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 About PourNow

Terms Of Service

Last Modified: 11/11/2025

Introduction

Welcome to Pour.Now, operated by Pour.Now Inc. (“Pour.Now”, “we” or “us”). By using the Services (as defined below), you agree to the following terms and conditions, and any Additional Terms (as defined below), policies, guidelines or amendments to these terms and conditions that may be presented to you from time to time, including without limitation our privacy policy (collectively, the “Terms”). If you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts these Terms. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms at any time, and you will be able to find the most current version at https://pour.now/terms-of-service. In the event of any conflict between such other documents and this document, the provisions of this document shall govern.

Pour.Now is a consumer facing, third-party service provider to the alcohol beverage industry. Pour.Now’s principal enterprise involves a web-based platform (the “Platform”) through which Pour.Now connects online consumers with licensed retailers and provides digital brand marketing pages for suppliers.

Pour.Now contracts with industry suppliers and brand owners (the “Customers”) seeking to advertise and promote their brands to online consumers. Alcohol beverage suppliers pay a monthly marketing fee (per brand, per month, per market) to build and place advertising campaigns on supplier-branded marketing pages that are hosted on the Platform.

Pour.Now allows consumers to connect with licensed retailers in one of two ways. First, retailers can integrate into the Platform to supply information to consumers regarding their available brands, prices, and direct-to-consumer and curbside delivery options. Where a retailer is integrated with the Platform and so desires, consumers are able to place products directly into a shopping cart linked to the licensed retailer, such that all payments and sale fulfillment are managed and controlled by the retailer. Second, if a retailer is not interested in integrating, the Platform will redirect the consumer to the retailer’s product detail page where the consumer will continue the transaction.

The Pour Now Platform is a consumer facing site and is primarily deployed on the pour.now website and secondarily and optionally as an embedded window, frame, or page within the websites and digital marketing campaigns of its Customers (the “Embedded Content”). These Terms and our Privacy Policy apply to our website (www.pour.now), the Platform and Embedded Content that has a link to our Terms and Privacy Policy displayed within it (the “Services”). These Terms and Privacy Policy do not apply to the Customer property within which our Embedded Content is embedded, nor to any third party website to which the user may be re-directed from within the Embedded Content.

Acceptance of the Terms of Service

Please read these Terms carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://pour.now/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Services.

These Terms form a legal agreement between you and Pour.Now that governs your use of the Services. You may use the Services only if you accept and abide by these Terms as presented to you, and as may be updated or amended by Pour.Now. You cannot make any changes, additions or deletions, and Pour.Now may refuse you access to the Services for noncompliance with any part of these Terms. To use the Services, you must be at least 18 years old and not a person barred from receiving the Services under the laws of the United States or any of its territories or possessions. Pour.Now may grant or withhold approval to use the Services in its sole discretion. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Pour Now and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Changes to the Terms of Service

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the Arbitration section of these Terms will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Fees

Customers’ Services fee will be issued each month after a Customer creates an account. All payments will include the Services fee for the upcoming month of use. Pour.Now will continue invoicing Customers monthly until these Terms are terminated. Customers shall pay all fee amounts in US dollars.

Invoices not paid within thirty (30) calendar days after the invoice date (including without limitation if we cannot process the associated credit card), these Terms will be terminated. Customers are responsible for payment of all taxes, duties fees, or other levies or charges which may be imposed on or in respect of the Services, in addition to the Services fee, except for taxes based on our net income.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with our Content Standards, which are incorporated in these Terms by reference.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate Pour.Now, a Pour.Now employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Pour.Now or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

Your Personal Information and Security

(a) For information about how we collect, process, transfer and retain your Personal Information, please see our privacy policy at https://pour.now/privacy-policy.

