Terms of Use

Welcome to TastingRoom.com. TastingRoom.com is owned and operated by TastingRoom, Inc. (referred to herein as “we”, “us” or “our”.)

Use of TastingRoom.com by you (“you,” “your”) is subject to the following terms (“Terms of Use”). If you do not agree with any of these Terms of Use, do not access or otherwise use the site or any information or material contained on or derived from the site. Your use of TastingRoom.com shall be deemed to be your acceptance of the terms set forth below. The Terms of Use may be updated by TastingRoom.com from time to time with or without notice to you. Your continued use of TastingRoom.com indicates acceptance of any modifications to the Terms of Use.

The Sale of Wine

TastingRoom.com does not sell alcohol to persons under the age of 21. TastingRoom.com makes every effort to ensure that wine is not delivered to anyone who is under the age of 21. By using this site you swear and affirm that you are 21 or older and, if you do not personally take delivery of the wine you ordered from TastingRoom.com, that the person receiving a shipment of wine from TastingRoom.com is 21 or older. In accordance with our Shipping & Delivery Terms, we require an adult who is 21 or older sign for every shipment from TastingRoom.com, and our shipping agent is also required to check for age verification upon delivery. If we are unable to complete a delivery due to your inability to provide age verification, your shipment may be returned to us, and your credit card may be charged for the cost of return shipping and handling. You also agree that any wine purchased from TastingRoom.com is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, TastingRoom.com will prosecute you fully to the extent allowable by law.

User Obligations

You agree not to do any of the following while using TastingRoom.com:

Product Orders

We may limit or cancel quantities purchased per person, per household or per order and we also reserve the right to refuse any order. In the event we make a change to an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was made.

The prices displayed on TastingRoom.com are quoted in U.S. currency and are valid only in the United States. Prices are subject to change at any time. Sales tax will be determined by the shipping address of the order and will automatically be added to the order. We are required by law to apply sales tax to orders to certain states. Currently, TastingRoom.com only ships to certain states: Alaska, California, Louisiana, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Virginia, Wyoming and the District of Columbia. While you can make a purchase on TastingRoom.com from anywhere (provided you are 21 or older), we can only ship to addresses within these states.

For more information regarding shipping and delivery of our products, please see our Shipping & Delivery Terms.

Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on TastingRoom.com by third parties (including without limitation information provided by our users and businesses affiliated with TastingRoom.com) are those of the respective author(s) or distributor(s) and not of TastingRoom.com. TastingRoom.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on TastingRoom.com by anyone other than authorized TastingRoom.com employees acting in their official capacities.

Parental Control Protections

As required by the Communications Decency Act of 1996, TastingRoom.com 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. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. TastingRoom.com does not sponsor or endorse any of these companies or their services.

Links

TastingRoom.com may contain links to other websites or resources that we do not own or control. You acknowledge and agree that TastingRoom.com is not responsible or liable for (1) the availability or accuracy of such websites or resources; (2) the content, advertising, or products on or available from such websites or resources; or (3) the policies or practices of such websites regarding privacy or anything else. The inclusion of any link on TastingRoom.com does not imply that TastingRoom.com endorses the linked site.

Protection of Content Provided by TastingRoom.com and Its Licensors

All text, graphics, logos, icons, images, audio clips and software on TastingRoom.com ("Site Content") are copyrighted materials owned by or licensed to TastingRoom.com. The Site Content may contain trademarks, service marks and trade names which are owned by TastingRoom.com and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by TastingRoom.com, its affiliates, or third parties. “TastingRoom.com” is a trademark of TastingRoom.com. Unless authorized in writing by an officer of TastingRoom.com, TastingRoom.com’s trademarks may not be used in connection with any product or service that is not TastingRoom.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TastingRoom.com. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of TastingRoom.com or the rights holder. You may not use the Site Content on any other website or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the TastingRoom.com site. Nothing contained in the TastingRoom.com site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of TastingRoom.com, its affiliates, or any third party, and, except as provided in these Terms of Use, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to TastingRoom.com, its affiliates, and/or any third party, as applicable.

