Terms of Service
The following terms and conditions of use (the "Terms and Conditions") govern your
use of the website www.pourmore.com, which shall include, without limitation, the
home page, splash page, and all other pages under the same domain name, and all
content thereon (the "Site") as provided by Pourmore Inc.. ("Pourmore" or "we").
We may change the Terms and Conditions from time to time and at any time without
notice to you, by posting such changes on the Site. BY USING THIS SITE, YOU
ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO
YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may
not access or otherwise use the Site. By using the Site following any modifications to
the Terms and Conditions, you agree to be bound by any such modifications to the
Terms and Conditions.
We encourage you to drink responsibly. If you choose to enjoy adult beverages, you
should act like an adult. If you drink, be a smart and make the choice to not drive.
1. This Site is intended only for the use and enjoyment of persons who are 21 years
of age or older and legally reside in the United States. You must be 21 years of age or
older to access or otherwise use this Site. Persons under 21 years of age are
prohibited from using this Site in any way. If you consider any material on this Site to
be inappropriate or offensive, please do not visit this Site.
2. You agree to use this Site for personal purposes and not for commercial purposes.
You agree to have no more than one account and to not sell, trade or transfer that
account to any other person. You agree to comply with these Terms and Conditions
and all applicable law or regulations of the jurisdiction in which you reside and may
be subject. You agree that you will not interfere with or disrupt the Site or any of the
services provided by Pourmore and that you will not access Pourmore by any other
means other than through the interface provided.
3. In order to access certain products or services, you may be required to provide
information about yourself as part of the registration process or as part of your
continued use of the Site. You agree that any registration information you give to
Pourmore will always be accurate, correct and up to date.
4. You agree that you will not reproduce, copy, sell, barter, or trade any information
you access on Pourmore.
5. You agree that you are solely responsible for any breach of your obligations under
the Terms and Conditions and for the consequences of such breach, including any
loss or damage Pourmore may suffer. You also agree that Pourmore has no
responsibility to you or to any third party for your breach of the Terms and
Conditions and for the consequences of such breach.
Passwords, Privacy and Security
1. You agree that we are not liable for any damages or losses caused by someone
using your account without your permission. However, if we suffer any damage due
to any unauthorized use of your account, you may be liable. By using this Site, you
represent you are qualified and authorized to use this Site under the account
2. You acknowledge and agree that you are responsible for maintaining the accuracy,
confidentiality, and privacy of your account information. Accordingly, you agree to
be solely responsible and liable for any and all activities that occur under your
account. If you become aware of any unauthorized use of account information, you
agree to notify us immediately at [email protected]
3. You acknowledge that you have read, understood and will comply with the terms
Updates to an Order
In order for us to properly execute the update to an order - including but not limited
to address changes, change in product to be received or cancellations - we must
receive this information before the 5th of a given month in order for it to be
effective by the upcoming shipment. After the 5th of the month, we will do our
absolute best to accommodate a customer's request but require that you reach out
to us directly in order to complete it.
1. We rely upon a network of independent vendors, retailers, manufacturers and
other licensed parties (collectively, "Vendors") who sell the products and services
available on Pourmore. Each product or service listed on Pourmore is not an offer to
purchase such product or service but an invitation to make an offer. You
acknowledge and agree that Pourmore does not sell, offer to sell, invite to sell, or
solicit any offers. IN ALL INSTANCES, ALL SALES ARE ADVERTISED, SOLICITED,
OFFERED, ACCEPTED, MADE AND DELIVERED BY VENDORS WHO RECEIVE ALL
ORDERS. In all instances, any solicitation, invitation, offer, advertisement or
communication is void where prohibited by law. If you wish to purchase any product
or service made available by a Vendor, you may be asked to supply certain
information relevant to the purchase including, without limitation, your credit card
information, your billing address and your shipping information. You represent and
warrant that you have the legal right and authority to use any credit card, debit card,
gift card, gift certificate or coupon code utilized in connection with any transaction.
By submitting such information, you grant to Pourmore and to Vendors the right to
contact us before purchasing a product.