(b) You agree to provide true, accurate, current and complete information (“Registration Information”) as prompted by the registration process, which may include without limitation your email address. You agree to update your Registration Information in order to keep it true, current, accurate and complete. During the registration process to use the Services, you will create a user name and a password. Once you have completed the registration process and if Pour.Now approves you for use of the Services, Pour.Now will set up an account for you. You are solely and entirely responsible for maintaining the confidentiality of your user name and password. You agree to take all reasonable steps to safeguard your user name and password to ensure that no unauthorized person will have access to them, and that no persons authorized to have access will make any unauthorized use. Pour.Now may terminate your rights to any or all of the Services if any Registration Information you provide: (i) is false, inaccurate, misleading or fraudulent, (ii) infringes upon anyone’s copyright, trademark, trade secret, patent or other proprietary rights or rights of publicity or privacy, (iii) violates any law, statute, ordinance or regulation, (iv) promotes any commercial product for sale, (v) contains any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, intercept or use any system, data or personal information in an unauthorized way, or (vi) creates liability for Pour.Now or causes Pour.Now to lose the services of its ISPs, cloud providers, or other suppliers. You agree to verify all information with Pour.Now as Pour.Now may request. Pour.Now may suspend your account at its sole discretion until such information is verified to Pour.Now’s satisfaction. You should not reveal your account information to anyone else or use anyone else’s account. You are entirely responsible for all activities that occur on or through your account, and you agree to immediately notify Pour.Now, in writing, of any unauthorized use of your account or any other breach of security. Pour.Now shall not be responsible for any losses arising out of the unauthorized use of your account. You agree that Pour.Now may maintain records of your use of the Services, which also personally identify you.

Your Rights and Responsibilities Regarding Your Content

Unless you specifically opt-out, you understand and agree that some or all of your User-Generated Information will be accessible to the general public. In addition, you understand that all such information will be accessible to search engines, which may cache your information in a way that will render it publicly available even after you remove it from our Services You agree that Pour.Now has no obligation to request that any search engine remove any such information and agree to hold Pour.Now harmless from any damages based in any way on disclosure of your User-Generated Information.

Pour.Now claims no ownership or control over any User-Generated Information that you submit, post or display on or through the Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User-Generated Information you submit, post or display on or through the Services and you are responsible for protecting those rights, as appropriate. By submitting any User-Generated Information to the Services, you grant Pour.Now a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up right and license to use the Services and User-Generated Information in the course of offering the Services to other users and Customers. You represent and warrant that (a) you own or control all rights in and to the User-Generated Information and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, and (b) all of your User-Generated Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User-Generated Information you submit or contribute, and you, not Pour Now, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible for, or liable to, any third party for the content or accuracy of any User-Generated Information posted by you or any other user of the Services.

Monitoring, Enforcement; Termination

We do not verify or endorse any User-Generated Information that Pour.Now receives from you or any third parties.

We have the right to:

  • Remove or refuse to post any User-Generated Information for any or no reason at our sole discretion.
  • Take any action with respect to any User-Generated Information that we deem necessary or appropriate in our sole discretion, including if we believe that such User-Generated Information violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Pour Now.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS POUR NOW AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all User Generated Information before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

System requirements

Pour.Now may automatically update the Services to update, enhance and further develop the Services, including without limitation providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.

Use of the Services, like any Internet and mobile services, requires compatible hardware, Internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because of this, your ability to use the Services may be affected by the performance of these factors. High speed Internet access, a standards-compliant browser and, where relevant, a smart phone are required. You acknowledge and agree that it is your sole responsibility to acquire and maintain such system requirements, which may be changed from time to time at our sole discretion.

Embedding the Services

Subject to the terms of this Agreement and applicable law, we grant Customers a limited, non-exclusive, non-assignable, non-sublicensable, except with our permission, license to embed our Services into your content via our Platform for the duration of these Terms. When embedding our Platform, you must comply with all applicable Terms, and Content Standards.

Specifically, you agree that you will not:

  • Modify or block overlays, advertisements, or links presented in the Services.
  • Obscure or cover any portion of the Services or its controls.
  • Use our Platform in a way that violates copyright, privacy, or intellectual property laws.
  • Circumvent any restrictions that our Platform or these Terms imposes.

