Terms of Use and Service

Terms of Use and Service

November 16, 2018     

IntroductionWelcome to the Tasting Merchants website (this “Website” or this “site”), which is owned and operated by Highway 29 Creative LLC doing business as Tasting Merchants (“Tasting Merchants,” “we,” “us,” or “our”).  We offer this Website and our other Platforms or Services to you subject to the following Terms of Use and Service (“Terms of Use”), which we may update from time to time without notice to you. You should review these Terms of Use from time to time because their terms are binding on you, and your use of the Website and/or our other Platforms or Services, including, but not limited to, placing orders for wine, constitutes your acceptance of these Terms of Use and your agreement to abide by each of the terms set forth below and to be legally bound by them.

If you do not agree with any of these Terms of Use, do not access or otherwise use this Website or our Platforms or Services, or any materials or information contained thereon.

If you are under the age of 21 or outside of the United States, please exit immediately and discontinue all use of this Website and/or our other Platforms or other Services.

 1. Who We Are

Highway 29 Creative LLC doing business as Tasting Merchants is an online independent business owned and operated by a lover of terrific wine selling personally curated wines from America’s best small producers pursuant to a license issued by California’s Department of Alcoholic Beverage Control and subject to these Terms of Use and applicable laws, rules, regulations and ordinances (collectively applicable “Law”).   We are not, nor do we operate as or hold ourselves out to be, a winery, producer, physical retail establishment, wholesaler, importer or distributor of wine or other alcoholic beverages.  Our registered climate-controlled warehouse and distribution facility is located in Napa, California.

2.  Age Restriction for Sale of Alcoholic Beverages, etc.

Our Website our other Platforms or Services, and our marketing are not directed to, or intended for use by, persons under the age of 21.  Tasting Merchants does not sell alcoholic beverages to persons under the age of 21.  By using this Website and/or our other Services you are representing, certifying, swearing and affirming that you are at least 21 years of age and legally authorized to purchase, possess and consume alcoholic beverages and that the person receiving a shipment of alcoholic beverages from Tasting Merchants is over the age of 21. Individuals under the age of 21 should not use our Website and/or other Services.  Any order attempted to be placed by or shipped or delivered to an individual under the age of 21 is void.  We make appropriate efforts to help ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. If we become aware that you intentionally or unintentionally misrepresent your age to place an order or to provide alcoholic beverages to a person under the age of 21, we will take appropriate steps to protect our legal rights, including, but not limited to, seeking your prosecution to the full extent allowable by Law.

3. Visitors From Outside the United States

Our Website and our other Platforms and Services are not directed to, or intended for use by, parties or individuals located outside of the United States.  Parties or individuals located outside of the United States should not use our Website or our other Platforms or Services.  Any order attempted to be placed by or shipped or delivered to parties or individuals outside of the United States is void.

4. Title, Ownership and Transportation 

Title to, and ownership of, all wine passes from Tasting Merchants to the purchaser at our Napa, California warehouse and distribution facility and the purchaser takes all responsibility for shipping it from our California warehouse and distribution facility to its destination, whether in California or another state to which its transportation, shipment and delivery is legally permitted.  By arranging for transportation of the wine, Tasting Merchants is providing a service to, and acting on behalf of the purchaser.  By utilizing this service from Tasting Merchants, the purchaser is representing that he/she is acting in a fashion compliant with applicable federal, state and local Law regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working though properly licensed intermediaries where required, is legally entitled to take quantities ordered, and that he/she is 21 years of age or older.

5. Product or Item Pricing

To the extent authorized by Law, Tasting Merchants has the sole authority to determine the retail prices for any alcoholic beverages that it sells. The advertised retail price for any alcoholic beverage product(s) or item(s) made available for sale through the Website and/or our other Platforms or Services will reflect the final retail sales price prior to the imposition of applicable sales tax and delivery fees.  We reserve the right, at any time, in our sole discretion and without advance notice, to change our prices and billing methods for products or items sold, effective immediately upon posting on our Website and/or our other Platforms or Services or by e-mail delivery to you.

