At AMASS, we strive to offer a first-class experience for our members, and uphold the highest degree of professionalism. The following terms and conditions (“Terms”) constitute a binding agreement between you and AMASS, its affiliates, and its and their parent and subsidiary companies (collectively, “AMASS,” “we,” or “us”) with respect to your use of this website and any other AMASS owned websites, micro-sites, and social media pages and accounts (collectively, “AMASS Sites”), all AMASS-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the AMASS Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the AMASS Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain AMASS Services, specific areas of certain AMASS Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain AMASS Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the AMASS Sites or Applications will be controlling with respect to those particular areas. AMASS reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on AMASS Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on AMASS Sites, Applications or any other website in regards to AMASS, or while contacting any of our Member Services team, will not be tolerated.
You must be at least 21 years of age to use AMASS sites and purchase alcohol through AMASS Services. A valid government-issued ID may be required upon delivery.
Spirits sales are solicited, offered, accepted, made, and delivered by a licensed distributor who receives all orders. To address possible state alcoholic beverage law concerns, AMASS pays for new member referrals and discount shipping through an instant rebate that discounts a portion of the price of each item the existing member purchases. Void where prohibited.
Your use of the AMASS Sites, Applications and Services is subject to our Privacy Notice, which applies to the collection, use, disclosure and other processing of personal information by AMASS.
Registration. If you wish to utilize AMASS Services, you agree to complete the initial registration process according to the requirements stated on the applicable AMASS Services, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase on or through AMASS Services, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to AMASS that your use of a payment card in connection with any purchase you make on or through AMASS Services is authorized and legal. As part of the initial registration process, you must choose a user name and a password to use when accessing the Services. For your protection, you must keep your user name and password secret. You must immediately notify AMASS if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.
Payment. The total amount to be paid by you for your order will be the sum of the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize AMASS to charge such amount to your payment card at that time.
All alcohol listings are intended for individuals who are 21 years of age or older. AMASS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.
DISCLAIMER OF WARRANTIES
THE AMASS SITES, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE AMASS SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND AMASS HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER AMASS NOR ANY PERSON ASSOCIATED WITH AMASS MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE AMASS SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER AMASS NOR ANYONE ASSOCIATED WITH AMASS REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE AMASS SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LIMITATION OF LIABILITY
IN NO EVENT WILL AMASS, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, APPLICATIONS AND SERVICES, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE AMASS SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK.
You agree to defend, indemnify and hold harmless AMASS and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of AMASS Sites, Applications or Services.
The trademarks and service marks displayed on the AMASS Sites, Applications and Services are the registered and unregistered trademarks, service marks and trade dress of AMASS and its licensors. For a list of AMASS trademarks and service marks please contact Member Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any AMASS Sites, Applications and Services are trademarks, service marks or trade dress of AMASS in the U.S. and other countries. AMASS' trademarks, service marks and trade dress may not be used in connection with any product or service that is not AMASS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AMASS. All other trademarks not owned by AMASS that appear in any AMASS Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AMASS.
All content included on or made available through any AMASS Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of AMASS or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any AMASS Sites, Applications and Services is the exclusive property of AMASS and protected by U.S. and international copyright laws.
SUBMITTED MATERIALS AND IDEAS
While we appreciate your interest in AMASS and our business, AMASS does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of AMASS might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts, or other information or materials disclosed or offered to us by you through the Services or in response to solicitations on AMASS Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.
LINKS TO THIRD-PARTY WEBSITES
AMASS Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. AMASS has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the AMASS Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND AMASS MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
Agreement to Arbitrate
You and AMASS agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the AMASS Terms, your use of AMASS Sites, Applications or Services, or to any products sold or distributed by AMASS or through AMASS Sites, Applications or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or AMASS may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and AMASS subject to the arbitrator’s discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other AMASS members, but is bound by rulings in prior arbitrations involving the same AMASS member to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.
Prohibition of Class, Representative, and Consolidated Actions
You and AMASS agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and AMASS agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other AMASS members.
If for any reason a claim proceeds in court rather than in arbitration both you and AMASS each waive any right to a jury trial. You and AMASS also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
GOVERNING LAW AND JURISDICTION
Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any AMASS Sites, Applications or Services, or any products sold or distributed by AMASS or through AMASS Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Unless you and AMASS agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any AMASS Sites, Applications or Services, or any products sold or distributed by AMASS or through AMASS Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Los Angeles, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
WAIVER AND SEVERABILITY
No waiver of these Terms by AMASS shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of AMASS 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 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 these Terms will continue in full force and effect.
UNITED STATES ONLY
Unless otherwise specified, the AMASS Services are presented solely for the purpose of promoting products and services available in the United States. AMASS makes no representation that the AMASS Services are appropriate or available for use in other locations. If you access AMASS Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
These Terms and our Privacy Notice constitute the sole and entire agreement between you and AMASS with respect to the AMASS Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.
AMASS reserves the right to make changes to these Terms at any time. If AMASS makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at amass.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes.
If you choose to continue using the AMASS Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.
If you have questions or comments about these Terms or the AMASS Sites, Applications or Services, please write, phone or email us via the contact information below:
130 S Anderson Street
Los Angeles, CA 90033