TERMS AND CONDITIONS

Last updated: September 25, 2020

Acceptance of the Terms and Conditions

These Terms and Conditions (“Terms”) are entered into by and between You and Pour Over, Inc. d/b/a Angel’s Cup (“POUR OVER”, “we”, or “us”). The Terms govern your access to and use of our website (www.angelscup.com), including any content, functionality, and services offered on or through the website (the “Website”), mobile application (the “App”) and including the purchase of any Products we offer for sale through the Website or App (“Orders”).

Please read the Terms carefully before you start to use the Website or App. By using the Website or App, you accept and agree to be bound and abide by these Terms and our Privacy Policy [link], incorporated herein by reference. If you do not agree to these Terms you should not access or use the Website or App.

The Terms constitute the sole and entire agreement between you and POUR OVER regarding the Website or App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website or App.

Account

When you register and create an online account with us, you are required to provide your name, email address, shipping address and select a unique password (collectively, your “Account Information”), which you are advised not to transfer or share with any third parties. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with your Account. Without limiting any rights which we may otherwise have, We reserve the right to take any and all action, as is deemed necessary or reasonable, to ensure the security of the Website, the App and your Account, including without limitation terminating your Account, requiring you to change your password, or requesting additional information to authorize transactions on your Account.

You agree to be responsible for any act or omission of any users that access the Website or App using your Account Information that, if undertaken by you, would be deemed a violation of these Terms. In no event and under no circumstances will POUR OVER. be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of POUR OVER under this provision, (ii) any compromise of the confidentiality of your Account or Account Information, and (iii) any unauthorized access to your Account or use of your Account Information. You may not use anyone else's Account at any time without the permission of the account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one account, register for an account on behalf of an individual other than yourself without such individual’s authorization, or register for an account on behalf of any group or entity.

Orders

These Terms shall govern any Order you make through the Website or App. Currently, we ship our Products to subscribes in the United States and Canada.  When you place an Order, we will confirm your address by sending a message to the email address you have provided and/or calling you to verify your Order. Your placement of an Order through our Website or App is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). 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. For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by us until the Product(s) has been shipped.  Orders must be submitted using your Account. 

If some of Products in your Order are temporarily out of stock, we will ship the available Products only and notify you of any Products that cannot be fulfilled. If we decline to accept your Order, we will attempt to notify you at the email address you provided. We further reserve the right any time after receipt of your Order, without prior notice to you, to supply less than the quantity you ordered of any item. Your Order will be deemed accepted by POUR OVER upon our delivery of the Products that you have ordered. We may require additional verifications or information before accepting any Order. All Products shall be deemed accepted by you upon shipment, and title to and risk of loss of the Products passes to you when we provide the Product(s) to a common carrier. Any estimated shipping date provided to us or our agents is based on Product availability and payment processing time and does not include transit time.

Pricing and Products

We make efforts to display our Products including their sizes, shape and colors and other attributes, as accurately as possible. However, the displayed colors of the Products will depend upon your monitor and We cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be out-of-stock or discontinued, and prices are subject to change at any time and without notice. We cannot confirm the price of an item until you place an Order. Despite our best efforts, it is possible that a Product may be mispriced. We are not responsible for typographical errors regarding price or any other matter. All prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total purchase price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your Order.

If offered, be advised that gift certificates will expire or decline in value, or not, in accordance with the laws of the purchaser’s location at the time of purchase.

We do not accept returned Products but may offer a credit or refund in our sole discretion.  Please contact us at membersupport@angelscup.com with any questions about our Products. 

Payment

To pay for an Order, you will need to provide certain information, including your shipping address and billing information.  You may pay for your Order via credit card, debit card or any other manner then available on our online store. By submitting your payment information, you authorize us to charge the applicable payment method at our convenience but within no more than thirty (30) days of credit card authorization. We use a third-party service provider to process all payments.

You represent that you will not use any credit card, debit card or other form of payment unless you have all necessary authorization to do so. We assume that because Orders require a valid payment method, only persons age 18 or over are placing Orders, and providing us with the information requested during the Order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card, debit card or other means of payment to make purchases on the Website or App (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card, debit card or other form of payment.

Promotional Offers

We may run promotional offers from time to time on the Website or App and our online store. The terms of any such promotion will be posted on the Website or App. Unless otherwise indicated, we may establish and modify, in our sole discretion and without notice, the terms of such offer and end such offer at any point.