6. Pricing Errors

Tasting Merchants is not responsible for any typographical errors or incorrect prices appearing on our Website and/or our other Platforms or Services regarding any products, items, or services. Errors will be corrected if, when and where discovered. Tasting Merchants reserves the right in its sole discretion to: (i) refuse, reject or cancel orders placed for any product(s), item(s), or service(s) advertised at an incorrect price or involving incorrect information or typographical errors; and (ii) reject or cancel any such order, regardless of whether your order has been confirmed and/or your credit card has been charged. If your credit card was charged and your order is subsequently rejected or canceled, we will issue a credit back to your original credit card account in the amount of the charge. Your banking or credit card institution will control when the amount is credited to your account.

7. Quantity Limits

From time to time, Tasting Merchants may, in its sole discretion, place limits on the quantity of wine that may be purchased per customer or household. The imposition of quantity limits sometimes becomes necessary, for example, when the demand for particular products or items is greater than the available supply, and provides a mechanism by which we can attempt to more equitably distribute those products or items. Regardless of whether notice of a quantity limit was previously posted, Tasting Merchants reserves the right in its sole discretion to modify, reject, or cancel orders that exceed any applicable quantity limit that is imposed.

8. Sales Tax

All sales made by Tasting Merchants are subject to the applicable state sales tax as well as any applicable local sales tax, in effect at the time of the transaction. The applicable state and local sales tax will be calculated and added to orders at the time of checkout.  Please

note that in some jurisdictions shipping and handling fees for wine products or items are subject to sales tax.

9. Order Acceptance/Processing

The posting or advertisement of any product(s), item(s), or service(s) for sale on our Website and/or any of our other Platforms or Services is an opportunity for you to submit an order to purchase the product(s), item(s), or service(s) at the posted or advertised price(s). Your submission of an order for any product(s), item(s), or service(s) will be considered an offer to purchase the product(s), item(s), or service(s) at the posted or advertised price(s). Your order or offer to purchase the product(s), item(s), or service(s) at the advertised price(s) will not be considered accepted until the item(s), product(s), or service(s) are shipped to its/their indicated destination or are otherwise delivered to you. Tasting Merchants reserves the right to reject or cancel an order at any time for any reason in its sole discretion. In most instances where an order is rejected or cancelled, such rejection or cancellation will occur prior to your credit card being charged. However, in the event that we reject or cancel your order after your credit card already has been charged, we will issue a credit back to your credit card account in the amount of the applicable charge. Your banking or credit card institution will control when the amount is credited to your account.

For any order that is submitted, you will receive an order confirmation by e-mail indicating that your order has been received. (As explained above, this order confirmation does not constitute Tasting Merchants’ acceptance of your order or offer to purchase the product(s), item(s), or service(s) at the advertised price(s).)  You will also receive subsequent notifications providing updates as to the status of your order, including when your order (if accepted) has shipped and your credit card is charged.

 10. Delivery

Delivery Arrangements:  All persons purchasing or receiving alcoholic beverages must be at least 21 years of age. All products or items are shipped on your behalf from our California warehouse. Packages leave our warehouse on climate-controlled trucks and are driven to one of our shipping partner’s hubs in your region. The package is then handed to United Parcel Service (“UPS”) for delivery; to help ensure your wine is being stored properly, we truck it to your local hub to reduce the amount of time it is on a non climate-controlled truck.  We utilize UPS on your behalf unless the purchaser requests otherwise in the shipping instructions at checkout for shipping by another approved carrier, subject to acceptance by Tasting Merchants, and in which case additional costs and fees may apply which must be paid by the Purchaser prior to shipment.