2. In connection with each transaction, you represent that you may purchase and
receive the products ordered in compliance with all applicable laws, including,
without limitation, the alcoholic beverage control laws of the jurisdiction in which
you reside, and that such products will be used only in a lawful manner. By placing an
order, you represent that you are 21 years of age or older and you authorize our
Vendors to act on your behalf to engage a common carrier to deliver your order
where you want it delivered. Sales by certain Vendors are made at the premises of
the Vendor and title passes to you at the premises of the Vendor. If you have any
questions regarding where a sale is being made, please contact us before purchasing
the product. Pourmore and our Vendors make no representation as to the right of
any person to import any product in to any state. Some state regulations require a
business address for shipment and in those states, you represent that the address
you have provided is a business address.
3. Pourmore displays suggested retail prices for goods and services advertised based
on pricing information available to us and provided to us by our Vendors. We make
no representation or promise as to the reliability or accuracy of such information.
4. Despite our best efforts, a small number of the items on our Site may be
mispriced. If an item's correct price is higher than the stated price, we will, at our
discretion, either contact you for instructions before shipping or cancel your order
and notify you of such cancellation.
5. Any packages that are refused or unable to be delivered by our common carriers
will be returned to the Vendor at your expense. We will refund to you any product
costs minus shipping costs and an $80 restocking fee. If the restocking fee is greater than
the cost of the product, no amount will be refunded.
6. All invitations to make an offer for a product featuring free shipping are invitations
to make an offer for a product that includes the cost of shipping in the price of such
7. The products and services sold on this Site are sold by the Vendors and subject to
their privacy and shipping policies. Due to state regulations, our Vendors are unable
to accept the return of any product purchased by a customer in error.
1. Pourmore has affiliated legal entities that may provide services to you on behalf of
Pourmore. You acknowledge and agree that such affiliates are entitled to provide
services to you.
2. Pourmore is constantly innovating in terms of the services it provides. You
acknowledge and agree that the form and nature of these Terms and Conditions may
change at any time without prior notice to you and acknowledge and agree to accept
the new terms so long as they are updated here.
1. You acknowledge and agree that all information (the "Information") that you have
access to may be protected by the intellectual property rights of Pourmore, our
Vendors or third parties. You should not and may not modify, lease, rent, claim or
distribute such Information without the express written consent of the owner of
2. As between you and the Pourmore, we are the owner and/or authorized user of
any trademark, and/or service mark appearing on the Site, and are the copyright
owner or licensee of the content and/or information on the Site, unless otherwise
indicated. Except as otherwise provided herein, use of the Site does not grant to you
a license to any content, features or materials you may access on the Site. Any
commercial use of the Site is strictly prohibited, except as allowed herein or
otherwise approved by us in writing. If you make other use of the Site, except as
otherwise provided herein, you may violate copyright and other laws of the United
States, other countries, as well as applicable state laws and may be subject to liability
for such unauthorized use.
3. We do not grant any license or other authorization to any member of our
trademarks, service marks, other copyrightable material or any other intellectual
property, by including them on the Site except as provided herein. We give you a
personal, royalty-free, non-assignable and non-exclusive license to use the Site as
provided to you by Pourmore. This license is for the sole purpose of enabling you to
use and enjoy the Site as provided in the manner permitted by these Terms and
4. Unless specifically requested, Pourmore does not solicit nor does it wish to receive
any confidential, secret or proprietary information or other material from you
through the Site, any of its services, by e-mail, or in any other way. Any information
or material submitted or sent to Pourmore will be deemed not to be confidential or
secret. By submitting or sending information or other material to Pourmore you
represent and warrant that the information is original from you and that no other
party has any rights to the material. By submitting or sending information or other
material to Pourmore you grant Pourmore the royalty-free, unrestricted, worldwide,
perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such material (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or technology now known or later
developed. You also warrant that any "moral rights" in posted materials have been
DISCLAIMER OF WARRANTIES
1. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND
MATERIALS IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR
UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. POURMORE DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS,
FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE,
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
POURMORE MAKES NO WARRANTY THAT THE SITE WILL MEET USERS'
REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM POURMORE OR THROUGH THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED
WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
2. ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THIS SITE IS DONE
AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.
LIMITATION OF LIABILITY
1. IN NO EVENT SHALL POURMORE OR ANY OF ITS VENDORS, EMPLOYEES, AGENTS,
AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE
INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED
THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED
PROFITS OR LOST BUSINESS OR LOST SALES, THE PRODUCTS AND SERVICES ON THIS
SITE OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF POURMORE OR
SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
INCLUDES ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU INCLUDING,
BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:
• ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE
OF CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN
YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SITE;
• YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE;
• YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION; AND
• ANY CHANGE MADE BY POURMORE TO OUR SITE OR FOR ANY PERMANENT OR
TEMPORARY CESSATION IN THE PROVISION OF SERVICES. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO CERTAIN USERS.
