TERMS & CONDITIONS
Last Updated: 11/21/2019

The use of this site or any other site owned or maintained by Pop & Pour, LLC a Limited Liability Company organized and existing under the laws of the Territory of Guam (“Company”) is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site signifies your acceptance of the terms and conditions set forth below. Your order placed on this site further signifies your acceptance of the terms and conditions set forth below.

THE USE OF THIS WEBSITE IS INTENDED SOLELY FOR USERS WHO ARE 21 YEARS OF AGE OR OLDER, AND ANY REGISTRATION, USE OR ACCESS TO THE WEBSITE BY ANYONE UNDER 21 IS STRICTLY PROHIBITED AND IN VIOLATION OF THESE TERMS.

BY USING THIS WEBSITE, YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 21 YEARS OF AGE.

  1. Privacy & Security; Disclosure

    We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy at www.popnpourguam.com/privacy.

    At any time you may update your customer account information by following the instructions posted elsewhere on this site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.

    Company reserves the right to modify its privacy policy in its reasonable discretion from time-to-time.

  2. Payment Terms

    Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.

    We accept the following U.S. issued credit and debit cards and payments:
    1. Visa
    2. MasterCard
    3. JCB
    4. Paypal

    You represent and warrant that:
    1. the credit card information you supply to us is true, correct and complete;
    2. charges incurred by you will be honored by your credit card company;
    3. you will pay charges incurred by you at the posted prices, including all applicable taxes, if any; and
    4. you are over the age of twenty-one (21).

    All payments must be in U.S. dollars. You agree to pay interest on all past-due sums at the highest rate allowed by Guam law.

    When placing an order online, you will need:
    1. The address the card's statement is sent to (billing address).
    2. b.The card number and expiration date.
    3. The 3 or 4 digit code found only on (CVV2 code)
    4. The customer’s delivery address
    Credit card orders are placed online over our 128 bit secure socket layer= encrypted connection.

  3. Order Acceptance

    Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account.

    In conformity with Guam law, deliveries will not be made between 2:00 a.m. to 9:00 a.m.

    Once an order has been placed, it cannot be cancelled unless the delivery is unavoidably delayed. In this case, we will do our best to cancel the order if requested.

    We are a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our site. We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

    Additionally, we reserve the right to require additional information before processing any order. If an order appears non-standard in any way, we reserve the right to cancel the order, notify the card holder and the proper authorities, if necessary.

  4. Delivery Process

    The Company will only deliver to a home, hotel, or business address. The Company will not deliver to a P.O. Box or a public place or any sort including parks, beaches or dry campus buildings. The Company will only deliver the order to the customer or an authorized recipient must be 21 years or older. The persons authorized by the customer will be listed on the invoice issued by the Company, and the delivery driver will verify and confirm that the person accepting the order is the customer or an authorized recipient. The delivery driver will verify date of birth and the type of identification provided and will obtain the recipient's signature. The delivery driver will only accept a type of identification issued by a government agency. The company will make reasonable efforts to deliver merchandise within 48 hours of receiving the order from the customer. This is not a guaranty or warranty, and delivery may take longer than 48 hours.

    The Company may charge fees in connection with your transaction, including but not limited to, delivery fees and restocking fees.

  5. Purchases are Electronic

    You agree that all of your transactions with or through this Site may, at our option, be conducted electronically from start to finish. If Company decides to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you. Additionally, before you submit your purchase with Company using its Site, you will be required to click on a box with the label, “I Agree,” which will signify your acceptance of these Terms. This will be required before any transaction is processed electronically.

  6. Changes in Products and Pricing

    We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.

    All pricing for the products and services available on our site is subject to change. We reserve the right to impose quantity limits on any order. More, for all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

  7. Account

    In order to access some features of this Site, you may be required to register and Company may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Company with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Company of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and Company has no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

  8. Advertising Disclaimer and Trademarks

    In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.

    All trademarks and registered trademarks relating to products and services available through our site are the sole property of their respective owners.

  9. Third Party Interactions

    During use of the Company Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Company shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Company does not endorse any sites on the Internet that are linked through its Website. Company provides these links to you only as a matter of convenience, and in no event shall Company be responsible for any content, products, or other materials on or available from such sites. Company provides products to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

  10. Disclaimers of Warranty; Limitation of Liability

    Our responsibility for defects relating to the products and services available on our site is limited to the procedures described in our return policy set forth below.

    ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

  11. Entire Agreement and Other Documents

    These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

  12. Notice

    When you use this Site, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.

  13. Modification to Terms

    Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to its products and services at any time, effective upon posting of an updated version of this Agreement on the www.popnpourguam.com Website. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
  14. Governing Law and Severability

    This Agreement shall be governed by Guam law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Guam. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

  15. No Formation of Any Agency or Similar Relationship

    No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of this Website.

  16. No Third-Party Beneficiaries

    These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

  17. No Waiver

    The failure of Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.

  18. No Unlawful or Prohibited Purpose

    As a condition of your use of this Site, you warrant to Pop & Pour, LLC that you will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions.

  19. Restrictions on Right to Use

    You and any individual who uses your credentials to access any portion of the website, including, but not limited to, placing an order on the site, agrees to not:
    • download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms;
    • remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
    • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;
    • collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
    • reformat or frame any portion of any Web pages that are part of this Site;
    • create user accounts by automated means or under false or fraudulent pretenses;
    • create or transmit to other users unsolicited electronic communications, such as "spam," or otherwise interfere with other users' enjoyment of the Site;
    • submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
    • transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user;
    • use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
    • submit to this Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
    • copy or store any User Content offered on this Site other than for your personal, non-commercial use;
    • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
    • use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.

    Company has no obligation to monitor any user on the website, and we reserve the right to monitor any user’s conduct on the site at any time for any reason without notice.

  20. Indemnification

    To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Company and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to
    1. your access to and use or misuse of this Site;
    2. any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site;
    3. any Feedback that you provide;
    4. your violation of these Terms; and
    5. your violation of any rights of another.

    You agree to promptly notify Company of any third party Claims, cooperate with Company in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that Company shall have the right to control of the defense or settlement of any third party Claims.

  21. Definitions

    As used in this Agreement and in any Order Forms now or hereafter associated herewith:

    1. “Agreement” means these online terms of use, any Order Forms, whether written or submitted online via the www.popnpourguam.com Web Site, and any materials available on the Company Website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Company from time-to-time in its sole discretion;
    2. “Effective Date” means the earlier of either the date this Agreement is accepted by selecting the “I Accept” option presented on the screen after this Agreement is displayed, the Effective date on the subscription form or the date you begin purchasing products from this site;
    3. “Order Form(s)” means the form evidencing your purchase from this site and any subsequent order forms submitted online or in written form, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail);
    4. “Company” means collectively Pop & Pour, LLC, a Limited Liability Company formed and existing under the laws of the Territory of Guam doing business as “www.popnpourguam.com” and having an office at 1794 Army Dr. Ste. 101 Dededo, Guam 96929, together with its officers, directors, shareholders, employees, agents and affiliated companies.


  22. Questions or Additional Information:

    If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to [email protected].