Based on Laws applicable for delivering alcoholic beverages, an adult (age 21 years or older) signature must be provided in person at the time of delivery to a customer’s supplied residence or business address. Verification of age is required in person at the time of delivery. Failure to produce age verification forfeits the right to receive the shipment until identification is produced. UPS will make three attempts to deliver your order. After the third attempt, your order will be returned to our warehouse and distribution center by UPS. Other carriers have similar procedures. In the event that, after your order has been placed, you determine that it is not possible to have an individual over the age of 21 present to sign for your package at the time of delivery, you may contact us by phone at 1-888-975-0595 or via email at wine@tastingmerchants.comto request to have your package redirected to the extent possible.  Other costs or fees may apply for redirecting delivery of your package.

Delivery Dates: Wine is shipped from our climate-controlled Napa warehouse and distribution center once a month, so please note that while our goal is to process and ship all accepted orders as promptly as possible, accepted orders might not ship for at least 30 days from when you submit an order. We will keep you posted on expected shipment and delivery dates please understand that exact shipment and delivery dates are not guaranteed.

There are other several factors that also may contribute to when you will receive your order once it has shipped, including distance to delivery destination, holidays, and/or periods of extreme weather conditions. We reserve the right to delay shipments of orders based on weather conditions to help ensure safe storage and transportation of your wine and help prevent it from sitting in an uncontrolled temperature environment for an extended period of time.

UPS Order Tracking: Once you have received the UPS tracking number that is provided to you with your shipping confirmation email, you may track your order through the UPS tracking site, https://www.ups.com/tracking/tracking.html.

 Shipping Costs:Shipping costs via UPS are calculated at the end of the ordering process on our Website and/or our other Platforms or Services with costs determined based on weight/quantity and the delivery location.

11. Returns or Replacements

All sales are final and we do not accept returns or exchanges or make replacements except in the following limited circumstances:

Wine Damaged in Shipment.If you receive your wine and it has been damaged during shipment, please email us at wine@tastingmerchants.com or call us at call us at 1-888-975-0595 within 3 days of receiving the shipment.  Please include in your email a description of the damages and attach pictures if possible, including of the wine and packing materials.  This information is needed to help us file a claim on your behalf with the shipping carrier and also is helpful to us in ensuring that our products are packaged and shipped properly.  We will send you an email confirmation of our receipt of your notification and then follow-up with you as to the status of your request.  We reserve the right to either refund the purchase price or replace the damaged items in our discretion.  We will notify you of the approval or rejection of your request.  If you are approved for a refund for damaged items, it will be issued as a credit back to your credit card account in the amount of the charge. Your banking or credit card institution will control when the amount is credited to your account.  If your damaged wine is approved for replacement we will keep you posted on expected shipping and delivery times but please understand that exact shipment and delivery dates are not guaranteed.

Incorrect Items in Your Shipment.  If the contents of your delivery does not match your order, please email us at wine@tastingmerchants.com or call us at 1-888-975-0595 within 3 days of receiving the shipment and before opening or using the bottle(s) so we can review and address the situation in our discretion.

 Defective Bottles in Your Shipment. In the event that you receive bottles in your order that are defective and/or where the wine is spoiled, deteriorated, contaminated, or otherwise unfit for human consumption, please promptly email us at wine@tastingmerchants.com or call us at 1-888-975-0595 so we can review and address the situation in our discretion

12. Resale of Products Purchased Prohibited

We are committed to protecting your personal information. For more information on how your personal data will be collected, used and protected, please review our Privacy Policy.

13. Trademark, Service Mark and Copyright Information 

Tasting Merchants#WinesWorthyOfDrinkingWine is Best When Shared, and Highway 29 Creative and other Highway 29 Creative LLC logos and product and service names and/or marks are trademarks and/or service marks of Highway 29 Creative LLC (the “Marks”). Without our prior permission, you agree not to display or use in any manner the Marks. Other logos, product and service names or marks are the property of their respective owners including as may be indicated on our Website or our other Platforms or Services.

