can always find the current Subscription Fees for BeerNet posted at http://www.beernet.com. By subscribing you agree to pay the Subscription Fees at the rates in effect when the charges were incurred. We will bill charges to your credit card or we will bill you or your company, whichever you choose. All fees and charges are nonrefundable except as agreed to in the order literature. We may change the fees and charges and terms then in effect, or add new fees or charges at any time, but the subscriber will not be responsible for them unless he/she renews. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed BeerNet using your user name and password without your authorization, call us at 210-805-8006.

4. Renewal.
Your subscription will renew automatically until you cancel. You can cancel at the website or by calling 210-805-8006.

5. Limitations on Use.

  1. Only one individual per subscription may access BeerNet using a user name or password, unless we agree otherwise. One subscription equals one reader.
  2. The content available through BeerNet is the property of BeerNet or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the content available through BeerNet for your personal, non-commercial use only.You agree not to copy, retransmit, forward, or otherwise provide access to the content received through BeerNet to anyone, including your fellow employees, with the following exception: You may occasionally distribute a copy of an article or a portion of an article from BeerNet to a few individuals without charge, provided it is not on a regular basis and you include the original source attribution. Members of the press may freely quote items from BeerNet with attribution under Fair Use.
  3. You agree not to post any content from BeerNet to newsgroups, mail lists or electronic bulletin boards, without our written consent.
  4. You agree not to use BeerNet for any unlawful purpose. We reserve the right to terminate or restrict your access to BeerNet if, in our opinion, your use of BeerNet may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.

6. Commentary.
BeerNet's editors, contributors, writers, and other content providers often provide editorial, commentary, and opinions which may or may not be the opinion of BeerNet. All content provided by BeerNet is personality-driven by nature, and as such there are often strong opinions put forward. If you do not agree with these opinions or are offended by them, don't read them or email us with your opinion.

7. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
YOU AGREE THAT YOUR ACCESS TO AND USE OF BeerNet AND THE CONTENT AVAILABLE THROUGH BeerNet IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not give legal, tax, or investment advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for legal, tax, and investment advice. SCHUHMACHER BEER COMPANY, INC., BEERNET COMMUNICATIONS, AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON OR ENTITY AS A RESULT OF YOUR ACCESS OR USE OF BEERNET AND/OR ITS PUBLICATIONS FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE BEERNET PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN BEERNET'S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

8. General.
This Agreement contains the final and entire agreement between us regarding your use of BeerNet and/or any of its publications and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of BeerNet. We may discontinue or change BeerNet, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Texas, United States of America applicable to contracts made entirely within Texas and wholly performed in Texas, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Bexar County, Texas. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, or any other foreign entity. Comments made to BeerNet by executives or employees of publicly traded firms may be forward looking statements. Check the company's website or SEC filings for safe harbor language. Harry Schuhmacher, through his personal portfolio, owns stock in many of the beverage companies he covers. He does not ever short stock, and does not trade actively upon news. By using the BeerNet Online website and/or by reading or using any of BeerNet's publications or writings, whether you are a subscriber or not, you implicitly agree to the terms of this Agreement. Thank you.

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