You retain responsibility for ensuring that your embedding practices and any User-Generated Information you embed comply with all laws, and these Terms and our Content Standards. Pour.now, in its sole discretion, may revoke use of our Platform or use of User-Generated Information in conjunction with our Platform and you must immediately cease embedding of our Platform if so required.

Intellectual Property

(a) Acknowledgement of Ownership. You agree that Pour.Now, including without limitation content on the Services, any inventions or works-of-authorship created or contracted by Pour.Now in the course of development of the Services, Pour.Now Confidential Information, and any data (including without limitation any Registration Information, User-Generated Information and Non-Personal Information) collected by us in the course of providing the Services, and any modifications and derivative works, may contain proprietary information and materials owned by Pour.Now or its licensors (“Proprietary Information”), and is protected by applicable intellectual property and other laws. You agree that you will not use the Proprietary Information in any way whatsoever except for use of the Services in compliance with these Terms. You shall not reproduce any portion of the Services or Proprietary Information in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or Proprietary Information, in any manner. You must not(a) modify copies of any materials from this site, (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text and (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You agree not to exploit the Services or Proprietary Information in any way whatsoever that is not authorized by these Terms, including without limitation, by trespass. Pour.Now and its licensors retain all rights to the Proprietary Information not specifically granted in these Terms. Pour.Now and its licensors own the Proprietary Information and all copyright and other intellectual property rights contained within the Proprietary Information, and these Terms do not transfer to you any title to or any proprietary or intellectual property rights in or to the Services, the Proprietary Information, any updates or derivative works to them, or any copyrights, patent rights, or trademarks embodied or used in connection with them, except for the rights expressly granted in these Terms. United States laws and international treaty provisions protect the Services and the Proprietary Information. All suggestions, solutions, improvements, corrections, and other contributions provided by you regarding the Services or any of the other items in this paragraph shall become the sole property of Pour.Now, and you hereby assign any such rights to Pour Now. You agree that the Services may create, use, and disclose the Non-Personal Information for any purpose, including without limitation to present or sell analytics and demographics based on the data to third parties, while these Terms are in effect and after termination of these Terms for any reason.

(b) Removal of Information or Other Materials. Notwithstanding any other provision of these Terms, Pour.Now and its licensors reserve the right to change or suspend the Services, remove, or disable access to data, content, or other materials comprising any part of the Services at any time without notice. In no event shall Pour.Now be liable for the removal of or disabling access to the Services, content, User-Generated Information, or materials under these Terms. Pour.Now may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability. If you do not wish to use the Services as modified, your only recourse is to immediately discontinue use of the Services and close your account.

(c) Copyrights. Pour.Now and its licensors own all copyrights in and to the Services. THE USE OF ANY PART OF THE SERVICES, EXCEPT AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF POUR.NOW OR OTHER PARTIES AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING WITHOUT LIMITATION POSSIBLE MONETARY DAMAGES. You agree to indemnify, defend and hold harmless Pour.Now and its Customers from and against any and all claims, damages, demands, or liabilities, including without limitation attorneys’ fees and costs arising out of any claim that your actions of any kind with respect to the Services infringe upon or misappropriate, violate, or infringe any party’s personal or proprietary rights of any kind, including without limitation any party’s copyright, trademark, patent or other personal or proprietary right.

(d) Trademarks. Pour.Now, the Pour.Now logo, the Services, and other Pour.Now trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Pour.Now in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Services are the trademarks of their respective owners. You are granted no right or license with respect to any of our trademarks and any use of our trademarks and you must not use such marks without the prior written permission of Pour Now. You agree not to remove or obscure any proprietary notices, including without limitation any and all copyright, trademark, and patent designations contained in the Services.

(e) Patents and Trade Secrets. The Services may contain patented systems and materials and trade secrets owned by Pour.Now. You are granted no right or license with respect to any of such patents and trade secrets and any use of such patents and trade secrets.