The content on our Website and/or other Platforms or Services is protected by copyright, trademark, service mark, database and other intellectual property rights of Highway 29 Creative LLC or their respective owners. To the extent permitted by Law, we hereby grant you a non-exclusive, non-transferable and revocable license to use our Website and/or our other Platforms or Services for personal use only and subject to these Terms of Use. You must not copy, transmit, modify, distribute, make available to the public or create any derivative works from any of the content that you find on our Website and/or our other Platforms or Services for commercial purposes without first obtaining our consent or of the respective owner to do so.

14. Proprietary Rights

 You acknowledge and agree that our Website and/or our other Platforms or Services and any necessary software provided through it or them and used in connection therewith (“Software”) may contain proprietary and confidential information that is protected by applicable intellectual property rights and/or other Laws. You further acknowledge and agree that content contained in sponsor advertisements, if any, or information presented to you through our Website and/or our other Platforms or services or advertisers, if any, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and/or Laws. Except as expressly authorized by us or our respective advertisers, if any, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Website and/or our other Platforms or Services or the Software, in whole or in part.  Software, if any, that is made available to download from our Website and/or other Platforms or Services, excluding software that may be made available by end-users through our Website and/or our other Platforms or Services, is the copyrighted work of Highway 29 Creative LLC and/or its suppliers and/or owners, as the case may be. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a License Agreement, to the extent permitted by applicable Law we grant you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, but not limited to, for the purpose of obtaining unauthorized access to our Website and/or our other Platforms or Services. You agree not to access our Website and/or our other Platforms or Services by any means other than through the interface that is provided by us for use in accessing our Website and/or our other Platforms or Services. Any rights not expressly granted herein are reserved.

15. Your Conduct

 You agree that you will not use our Website and/or our other Platforms or Services for any purpose that is unlawful or which could interfere with, harm or impair the operation and functionality of our Website and/or our other Platforms or Services or the Internet. You further agree that, when using our Website and/or our other Platforms or Services, you will not intentionally or unintentionally violate any applicable Laws or solicit others to perform or participate in any unlawful acts.

You also agree that you will refrain from using our Website and/or our other Platforms or Services to email, publish, share, and/or otherwise transmit:

-Copyrighted material of which you are not the copyright owner;

-Information that will breach applicable Laws including, but not limited to, data protection or privacy-related Laws;

-Material which is damaging, threatening, abusive, harassing, discriminatory or defamatory in nature or which another user of our Website and/or our other Platforms or Services may find objectionable;

-Viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; or

-Content that you do not have the right to submit, access or share under any applicable Law or which would put you in breach of a contractual or fiduciary obligation (for example, including, but not limited to, confidential information learned or acquired during the course of your employment with us or with a third party or information that would infringe confidentiality or intellectual property rights).

As a further condition of your use of our Website and/or our other Platforms or Services, you agree that you will not:

-Impersonate any person, entity or organization or misrepresent your affiliation with any person, entity or organization; or

-Advertise, sell, offer to sell or buy goods or services or engage in solicitation or promotional activity, except in those areas of our Website and/or our other Platforms or Services, if any, that have been specifically designated for such purposes and then only to the extent permitted by applicable Law.

This list is in not exhaustive. We reserve the right, in our sole discretion and without notice, to terminate your use of our Website and/or our other Platforms or Services platforms for engaging in any prohibited uses or similar behavior.

In addition to the above, you agree that you are bound by, and will comply with, all applicable Laws to which you are subject and which regulate your use of the Internet.