Contests, Sweepstakes and Surveys

By submitting an entry for a contest, sweepstakes or surveys, you, as an entrant, grant us and any of our partners or sponsors and their designees an irrevocable, royalty-free, nonexclusive, worldwide perpetual license to use the entry and your name, city and state of residence for credit purposes without further compensation, notification or permission, unless prohibited by applicable law. In addition, if you are a winner, you grants us, our partners and sponsors an irrevocable, royalty-free, nonexclusive, worldwide perpetual license to use and distribute your entry (as submitted or as edited), and his/her name, city and state of residence for credit purposes, in any and all media now or hereafter known, for purposes of promotion of the contest, sweepstakes or survey, except as otherwise stated herein, and without further compensation, notification or permission, unless prohibited by applicable law.  The rules for User Content described above for user-provided content also apply to all user submissions associated with a content, sweepstakes or survey we may conduct.

Correction of Errors

The information on the Website or App may contain typographical errors or inaccuracies. We reserve the right to update any information We see fit at any time without prior notice. Please note that such errors may relate to Product information, pricing and availability. In these instances, we shall have the right to terminate any Orders involving pricing errors or inaccuracies. We apologize for any inconveniences.

Intellectual Property Rights

The Website and the App and their entire contents, features, and functionality (including but not limited to all content, information, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by POUR OVER, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website or App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or App, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your device’s browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Website or App for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any materials from the Website or App.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or App.

You must not access or use for any commercial purposes any part of the Website or App or any services or materials available through the Website or App.

If you wish to make any use of material on the Website or App other than that set out in this section, please address your request to: membersupport@angelscup.com.

No right, title, or interest in or to the Website or App or any content on the Website or App is transferred to you, and all rights not expressly granted are reserved by POUR OVER. Any use of the Website or App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

The Angel’s Cup trade name and all related names, logos, product and service names, designs, and slogans (“Marks”) are trademarks or protected property of POUR OVER or its affiliates or licensors. You must not use such Marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website or App are the trademarks of their respective owners.

Further, certain of our third-party suppliers identified by content or links on the Website or App (“Displayed Suppliers”) may provide content for the Website or App including their Marks, and such marks are the trademarks or protected property of such Displayed Suppliers.  You must not use such Marks without the prior written permission of the Displayed Suppliers.

Digital Millennium Copyright Act

If you believe any materials accessible on the Website or App infringe your copyright, or a copyright belonging to a third party in violation of the Digital Millennium Copyright Act, you may request removal of those materials (or access thereto) from the Website or App by contacting our copyright agent (identified below) and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material and provide Us with its URL or any other pertinent information that will allow Us to locate the material.
• Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that the use of the materials at issue is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

Our agent for copyright issues is as follows:

POUR OVER, INC.

Attn: Copyright Agent

2100 North Sepulveda Boulevard, Suite 8

Manhattan Beach, CA 90266

membersupport@angelscup.com

This contact information is only for suspected copyright infringement. We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the access privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Restrictions on Use of Materials

If you download software from the Website or App, the software, including all files and images, contained in or generated by the software, and accompanying data (together referred to as "Software") are deemed to be licensed to you by Pour Over, for your personal, non-commercial home use only. Pour Over. does not transfer either the title or the intellectual property rights to the Software and POUR OVER retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by POUR OVER or its licensors and you may not copy or use them in any manner.

The Website and App are controlled and operated by POUR OVER from its offices within the State of California, United States of America. AWe make no representation that materials in Website or App are appropriate or available for use in other locations. Those who choose to access the Website or App 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. Software on the Website or App is subject to US export controls. No Software may be downloaded or otherwise exported or reexported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the US has embargoed goods or to anyone on the US Treasury Department's list of Specially Designated National or the US Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Prohibited Uses

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

• 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 United States or other countries).
• To impersonate or attempt to impersonate POUR OVER, an 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 Website or App, or which, as determined by Us, may harm the us or users of the Website or App or expose them to liability.
• Not post content or use the Website or App in a manner that would violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person.
• Note post content or use the Website or App in a way that will result in a breach of contract between you and a third party.
• Not use, nor permit any third party to to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
  • Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages “flaming” others or criminal or civil liability under any local, state, federal or foreign law;

Additionally, you agree not to:

• Use the Website or App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or App, including their ability to engage in real time activities through the Website or App.
• Use any robot, spider, or other automatic device, process, or means to access the Website or App for any purpose, including monitoring or copying any of the material on the Website or App.
• Use any manual process to monitor or copy any of the material on the Website or App or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website or App.
• 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 Website or App, the server on which the Website or App is stored, or any server, computer, or database connected to the Website or App.
• Attack the Website or App via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website or App.