[(f) Third-Party and Open Source Components. You acknowledge that the Services contain certain third-party and open source components, and that such components are licensed separately under a variety of third-party and open source licenses. You agree that no such third-party licenses shall increase the term of or otherwise affect or alter the license granted under these Terms or change any of Pour.Now’s rights in and to the Services with regard to you.]

Confidential Information

(a) Pour.Now Confidential Information. Pour.Now may provide certain information to you that is confidential or proprietary (“Pour.Now Confidential Information”). Pour.Now Confidential Information consists of (i) your access keys or logins for the Services, any non-public elements of the Services or any pre-release information about the Services and (ii) anything identified or marked as “Confidential” or “Proprietary” or that you should reasonably understand to be confidential or proprietary under the circumstances. You may use Pour.Now Confidential Information only for the purposes of these Terms. You may not disclose any Pour.Now Confidential Information to third parties, other than your employees, agents and advisors with a need to know and for whom you agree to remain responsible under these Terms.

(b) Your Confidential Information. Except for the information you give to us in connection with your sign-up process for the Services, you should not disclose any information to Pour.Now that you consider to be confidential. To avoid any potential confusion, you agree that any unsolicited information, including without limitation User-Generated Information, you provide to Pour.Now in relation to the Services will be non-confidential and, if it relates to the Services or other Pour.Now property, is subject to the provisions of Section 7(a) of these Terms regarding suggestions, solutions, improvements, corrections, and other contributions.

Termination

You may terminate your use of the Services at any time by deleting your account through your account settings page or by emailing help@pour.now. You agree that Pour.Now may, with or without notice to you and at any time and for any reason, including without limitation a period of account inactivity, terminate your access to the Services, terminate the Terms, or suspend or terminate your account. In the event of any such termination, your account will be disabled and you may not be granted access to the Services, your account or any Registration Information, User-Generated Information or Non-Personal Information contained in your account. Any provisions of these Terms which by their nature survive suspension or termination shall so survive such suspension or termination. You agree that Pour.Now shall not be liable to you nor to any third party should it exercise any such termination rights.

Upon any termination of these Terms: (a) all rights and licenses granted to you shall terminate immediately and you must stop using the Services and all other property of Pour.Now; (b) we shall not be liable to you solely based on any termination of these Terms; (c) you shall permanently delete all Pour.Now Confidential Information and any other data which you stored pursuant to your use of the Services; and (d) Pour.Now may continue to use any information as described in these Terms.

Advertisements; General Practices Regarding Use and Storage

Pour.Now may in the future be supported in part by advertising revenue and may display advertisements and promotions. Such advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by the Services are subject to change. As partial consideration for your use of the Services, you agree that Pour.Now may place such advertising and that Pour.Now shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on the Services or your subsequent dealings with such advertisers.

You agree that Pour.Now has no responsibility or liability for the deletion or failure to store any Registration Information, User-Generated Information or Non-Personal Information transmitted by the Services.

Reliance On Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services include User-Generated Information and content provided by third parties, including materials provided by Customers, Service Providers, and others, other than the content provided by Pour Now, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Pour Now. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties

Indemnification

You agree to defend, hold harmless and indemnify Pour.Now, and its subsidiaries, affiliates, officers, directors, agents, employees, advertisers, licensors, suppliers or partners from and against any third-party claims arising from or in any way related to your use of the Services or embedding of the Platform, violation or alleged violation of the Terms, or your violation of privacy or data protections laws or any other actions connected with use of the Services, including without limitation any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Pour.Now will provide you with written notice of such claim, suit or action. Pour.Now may at its own expense participate in the defense and settlement of any claim with Pour.Now’s own counsel, and you may not settle a claim involving and affecting Pour.Now without Pour.Now’s prior express written consent.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, POUR.NOW EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, COURSE OF PERFORMANCE, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES, OR THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION.