16. Intellectual Property

All content appearing on our Website and/or our other Platforms or Services, including but not limited to text, images, graphics, logos, illustrations, photographs, descriptions, data, files, scripts, designs, articles, sounds, videos, advertising copy, URLs, technology, and software, as well as the formatting or arrangement of the same, are owned by Highway 29 Creative LLC and/or third parties who have licensed or otherwise authorized the use of the same by Highway 29 Creative LLC d/b/a Tasting Merchants and are subject to copyright, trademark, patent, and/or other intellectual property protection under applicable Laws. You are authorized to use this content solely for purposes of your personal knowledge and for shopping (to the extent permitted by Law) on our Website and/or our other Platforms or Services.  You are strictly prohibited from using any content appearing on our Website and/or our other Platforms or Services for any other commercial purpose without obtaining the express written permission of Highway 29 Creative LLC d/b/a Tasting Merchants and any third party holding rights in the same.

17. Third-Party Links

Our Website and/or our other Platforms or Services may link or interact with third-party websites, content, or services that are not owned, controlled, or operated by Highway 29 Creative LLC d/b/a Tasting Merchants. We do not endorse, authorize or sponsor, nor are we or affiliated with, any specific third-party websites, content, or services, and we are not liable for any harm or damages related to your use of the same. Please review the terms and conditions applicable to any third-party websites, content, or services carefully prior to using the same. Questions or complaints regarding third-party websites, content, or services should be directed to the applicable third party.

Access to any other Internet sites linked to our Website and/or our other Platforms or Services is at the user’s own risk.  User should be aware that linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on our Website and/or our other Platforms or Services. Highway 29 Creative LLC d/b/a Tasting Merchants is not responsible for such linked sites’ provisions, and expressly disclaims any and all liability related to such provisions.

18. Links from Our Website 

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

OUR WEBSITE AND/OR OUR OTHER PLATFORMS OR SERVICES MAY PROVIDE A LINK TO OTHER SITES BY ALLOWING THE USER TO LEAVE THIS SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THIS SITE VIA “INVERSE” HYPERLINKS AND FRAMING TECHNOLOGY (A “LINKED SITE”). HIGHWAY 29 CREATIVE LLC D/B/A TASTING MERCHANTS HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT WE HAVE PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND WE URGE YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.

19. Third-Party or User-Generated Content 

 From time to time, we may allow third-party or user-generated messages, information, submissions, or content (collectively “Other Content”) to be posted on our Website and/or our other Platforms or Services, either directly or through social media accounts. By posting or submitting any Other Content to the our Website and/or our other Platforms or Services, either directly or through social media accounts, you acknowledge and represent that: (a) you are at least 21 years of age; (b) you own or have unencumbered, transferable rights and permissions to the Other Content that you post or submit; (c) you have permission from all persons appearing in the Other Content to use their likeness or other contributions to the Other Content; and (d) that the use of the Other Content will not violate any Law or the rights of any third party. You also agree that you are granting to Highway 29 Creative LLC d/b/a Tasting Merchants and our respective third-party service providers, affiliates, sublicensees, and successors and assigns, a perpetual, worldwide, unlimited, irrevocable, royalty-free, fully-paid license to use your Other Content for commercial, advertising, marketing and other lawful purposes of Highway 29 Creative LLC d/b/a Tasting Merchants, including, but not limited to, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat and preserve the information.  We specifically reserve the right to use the your Other Content in connection with promoting Highway 29 Creative LLC d/b/a Tasting Merchants.

The posting of any Other Content to our Website and/or our other Platforms or Services does not constitute our endorsement of such Other Content. Highway 29 Creative LLC d/b/a Tasting Merchants is not responsible or liable for any claim in connection with any Other Content or submissions, including, but not limited to: loss or injury to real, tangible, or intellectual property; violations of personal privacy or privacy or data protection rights; actual, consequential, or punitive damages; personal injury; or wrongful death.

20. Information You Post 

You agree to bear all risks and liability associated with the posting of any information you voluntarily provide to us through our Website and/or our other Platforms or Services. By making any such submission, you are granting us, our affiliates, sublicensees, and successors and assigns, a nonexclusive, worldwide, royalty free, perpetual, non-revocable license to use your submission for any purpose whatsoever, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat and preserve the information. We specifically reserve the right to use the information that you submit in connection with promoting Tasting Merchants.