Reliance on Information Posted

The information presented on or through the Website or App 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 Website or App, or by anyone who may be informed of any of its contents.

The Website or App may include content provided by third parties, including materials provided by Displayed Suppliers, other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by POUR OVER, 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 OVER. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

Personal Information and Your Privacy

All personal information we collect on the Website or App is subject to our Privacy Policy [link].

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with California law without reference to its conflict of laws principles, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the federal or state courts of Los Angeles County, California.

Disclaimers and Limitation of Liability

We may change, move or delete portions of, or may add to, the Website, the App and Products from time to time.

THE WEBSITE AND APP IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. POUR OVER. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN WEBSITE OR APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

The fact that material available on the Website or App does not mean that the information contained therein has not been modified or superseded by events or by a subsequent document or filing. POUR OVER has no duty or policy to update any information or statements contained on this site and, therefore, such information or statements should not be relied upon as being current as of the date you access the Website or App. Moreover, any portion of the materials available on this site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this site, the Software and to the products described on this site.

TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, POUR OVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. POUR OVVER. DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THE WEBSITE OR APP. POUR OVER DOES NOT WARRANT THAT THE FUNCTIONS OF THE WEBSITE OR APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THE WEBSITE OR APP OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT POUR OVER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL POUR OVER BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE WEBSITE OR APP OR ANY DOWNLOADED MATERIALS, EVEN IF POUR OVER OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL POUR OVER'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO POUR OVER, IF ANY, FOR PRODUCTS PURCHASED ON THE WEBSITE OR APP.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

By use of this Website, the App or Products, you agree to indemnify and hold POUR OVER. (and its owners, officers, directors, employees, agents, affiliates, parents, subsidiaries, and joint ventures) harmless from any third party claim or demand, as well as losses, expenses, damages, fees (including attorneys’ fees and court costs) and other costs, resulting from your violation of these Terms or any activity related to your Account (including negligent or wrongful conduct), and your access to and use of the Website, the App and Products (unless otherwise prohibited by applicable law).

Further, we reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You further agree that the provisions in this section will survive any termination of your Account, the Terms or your access or use of the Website, the App and/or Products. 

Waiver and Severability

No waiver by POUR OVER of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of POUR OVER to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Termination of the Your Account

POUR OVER reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website, the App or Products, including your Account, at any time for any reason without prior notice or liability.  In the event of termination of the Website, the App or Account, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. POUR OVER shall not be liable to you or any third-party for any termination of your access.

Links to Other Websites

POUR OVER. makes no representation whatsoever regarding the content of any other websites which you may access from the Website or App. When you access a third-party website, please understand that it is independent from POUR OVER and that we have no control over the content on that website. A link to a third-party website does not mean that POUR OVER endorses or accepts any responsibility for the content or use of such website.

Submissions

Should any visitor to the Website or App provide information to us, including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information. In addition, we shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, POUR OVER shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by our Privacy Policy [link].

In consideration of our continuing efforts to enhance and improve the Website, the App our Products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to us without any compensation. In addition, you agree to execute any and all documents that we. may reasonably request in connection with confirming our ownership of and unlimited right to use such ideas, concepts, know-how and techniques.

You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to Website or App will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or username) through email sent to other users or messages posted on the Website or App by you.

Termination

This Agreement is effective unless and until terminated by either you or POUR OVER. You may terminate this Agreement at any time by no longer using the Website, the App or closing your Account, provided that all prior uses of the Website and App shall be governed by this Agreement. We may terminate this Agreement at any time and without notice, and accordingly deny you access to Website, the App or your Account our sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or POUR OVER, you must promptly destroy all materials downloaded or otherwise obtained from the Website or App, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Changes to these Terms and Conditions

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when posted as indicated above.

Your continued use of the Website or App following the posting of revised Terms means that you accept and agree to the changes.

Comments and Concerns

All other feedback, comments, and other communications relating to the Website, the App or Products should be directed to:

POUR OVER, INC.

2100 North Sepulveda Boulevard, Suite 8

Manhattan Beach, CA 90266

membersupport@angelscup.com