(B) POUR.NOW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVERTISERS, LICENSORS, SERVICE PROVIDERS, AND CUSTOMERS DO NOT GUARANTEE, REPRESENT OR WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (v) THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, WORMS, TROJAN HORSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, (vi) YOU WILL ACHIEVE ANY PARTICULAR BENEFITS FROM USING THE SERVICES, OR (vii) THE SERVICES ARE COMPATIBLE WITH ANY SOFTWARE OR HARDWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE AND MOBILE HARDWARE AND SOFTWARE. POUR.NOW DISCLAIMS ANY LIABILITY BASED ON ANY FAILURE TO OCCUR OF ANY OF NUMBERED STATEMENTS IN THE PRIOR SENTENCE.

(C) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POUR.NOW OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, OBLIGATIONS, GUARANTEES OR PRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. NO WARRANTIES, OBLIGATIONS, GUARANTEES OR REPRESENTATIONS (INCLUDING WITHOUT LIMITATION NO REPRESENTATIONS OR AFFIRMATIONS OF FACT), WHETHER MADE BY POUR.NOW’S REPRESENTATIVES OR OTHERWISE, SHALL BE DEEMED TO BE A WARRANTY BY POUR.NOW FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF POUR.NOW.

(D) POUR.NOW SHALL USE COMMERCIALLY REASONABLE EFFORTS TO PROTECT REGISTRATION INFORMATION, USER-GENERATED INFORMATION AND NON-PERSONAL INFORMATION THAT YOU SUBMIT IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ALL SUCH INFORMATION IS AT YOUR SOLE RISK, AND POUR.NOW HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING IN ANY WAY TO SUCH INFORMATION.

(E) POUR.NOW IS NOT LIABLE TO YOU, AND YOU ARE NOT ENTITLED TO RECEIVE DAMAGES FROM POUR.NOW, FOR ANY CAUSE RELATING TO THESE TERMS, TO YOUR USE OF THE SERVICES, TO ANY OTHER SERVICES PROVIDED FOR YOU BY POUR.NOW, OR TO ANY SERVICES PROVIDED TO YOU BY ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF THE SERVICES. IN ADDITION, IN NO EVENT SHALL YOU BE ENTITLED TO OBTAIN ANY INJUNCTIVE RELIEF OR ENJOIN, RESTRAIN, OR OTHERWISE INTERFERE WITH POUR.NOW WITH THE DISTRIBUTION, OPERATION, DEVELOPMENT OR PERFORMANCE OF THE SERVICES OR ANY RELATED PRODUCTS OR SERVICES.

(F) IN THE EVENT OF ANY CONFLICT BETWEEN THIS ARTICLE AND ANY OTHER ARTICLE OF THESE TERMS, THIS ARTICLE SHALL TAKE PRECEDENCE, EXCEPT THAT NOTHING IN THIS ARTICLE SHALL BE DEEMED TO INCREASE THE LIABILITY OF POUR.NOW UNDER THE LIMITATION OF LIABILITY SECTION OF THESE TERMS.

LIMITATION OF LIABILITY

NOTWITHSTANDING ANY PROVISION OF THESE TERMS TO THE CONTRARY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL POUR.NOW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVERTISERS, LICENSORS, SERVICE PROVIDERS, AND CUSTOMERS BE LIABLE TO YOU OR ANY PARTY FOR DAMAGES FOR ANY CAUSE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, RELATED TO OR ARISING OUT OF THESE TERMS, IN AN AGGREGATE AMOUNT EXCEEDING THE LESSER OF $10,000 OR ALL AMOUNTS YOU PAID TO PURCHASE THE SERVICES FROM POUR.NOW IN THE LAST TWELVE MONTH PERIOD PRIOR TO SUCH CLAIM.

YOU AGREE THAT THE LIMITATIONS IN THIS ARTICLE SHALL APPLY EVEN IF YOU OR POUR.NOW OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVERTISERS, LICENSORS, SERVICE PROVIDERS, AND CUSTOMERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT.

