Terms & Conditions
This Website is intended for use only by those individuals who are of legal age to purchase alcohol in their country and/or state of residence and in the country from which they are accessing the Somrus Websites (as defined below). If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or access, and you should leave the Somrus Websites immediately.
This Somrus User Agreement (the “User Agreement”) sets forth the terms and conditions which apply to your use of the Somrus Websites (defined below). By using the Somrus Websites, you agree to the terms of this User Agreement just as if you had signed the User Agreement. If you do not agree to the terms and conditions contained herein, you should terminate use of the Somrus Websites immediately.
SomPriya Fine Spirits, LLC, or any of its related, affiliated or subsidiary companies, (together, “Somrus”), reserves the right to modify or amend the User Agreement at any time without prior notice. By accessing the Somrus Websites you signify your agreement to this User Agreement as it currently exists, including modifications or amendments.
Restrictions on Use
Material from www.somrus.com and other websites owned, operated, licensed, or controlled by Somrus (together, the “Somrus Websites”), may not be used, copied, distributed, republished, uploaded, posted, or transmitted in any way, without prior written consent of Somrus.
EXCEPTIONS: Product sell sheets, brochures and marketing materials may be downloaded for their intended use, provided that you do not delete or change any copyright, trademark or other proprietary information or notices. Modification or use of the materials for any other purpose violates Somrus’ intellectual property rights.
As required by the Communications Decency Act of 1996, Somrus hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.
It is a condition of your use of the Somrus Websites that you do not:
- post any item encouraging, condoning or glamorizing under-age drinking, drunk-driving, or excessive consumption of alcoholic beverages;
- restrict or inhibit any other user from using and enjoying the Somrus Websites;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, nation, or international law;
- post or transmit comments containing harassing or offensive language;
- post or transmit any information, software, or other material which is an invasion of privacy or publicity rights or which is protected copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
- post or transmit any information, software or other material which contains a virus or other harmful component;
- post or transmit content that encourages or provides instructional activities about illegal activities;
- post, transmit, or in any way exploit any information, software, or other material for commercial purposes or which contains advertising;
- solicit other users to join, become members of, or contribute money to any online service or organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; and/or
- impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity.
This list is provided for example only and should not be considered a complete list of the unacceptable behaviors or uses of the Somrus Websites. By accessing the Somrus Websites, you agree to comply with all local rules regarding online conduct and acceptable content.
Products and Services
Third Party Products/Services: The Somrus Websites contain links to other websites, including online retailers who are licensed to sell and ship alcohol to persons 21 years and older. Somrus provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Somrus Websites. Links from the Somrus Websites to any other website do not mean that Somrus approves of, endorses, or recommends that website. Somrus disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website. Somrus specifically disclaims any responsibility if such sites: (i) infringe any third party’s intellectual property rights; (ii) are inaccurate, incomplete, or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory.
The products and services on the Somrus Websites may not be available for purchase and/or use in your particular state, country or locality. The reference to such products and services on the Somrus Websites does not imply or warrant that these products or services will be available at any time in your particular location. Somrus reserves the right to change its prices and billing methods for products sold, at any time, effective immediately upon posting on the Somrus Websites.
Information Errors: Somrus shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Somrus shall have the right to refuse, limit, 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, Somrus shall immediately issue a credit to your credit card.
Limitation of Liability
Somrus makes no guarantee of the availability of the Somrus Websites and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Somrus Websites at any time. In no event will Somrus be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Somrus websites or any content thereon for any reason including, without limitation, Somrus’ removal or deletion of any materials or records submitted or posted on the Somrus websites for any reason. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused; any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record. Notwithstanding the foregoing, your aggregate damages shall not in any event exceed the lesser of (a) the aggregate amount you paid to Somrus during the immediately-preceding 12 month period and (b) $1,000.00.
You agree to defend, indemnify and hold harmless Somrus, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or related to (i) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (ii) your use of the Somrus Websites, including any intentional or unintentional error, mistake, or misrepresentation made by you in connection with your use of the Somrus Websites, (iii) any non-compliance or violation by you with the terms and conditions of this User Agreement, or (iv) any claims brought by persons or entities arising from or related to your access and use of the Somrus Websites, including information obtained through any offered services, sell sheets or brochures.
Any use you make of THE SOMRUS WEBSITES, or any site or service linked to by THE SOMRUS WEBSITES, is done so at your own risk. All information contained herein is provided “as is” and “as available” without any express, implied or statutory warranty of any kind including warranties of merchantability, title, non-infringement of third party rights, or fitness for any particular purpose.
The information provided on the Somrus Websites is free of charge and for informational purposes only and does not create any relationship between you and Somrus or any of its officers, shareholders, owners, employees, affiliates, or representatives. Access to product information does not create a relationship of any kind.
Trademarks and Other Proprietary Information
All trademarks and trade names used on the Somrus Websites are owned by Somrus or our affiliated companies. The copying, redistribution, use or publication by you of any of our marks, except as expressly agreed to in writing by Somrus, is strictly prohibited.
Somrus or you may terminate this agreement at any time. You may terminate this agreement by destroying: (i) all materials obtained from all Somrus Websites, and (ii) all related documentation, copies and installations. Somrus may terminate this agreement immediately without notice if, in its sole discretion, you breach any term or condition of this agreement. Upon termination, you must destroy all materials in any way related to or taken from the Somrus Websites. Somrus shall also have the right to take any and all legal action it deems appropriate for a violation or threatened violation of this User Agreement. You agree that monetary damages may be an insufficient remedy and that Somrus may also seek injunctive or other relief for a violation or threatened violation of this User Agreement. Termination shall not relieve you of your obligations under this User Agreement.