We are under no obligation to review any Other Content submitted to and/or posted on our Website and/or other Platforms or Services either directly or through social media accounts, and we assume no responsibility or liability relating to any such Other Content.  Notwithstanding the above, we may from time to time monitor the Other Content on our Website and/or our other Platforms or Services and to the extent possible, if any, may decline to accept and/or remove any Other Content that contains any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable Law.

21. Viruses, Hacking and Other Offenses 

You must not attempt to gain unauthorized access to our Website and/or our other Platforms or Services, the server(s) on which our Website and/or our other Platforms or Services are stored, or any server, computer or database connected to our Website and/or our other Platforms or Services. You must not attack our Website and/or our other Platforms or Services via a denial-of-service attack or a distributed denial-of service attack. You must not take any action that imposes an unreasonably or disproportionately large load on our Website’s infrastructure and/or the infrastructure of our other Platforms or Services. You must not use any device, software or routine to interfere or attempt to interfere with the proper working of our Website and/or our other Platforms or Services or the Internet or any activity being conducted on our Website and/or our other Platforms or Services.  You must not access, tamper with or use nonpublic areas of our Website and/or our other Platforms or Services or our or our affiliates’ or service providers’ computer systems. You must not use or attempt to use any engine, software, tool, agent or other device or mechanism (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website and/or our other Platforms or Services other than the search engine and search agents available from the Website and/or our other Platforms or Services and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer, Google Chrome, Mozilla Firefox and Apple Safari) and then only for authorized and permissible purposes.  You must not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of our Website and/or our other Platforms or Services.  You must not use any automated system or software to extract data from our Website and/or our other Platforms or Services or our or our affiliates’ or service providers’ computer systems and/or databases or data repositories and understand that “data scraping” or its equivalent is prohibited, whether such actions or use is for commercial or noncommercial purposes.

By breaching this provision, you may commit a criminal offense under applicable Laws. We will report any such breach of which we become aware to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and our other Platforms or Services will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment or devices, computer programs, data or other proprietary material due to your use of our Website and/or our other Platforms or Services or to your downloading of any material posted on them, or on any website or service linked to them.

22. Notice of Copyright Infringement  

If you believe that your work has been copied and is accessible on our Website and/or our other Platforms or Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

– Identification of the copyrighted work claimed to have been infringed;

– Identification of the allegedly infringing material on the Website and/or our other Platforms or Services that is requested to be removed;

– Your name, address, and daytime telephone number, and an email address if available, so that we may contact you if necessary;

– A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or applicable Law;

– A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

– An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Our Copyright Agent for notice of claims of copyright infringement can be reached at copyright@tastingmerchants.com.

We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States Law provides significant penalties for submitting such a statement falsely.

23. Access to Our Website 

In order to access our Website and/or our other Platforms or Services, you must obtain access to the World Wide Web, either directly or through computers and/or other devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. We reserve the right to withdraw or amend our Website and/or our other Platforms or other Services without notice. We will not be liable if for any reason our Website and/or our other Platforms or Services is/are unavailable at any time or for any period.

You agree that you will provide true, accurate, and current information about yourself.  If you provide us with information that we reasonably believe to be untrue, inaccurate, or no longer current, we may remove such information from our Website and/or our other Platforms or Services, terminate your account, and deny you access to our Website and/or our other Platforms or Services in our sole discretion and without notice.

We reserve the right to alter or delete materials from this Website or our other Platforms or other Services at any time in our sole discretion without notice to you.

