PLEASE READ TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR
ACCESSING ANY OF THE WEBSITE PRODUCT OR SERVICES.
These Terms of Use and Conditions (“Terms,” “Terms” & “Conditions”) govern your relationship with
www.zestycompass.com (“Website”) and (the “Services” & the “Products”) operated by Zesty Compass, LLC
dba Zesty Compass Collection and Zesty Compass® (“us”, “we”, or “our” “Company”).
YOU MUST BE OF LEGAL DRINKING AGE TO USE THIS WEBSITE. IF YOU ARE NOT OF LEGAL
DRINKING AGE, DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR IF YOU LIVE IN A
COUNTRY WHERE CONSUMPTION OF ALCOHOLIC BEVERAGES IS NOT PERMITTED, DO NOT
USE THIS WEBSITE.
Your access to and use of the website is based on your acceptance of and compliance with these Terms. These
Terms apply to all visitors, users and others who access or use the website. By accessing or using the Services
or Products, you agree to these Terms (including our Privacy Policy) and accept all legal consequences. If you
do not agree to these terms and conditions, in whole or in part, please do not use the Service.
Your use of this website is expressly conditioned on your compliance with and acceptance of the following
terms and conditions. By using this website, you signify your assent to these terms and conditions and our
related privacy policy. If you do not agree with any part of the following terms and conditions or privacy
policy, do not use this website.
Zesty Compass Collection is an ecommerce of wines owned, operated, and sold by Zesty Compass, LLC
Zesty Compass Blog is company of Zesty Compass, LLC
License to use website
Unless otherwise stated Company and/or its licensors own the intellectual property rights, physical property
rights and material on the website. Subject to the license below, all these intellectual, physical, and material
properties rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal
use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You may not:
• republish material from this website (including republication on another website).
• sell, rent or sub-license material from the website.
• show any material from the website in public.
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for
redistribution.
Age and Responsibility
You represent that you are of sufficient legal age to use this website and to create binding legal obligations for
any liability you may incur because of the use of this website. You understand that you are financially
responsible for all uses of this website by you and for purchases you make on this website.
Privacy
You represent that you have read the Company Privacy Policy, the terms of which are incorporated herein, and
agree that the terms of such policy are reasonable. You consent to the use of any information submitted to
Company and its third-party providers and distributors in accordance with the terms of and for the purposes
set forth in the Company Privacy Policy.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of
the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful,
or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which
consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation
scraping, data mining, data extraction and data harvesting) on or in relation to this website without Company’s
express written consent. You must not use this website to transmit or send unsolicited commercial
communications. You must not use this website for any purposes related to marketing without Company’s
express written consent.
Restricted access
Access to certain areas of this website is restricted. Company reserves the right to restrict access to member
areas of this website, or indeed this entire website, at Company’s discretion.
If Company provides you with a user ID and password to enable you to access restricted areas of this website
or other content or services, you must ensure that the user ID and password are kept confidential.
Company may disable your user ID and password at Company’s sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images,
material) that you submit to this website, for whatever purpose and in accordance with Company Privacy
Policy.
You grant to Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt,
publish, translate, and distribute your user content in any existing or future media. You also grant to Company
the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not
be capable of giving rise to legal action whether against you or Company or a third party (in each case under
any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or
actual legal proceedings or other similar complaint.
Company reserves the right to edit or remove any material submitted to this website or stored on Company
servers or hosted or published upon this website.
Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the Website by third parties not within Company's control. Company is
under no obligation to scan content posted on the Website for the inclusion of illegal or impermissible content.
However, Company respects the copyright interests of others, and it is Company's policy not to permit
Materials known by Company to infringe another party's copyright to remain on the Website. Accordingly,
Company complies with the following notice and take down policy, in full compliance with Section 512(c)(3)
of the DMCA (17 U.S.C. § 512 et seq.).
If you believe any Materials on the Website infringe a copyright, you should provide Company with written
notice that at a minimum contains:
i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at the Website are covered by a single notification, a representative list of such works at the
Website;
iii) Identification of the Material that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and information reasonably sufficient
to permit us to locate the Material;
iv) Information reasonably sufficient to permit Company to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address at which the complaining party
may be contacted;
v) A statement that the complaining party has a good faith belief that use of the Material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
All DMCA notices should be sent to as follows: info@zestycompass.com. Upon receipt of a notice of
infringement that complies or substantially complies with the DMCA, Company will act promptly to remove
or disable access to any Material claimed to be infringing. Company will take reasonable steps to notify the
user that created or posted the relevant Material that it has removed or disabled access thereto. Any user whose
Material has been removed or disabled in accordance with this policy may provide Company with a counter
notification under the DMCA. Such counter notification must be provided in writing addressed to Company's
Copyright Agent at the address listed above and must contain:
i) The user's electronic or physical signature;
ii) Identification of the Material that has been removed or to which access has been disabled and the
location at which such Material appeared before it was removed or disabled, including the complete
URL;
iii) A statement under penalty of perjury that the user has a good faith belief that the Material was removed
or disabled as a result of mistake or misidentification of the Material to be removed or disabled; and
iv) The user's name, address and telephone number, and a statement that the user consents to the
jurisdiction of the Federal District Court for any judicial district in which Company may be found and
that the user will accept service of process from the person who provided the initial notification of
infringement.