In the course of using TastingRoom.com, you and other users may provide information which may be used by TastingRoom.com in connection with the website and the services we provide, and may be visible to and/or used by other users. You understand that by posting information or content on TastingRoom.com, you shall and hereby do grant TastingRoom.com and its users a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferrable right to fully exploit such content and information. You understand that all information publicly posted or privately transmitted through TastingRoom.com is the sole responsibility of the person from which such content originated and that TastingRoom.com will not be liable for any errors or omissions in any content. You understand that TastingRoom.com cannot guarantee the identity of any other users with whom you may interact in the course of using the website, and we cannot guarantee the authenticity of the data which users may provide about themselves. You acknowledge that all Site Content accessed by you using TastingRoom.com is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Copyrights and Designated Agent For Notification of Claims of Infringement

TastingRoom.com respects the intellectual property of others, and we ask our users to do the same. It is TastingRoom.com’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material and that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If you believe that your work has been copied in a way that constitutes copyright infringement, please consult our Copyright Dispute Policy.

Notices

TastingRoom.com will give you any necessary notices by posting them on TastingRoom.com. You authorize TastingRoom.com to send notices via electronic mail as well if TastingRoom.com decides, in its sole discretion, to do so. You agree to check TastingRoom.com for notices, and that you will be considered to have received a notice when it is made available to you by posting on TastingRoom.com.

Disclaimer of Warranties

You are responsible for maintaining any equipment needed to access and use TastingRoom.com. TastingRoom.com does not warrant that your use of TastingRoom.com, or the operation or function of the TastingRoom.com site, any component thereof, or any products, software or services offered in connection therewith, will be uninterrupted or error free; or that defects therewith will be corrected; or that this site or its servers are free of viruses or other harmful elements.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TASTINGROOM.COM AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, SUITABILITY, AVAILABILITY, OR TIMELINESS OF ANY INFORMATION OR CONTENT ON TASTINGROOM.COM OR ANY PRODUCT ACQUIRED THROUGH TASTINGROOM.COM. THE INFORMATION AND CONTENT ON TASTINGROOM.COM AND ANY PRODUCT ACQUIRED THROUGH TASTINGROOM.COM ARE 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. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

To the maximum extent permitted under applicable law, in no event shall TastingRoom.com and/or its affiliates or suppliers be liable with respect to the TastingRoom.com website, or the services or products we offer, or any other subject matter of these Terms of Use, under any contract, tort, negligence, strict liability, or other legal or equitable theory (even if TastingRoom.com or any of its affiliates or suppliers have been advised of the possibility of damages): (i) for any indirect, punitive, incidental, special, or consequential damages of any kind whatsoever; (ii) for loss of use of the TastingRoom.com website, loss of data or profits, or the cost of procurement of substitute goods or services or (iii) for any amount in the aggregate in excess of the greater of payments paid by you to TastingRoom.com or $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

If you are dissatisfied with any aspect of TastingRoom.com, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using TastingRoom.com. This sole and exclusive remedy is separate and independent of any other provision that limits TastingRoom.com’s liability or your remedies.

Privacy Policy

Your use of TastingRoom.com is governed by our Privacy Policy, the terms of which are hereby incorporated by reference.

Termination of Your Access to TastingRoom.com or Your User Account

TastingRoom.com may terminate your access to TastingRoom.com or your User Account (as that term is defined in our Privacy Policy) with or without cause at any time effective immediately.

Force Majeure

TastingRoom.com shall be excused from performance under these Terms of Use if TastingRoom.com is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under these Terms of Use by reason of: (1) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (2) any act or omission of a third party, or (3) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of TastingRoom.com.

Survival

The following provisions shall survive any termination of these Terms of Use: Protection of Content Provided by TastingRoom.com and Its Licensors, Disclaimer of Warranties, Limitation of Liability, Indemnity and General Provisions.

General Provisions

You will indemnify and hold TastingRoom.com, its parents, subsidiaries, affiliates, officers, and employees, harmless from any liability or loss (including reasonable attorneys' fees) arising out of your use of TastingRoom.com or your violation of these Terms of Use. You agree that TastingRoom.com and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to TastingRoom.com may not be legal by certain persons or in certain countries. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of TastingRoom.com to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TastingRoom.com in writing. The Terms of Use, along with the TastingRoom.com Privacy Policy, comprises the entire agreement between you and TastingRoom.com and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Use are personal to you and you may not transfer, assign, or delegate these Terms of Use to anyone without the express written permission of TastingRoom.com. Any attempt by you to assign, transfer, or delegate these Terms of Use without the express written permission of TastingRoom.com shall be null and void. These Terms of Use will inure to the benefit of TastingRoom.com’s successors, assigns, and licensors. The paragraph headings in these Terms of Use, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Use. You agree to submit to the jurisdiction of the courts located in Santa Clara County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of TastingRoom.com.

If you have any questions about these Terms of Use, please contact us.

 

The Terms of Use were published on August 18, 2010.