24. Prohibited Uses

You are strictly prohibited from using our Website and/or our other Platforms or Services, as well as any of the content appearing thereon, for reasons including but not limited to the following: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable Laws; (d) to infringe upon or violate Highway 29 LLC d/b/a/ Tasting Merchants’ intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on race, color, familial status, religious creed, ancestry, age, sex, sexual orientation, gender identity, affectional preference, national origin, veteran status, immigration status, handicap or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of website and/or our other Platforms or Services, other websites or platforms, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website, and/or our other Platforms or Services, other websites or platforms, or the internet. This list is in not exhaustive.

25. User Account, Password, and Security 

As a customer of Tasting Merchants using our Website and/or our other Platforms or Services, you will be provided with a username and asked to select a password, which together constitute your account log-in information for our Website and/or our other respective Platforms or Services. You are solely responsible for maintaining and protecting the confidentiality of your account log-in information at all times and for any and all activities that occur under your username and for any orders placed on your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.  If you believe that someone has accessed or used your account without authorization, please notify us immediately by emailing privacy@tastingmerchants.com.  The use of fraudulent or fictitious accounts is strictly prohibited. We reserve the right to cancel or terminate user accounts at any time and for any reason in our discretion and without notice.

26. Access to Password Protected / Secure Areas 
Access to and use of password protected and/or secure areas of our Website and/or our other Platforms or Services is restricted to authorized users only. Unauthorized individuals attempting to access, tamper with or use these areas of our Website and/or our other Platforms or Services may be subject to prosecution.

27. Linking to Our Website 

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, or otherwise violate applicable Law. You must not establish a link from any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw your permission to link to our Website at any time without notice and in our sole discretion.

28. Your Contact With Advertisers


Your dealings or correspondence with, or participation in promotions of, advertisers, if any, found on or through our Website and/or our other Platforms or Services (including, but not limited to, payment and delivery of related products or services, and any other terms, conditions, representations or warranties associated with such dealings or correspondence) are solely between you and such advertisers. We make no representations or warranties with respect to any advertising content of, or any products or services that may be obtained from, such advertisers. You agree that Highway 29 LLC d/b/a Tasting Merchants will not be responsible or liable with respect to any loss or damage of any kind incurred as a result of: (a) any such dealings or correspondence between you and such advertisers, (b) content, products or services of such advertisers, or (c) the presence of such advertisers on or in connection with our Website and/or our other Platforms or Services.

29. Electronic Communications

When you use our Website and/or our other Platforms or Services, you are communicating electronically with us.  As such, you consent to receiving electronic communications and notices, including but not limited to, order and shipping confirmations from us. We will communicate with you via email and/or by posting notices to our Website and/or our other Platforms or Services.  You hereby agree that such communications will satisfy any legal requirement that information pertaining to your use of our Website and/or our other Platforms or Services be communicated to you in writing. You also agree that it is your responsibility to open and read all communications or notices that are sent to you related to your use of our Website and/or our other Platforms or Services, including, but not limited to those related to your order(s). You further agree that you are always responsible for providing accurate contact information and managing your email accounts to ensure that electronic communications and notices can be received.


30.  Use of “Cookie” File Features

We reserve the right to store information on a user’s computer or device in the form of a “cookie” or similar file for purposes of modifying our Website and/or our other Platforms or Services to reflect users’ preferences. Our Privacy Policy provides additional information regarding our use of cookies and your ability to disable cookies.

31. No Warranties, etc.; Information, Products and Services Provided Through our Website

BY USING OUR WEBSITE AND/OR OUR OTHER PLATFORMS OR SERVICES, YOU ACCEPT THE INFORMATION PROVIDED ON OUR WEBSITE AND/OR OUR OTHER PLATFORMS OR SERVICES, AND/OR THE PRODUCTS, ITEMS AND/OR SERVICES OBTAINED OR PROVIDED THROUGH OUR WEBSITE OR OUR OTHER PLATFORMS OR SERVICES IS PROVIDED TO YOU “AS IS.”  WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, IMPROPER DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTING. THE MATERIAL DISPLAYED ON OUR WEBSITE AND/OR OUR OTHER PLATFORMS OR SERVICES IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS AND/OR WARRANTIES AS TO ITS ACCURACY OR FITNESS FOR USE. TO THE EXTENT PERMITTED BY LAW, WE AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE:

THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF PRODUCTS, ITEMS AND/OR SERVICES PUBLISHED ON OUR WEBSITE AND/OR OUR OTHER PLATFORMS OR SERVICES OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HIGHWAY 29 LLC D/B/A TASTING MERCHANTS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. HIGHWAY 29 LLC D/B/A TASTING MERCHANTS DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON OUR WEBSITE AND/OR OUR OTHER PLATFORMS OR SERVICES OR ANY LINKED SITE IS COMPLETE OR UP-TO-DATE. HIGHWAY 29 LLC D/B/A TASTING MERCHANTS IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON OUR WEBSITE OR OUR OTHER PLATFORMS OR SERVICES OR ANY LINKED SITE.  HIGHWAY 29 LLC D/B/A TASTING MERCHANTS MAY CHANGE THE CONTENT ON OUR WEBSITE AND/OR OUR OTHER PLATFORMS OR SERVICES AT ANY TIME IN OUR SOLE DISCRETION WITHOUT NOTICE

32. Violations of Terms of Use and Service; Termination 

We reserve the right in our sole discretion to seek all remedies at law and in equity, including, but not limited to, the right to block access from a particular internet address to our Website and/or to terminate your account for any reason including, without limitation, prolonged lack of use; violation of applicable Laws; engaging in any prohibited uses of our Website and/or our other Platforms or Services; or breach of these Terms of Use. You agree that any termination of your account or blocking of access may be effected without prior notice.

You further acknowledge that we will not be liable to you for any termination of your access to or use of our Website and/or our other Platforms or Services and/or your account and that Sections Introduction, 2, 3, 4, 6, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,36, and 37 of these Terms of Use shall survive any termination.

33. Indemnification 

You hereby irrevocably agree to defend, indemnify and hold us, our officers, directors, employees, members, partners and agents harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorney’s fees) arising from or connected with your use or misuse of our Website and/or our other Platforms or Services, your violation of these Terms of Use, your violation of applicable Law, your violation of any rights of another person, entity or organization, or any information or content you submit, post, or transmit through, to or on our Website and/or our other Platforms or Services.

34. Jurisdiction and Applicable Law 

These Terms of Use and your use of our Website and/or other Platforms or Services shall be governed by the laws of the State of Minnesota without regard to its conflicts of laws principles. Any legal action or proceeding related to this Website and/or our other Platforms or Services, and/or related to any orders for products, items or services placed with Highway 29 Creative LLC d/b/a Tasting Merchants or any purchases from or through Highway 29 Creative LLC d/b/a Tasting Merchants shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Hennepin County in the State of Minnesota to the extent permitted by law.

35. Miscellaneous 

If any provision of this Terms of Use is held to be unlawful, void or unenforceable in any way, then such provision shall be severable without affecting the enforceability of all remaining provisions.

Section or paragraph headings in this Terms of Use are provided for convenience of reference only and do not modify or affect the meaning or subject matter hereof.

36. No Oral Modifications

The provisions of this Terms of Use cannot be revised, waived, amended or modified in whole or in part orally.

37. Variations

We may unilaterally revise these Terms of Use at any time without notice to you by amending this page on our Website. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms of Use also may be superseded by provisions or notices published elsewhere on our Website and/or other Platforms or Services.  Your continued use of this Website and/or our other Platforms or Services indicates your acceptance of any changes to the Terms of Use and constitutes your acknowledgement and understanding that you will be legally bound by them.

38. Your Questions or Concerns

If you have any questions or concerns about the material, which appears on our Website and/or our other Platforms or Services, please contact us at wine@tastingmerchants.com or call us at 1-888-975-0595

Thank you for visiting our Website and/or our other Platforms or Services.