The DMCA allows Company to restore removed content if the party filing the original DMCA notice does not
file a court action against the user within 10 business days of receiving the copy of the counter notification.
Please be aware that if you knowingly materially misrepresent that Material or activity on the Website was
removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and
attorneys' fees) under Section 512(f) of the DMCA.
It is Company's policy to terminate relationships regarding content with third parties who repeatedly infringe
the copyrights of others. In no event shall Company be liable for any claim of copyright infringement which
may arise from the posting of any Material on any third-party website or that may arise from any other
unauthorized use by a third party of such Material or other Company user generated content.
No warranties
This website is provided “as is” and “as available” basis without any representations or warranties, express or
implied. Company makes no representations or warranties in relation to this website or the information and
materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Company does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Limitations of liability
Company will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation
to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss.
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or
business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Your use of the website is governed by the Company Privacy Policy. We cannot guarantee that a product will
ship right away, as inventory can change significantly from day to day. A product may be in stock when you
place your order and sold out by the time your order is processed. If an item is in your shopping cart when you
place your order but is sold out by the time your order is processed, we will notify you by e-mail that your
order will not be filled, and you will not be charged.
You must be 21 years of age or older, to order or receive alcoholic beverages from Company and/or distributors
on behalf of Company. By placing your order online, you represent to us that you are at least 21 years of age
and that the person receiving the wine is at least 21 years of age. The individual receiving delivery will be
required to show identification proving that he or she is at least 21 years old. Receipt of shipments containing
alcoholic beverages requires the signature of a sober adult (a person 21 years of age or older who is not
intoxicated). Products purchased from Company are not for resale and are for personal consumption only.
These limitations of liability apply even if Company has been expressly advised of the potential loss.
Liability Disclaimer
Company shall not be liable or responsible for any health issue, loss or damage allegedly arising from any
information, use of or suggestions expressed on website or any applications associated with Company. It is
your responsibility to follow all government warnings noted within this agreement.
Prices and Availability
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE
SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service
on the website does not imply that the product or service is presently available. If a product or service is listed
at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any
other reason, we shall have the right to refuse or cancel any order placed for such product or service at the
incorrect price.
GOVERNMENT WARNINGS
(1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because
of the risk of birth defects.
(2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery and may
cause health problems.
Wine is a Perishable Commodity
Extremes of temperature—cold, heat, or humidity—may adversely affect the condition of your wine during shipment or home storage. Company is not responsible for and will not replace wine that is damaged by
extreme weather conditions during shipment or after delivery to you. When your wine order is picked up by
the common carrier for delivery, responsibility for the wine becomes your responsibility.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful
to exclude or limit; and nothing in this website disclaimer will exclude or limit Company’s liability in respect
of any:
death or personal injury caused by Company’s negligence.
fraud or fraudulent misrepresentation on the part of Company; or
matter which it would be illegal or unlawful for Company to exclude or limit, or to attempt or purport
to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer
are reasonable. If you do not think they are reasonable, you must not use this website.
Third/Other parties
You accept that, as a limited liability entity, Company has an interest in limiting the personal liability of its
officers and employees. You agree that you will not bring any claim personally against Company’s officers,
client, or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out
in this website disclaimer will protect Company’s officers, clients (past & present), employees, agents,
subsidiaries, successors, assigns and sub-contractors as well as Company.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will
not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You shall indemnify, defend and hold Company, and its shareholders, subsidiaries, affiliates, officers, directors,
members, managers, agents, other business partners and employees, harmless from and against any claim or
demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) Materials
you submit, post, transmit or make available through the Website; (b) your use of the Website; (c) your
connection to the Website; (d) your violation of these Terms and Conditions; or (e) your violation of any rights
of another.
Breaches of these terms and conditions
Without prejudice to Company’s other rights under these terms and conditions, if you breach these terms and
conditions in any way, Company may take such action as Company deems appropriate to deal with the breach,
including suspending your access to the website, prohibiting you from accessing the website, blocking
computers using your IP address from accessing the website, contacting your internet service provider to
request that they block your access to the website and/or bringing court proceedings against you.
Variation
Company may revise these terms and conditions from time-to-time. Revised terms and conditions will apply
to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Company may transfer, sub-contract or otherwise deal with Company’s rights and/or obligations under these
terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and
conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be
unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or
unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to
be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
The Website is created and controlled by Company in the State of Ohio. These terms and conditions will be
governed by and construed in accordance with the State of Ohio laws. You agree that any claim or dispute
relating Website, Services or Products provided through this Website or Terms shall be governed by the
substantive laws of the State of Ohio, without giving effect to any principles of conflicts of law. This Website
has been designed to comply with United States law. You are responsible for complying with all applicable
local laws if you access this Website from locations outside the United States.
Entire agreement
These Terms together with privacy policy, constitute the entire agreement between you and Company in
relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Enjoy Responsibly
Please enjoy our wines responsibly. We believe that wine should be consumed in moderation. Consumption
of alcohol in excess poses the risk of detrimental social, health and legal consequences.
We are committed to marketing responsibly. Our marketing, promotions, and communications do not feature
or target underage consumers and will not portray or encourage excessive consumption.
If you have any concerns about material, services or products which appear on our site, please contact
info@zestyompass.com.
Thank you for visiting our site.