You acknowledge and agree that we have no responsibility for the accuracy or
availability of information provided by sites to which you may link from the Site
("Linked Sites"). Links to Linked Sites do not constitute an endorsement by or
association with Pourmore of such sites or the content, products, advertising or
other materials presented on such sites. Pourmore does not author, edit, or monitor
these Linked Sites. You acknowledge and agree that Pourmore is not responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such content, goods or services
available on such Linked Sites.
1. These Terms and Conditions constitute the whole legal agreement between you
and Pourmore and govern your use of the Site and completely replace all prior
agreements between you and Pourmore in connection with the Site.
2. You acknowledge and agree that Pourmore may update these Terms and
Conditions or notify you of changes to the Site by email, regular mail, or updates to
the Site. Your continued use of this Site indicates your acknowledgement and
acceptance of these Terms and Conditions.
3. You acknowledge and agree that each subsidiary and affiliate of Pourmore shall be
third party beneficiaries to the Terms and Conditions and that such other companies
shall be entitled to directly enforce and rely upon any provision of these Terms and
Conditions which confers a benefit upon them. No other party shall be a third party
beneficiary of the Terms.
4. The Terms and Conditions and the relationship between you and Pourmore shall
be governed by the laws of the State of California, without regard to its conflict of
law provisions. You and Pourmore agree that any cause of action, dispute or claim
that may arise between you and Pourmore shall be commenced and be heard in
binding arbitration only. This includes, but is not limited to:
• claims arising out of or related to any aspect of the relationship between you and
Pourmore, whether based in contract, tort, statute, fraud, misrepresentation or any
other legal theory;
• claims that arose before this or any prior agreement (including, but not limited to,
claims related to advertising); and
• claims that may arise after the termination of these Terms and Conditions. You
agree that you and Pourmore are each waiving the right to trial by jury or to
participate in a class action. You and Pourmore agree that each may bring claims
against the other only in your or its individual capacity, and not as a plaintiff or class
member in any purported class or representative proceeding. Further, you and
Pourmore agree that an arbitrator may not consolidate more than one person's
claims and may not otherwise preside over any form of a representative or class
proceeding. These Terms and Conditions evidence a transaction in interstate
commerce, and thus, the Federal Arbitration Act governs the interpretation and
enforcement of this provision. This arbitration provision shall survive termination of
these Terms and Conditions.
5. You and Pourmore each agree to submit to the personal and exclusive jurisdiction
of an impartial arbiter located within New York County in the State of New York.
Notwithstanding any other provision herein, you agree that Pourmore shall still be
allowed to apply for injunctive remedies (or the equivalent type of urgent legal relief)
in any jurisdiction.
6. The failure of Pourmore to exercise or enforce any right or provision of the Terms
and Conditions shall not constitute a waiver of such right or provision. If any
provision of the Terms and Conditions is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other provisions
of the Terms and Conditions remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Services or the Terms and Conditions must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
7. We control and operate this Site from our offices in New York. We do not
represent that materials on this Site are appropriate or available for use in other
locations. Persons who choose to access this Site from other locations do so on their
own initiative, and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
8. When you use this Site, you may purchase a service or product that is provided by
another person or company. Your use of these other services and products may be
subject to separate terms between you and the company concerned. If so, the Terms
and Conditions do not affect your legal relationship with these other companies or
9. You acknowledge and agree that Pourmore may terminate providing any services
or the legal agreement between you and Pourmore for any reason at any time. If at
any time, the relationship between Pourmore and you ends, the provisions in these
Terms and Conditions set forth in this "Miscellaneous" chapter shall continue to
survive (including the provisions related to arbitration and venue) and shall be
unaffected by the cessation.
Code of Conduct
We continually strive to offer our members a unique and satisfying experience by
curating fine craft spirits. Accordingly, we reserve the right to cancel or terminate
any member's account for any violation of our Terms and Conditions. Any fraudulent
behavior, creating multiple accounts, spamming, use of profanity or abusive
language or personal attacks, either on Pourmore or to Pourmore, our Vendors or
any third party, will not be tolerated.