Terms and Conditions



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”).





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


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.


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


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


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


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


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


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


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.


(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.


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.


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.


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.


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.


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



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


Thank you for visiting our site.