EXCLUSIONS AND LIMITATIONS

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS IN THE DISCLAIMER OF WARRANTIES SECTION AND THE LIMITATION OF LIABILITY SECTION OF THESE TERMS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN EACH SUCH JURISDICTION.

WAIVER AND INDEMNITY

YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST POUR.NOW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVERTISERS, LICENSORS, SERVICE PROVIDERS, AND CUSTOMERS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY POUR.NOW AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM POUR.NOW AND AS A RESULT OF ITS OR THEIR DECISION TO REMOVE OR REFUSE TO PROCESS ANY CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF POUR.NOW’S CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS.

No Responsibility for Third-Party Materials or Websites

The Services may include materials from third parties. In addition, the Services may provide links to certain third-party websites or apps. You acknowledge and agree that Pour.Now is not responsible for examining or evaluating the content or accuracy of any such third-party materials, websites or apps. Pour.Now does not control, and is not responsible for, the information provided by third parties, whether by its Customers or other users, which is made available through the Services. Pour.Now does not warrant or endorse and does not assume, and you agree that Pour.Now shall not have any liability or responsibility for any third-party materials, websites or apps, or for any other materials or services of third parties. Links to other websites and apps are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of anyone, and that Pour.Now is not in any way responsible for any such use by you.

Entire Agreement.

These Terms and our Privacy Policy and any quotes or order forms for the Services constitute the entire agreement between Pour.Now and you with respect to the subject matter in these Terms and our Privacy Policy, and merge and supersede any and all prior proposals, understandings, representations and other communications between you and us, whether oral or written. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Pour.Now products and services, affiliate services, third-party content or third-party software.

Choice of Law and Forum

All matters relating to the Services and these Terms and any dispute or claim arising from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal law of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Pour.Now’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Limitation on Time to File Claims

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability of Terms.

The failure or delay of Pour.Now to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision or any breach or default by you. The waiver by Pour.Now of your breach or default with respect to any provisions of these Terms shall not be construed as a waiver of any succeeding breach of the same or other provisions. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be stricken from these Terms and the other provisions of these Terms shall remain in full force and effect.

Force Majeure.

If the performance of the Services under these Terms is prevented, hindered, or otherwise made impractical because of flood, strike, war, acts of government, or any other casualty or cause beyond the control of Pour.Now, then Pour.Now shall be excused from its performance to the extent and as long as it is prevented, hindered, or delayed by any of these events.

No Assignment.

You may not assign these Terms, any of the rights granted by Pour.Now under these Terms or your obligations under these Terms, in whole or in part, without the prior written consent of Pour.Now, which may be withheld in Pour.Now’s sole discretion, and any attempt to do so shall be void. Pour.Now may assign these Terms and any of its rights or obligations under these Terms to any successor, contractor or other third party. These Terms are binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.

Type of Relationship Created.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms or your use or embedding of the Services.

No Third-Party Beneficiaries.

You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.

Notice; Section Headings.

You agree that Pour.Now may provide you with notices, including those regarding changes to the Terms, by email, or by postings on the Pour.Now website, at Pour.Now’s sole option. The section headings in the Terms are for convenience only and have no legal or contractual effect.

Injunctive Relief.

You acknowledge that your breach of these Terms may cause irreparable harm to Pour.Now, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Pour.Now may be legally entitled, Pour.Now shall have the right to seek immediate injunctive relief in the event of a breach of these Terms by you or any of your related companies, officers, employees, consultants, or other agents.

Your Comments and Concerns

The Services are operated by PourNow, Inc. 5 Abruzzini Ct. Napa, CA 94558.

All notices of copyright infringement claims should be sent to privacy@pour.now including 1) a clear description of the copyrighted work that has allegedly been infringed and its location, 2) the requestors name, address, telephone number, and email address, 3) the requestors signature and 4) a statement of the requestors good faith belief and the accuracy of the request.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: privacy@pour.now.

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