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Terms & Conditions

The Tasting Tool LLC Terms of Use

Last updated: October 4, 2016

These Terms of Use govern your access to and use of the services, website(s), including www.thetastingtool.com, and any related applications, services, and products offered by The Tasting Tool LLC (the “Service”). The Service also includes any other services or sites that link to these Terms of Use.

By using, browsing, registering for, or accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If at any time you do not agree to these Terms of Use, please immediately terminate your use of the Service.
 
The Tasting Tool LLC may amend or modify these Terms of Use at any time by posting the amended Terms of Use on The Tasting Tool LLC website. Please check these Terms of Use periodically for those changes. Your continued use of the Service after the posting of such changes constitutes your acceptance of the modified Terms of Use. For your convenience, the date of last revision is included at the top of this page. The Tasting Tool LLC may make changes to the Service at any time. You understand that The Tasting Tool LLC may discontinue or restrict your use of the Service for any reason or no reason with or without notice.
 
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with The Tasting Tool LLC, or (b) you are a person barred from receiving the Services under the federal, state or local laws of the jurisdiction in which you are resident or from which you use the Services.
 
Transactions
  
The Tasting Tool LLC relies upon a network of independent vendors (“Vendors”) who sell the goods advertised through the Services and ships them directly to you. If you wish to purchase any product or service made available by a Vendor through the Services (each such purchase, a “Transaction”) you may be asked to supply certain information relevant to your Transaction, including without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Your Transactions will be subject to any terms and conditions of the Vendor.
 
The Tasting Tool LLC displays suggested retail prices for goods advertised through the Services based on pricing information provided by Vendors and The Tasting Tool LLC makes no promises about the reliability or accuracy of any such information. The products and services advertised on the site are sold by the Vendors and all Transactions are subject to the return policies of such Vendors. Please contact The Tasting Tool LLC with any questions about the return policy applicable to any product or service advertised through the Services at support@thetastingtool.com.
 
Provision of Services by The Tasting Tool LLC

The Tasting Tool LLC is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which The Tasting Tool LLC provides may change from time to time without prior notice to you.
 
As part of this continuing innovation, you acknowledge and agree that The Tasting Tool LLC may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at The Tasting Tool LLC’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform The Tasting Tool LLC when you stop using the Services.
 
You acknowledge and agree that if The Tasting Tool LLC disables access to your account, you may be prevented from accessing the Services, your account details or any other content which is contained in your account.
  
Membership Eligibility; Use of the Services by you

Membership in The Tasting Tool LLC is available to members who are 21 years and older, residents of the United States and who have not been suspended or removed by The Tasting Tool LLC. You agree to use the Services for personal use and not for commercial purposes. Members may not have more than one active membership account. Members are prohibited from selling, trading or otherwise transferring a membership account to anyone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if The Tasting Tool LLC suffers any damage due to the unauthorized use of your account, you may be liable. By using the Services, you represent that you qualify to use the Services.
 
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to The Tasting Tool LLC will always be accurate, correct and up to date.
 
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law or regulation. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by The Tasting Tool LLC, unless you have been specifically allowed to do so in a separate agreement with The Tasting Tool LLC.
 
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with The Tasting Tool LLC, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
 
You agree that you are solely responsible for (and that The Tasting Tool LLC has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which The Tasting Tool LLC may suffer) of any such breach.  
 
Your passwords and account security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to The Tasting Tool LLC for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify The Tasting Tool LLC immediately at support@thetastingtool.com.
 
Privacy Policy

Protecting your private information is our priority. The Tasting Tool LLC’s collection, storage and use of private information is described in its Privacy Policy located at https://thetastingtool.com/privacy-notice. By using The Tasting Tool LLC’s services you consent to the data practices described in this statement.
 
Content in the Services

You understand that all information (such as data files, written text, or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

You should be aware that all information which you have access to as part of, or through your use of, the Services (“Content”) may be protected by intellectual property rights which are owned by third parties who provide that Content to The Tasting Tool LLC (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by The Tasting Tool LLC or by the owners of that Content, in a separate agreement.

Your license for access and use of the The Tasting Tool LLC Content and any information, materials and documents therein are subject to the following restrictions and prohibitions on use: a)You may not copy, reproduce, distribute, republish, display, post, or transmit in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of The Tasting Tool LLC; b) You may not use any materials obtained to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not "mirror" on any other server. Any unauthorized use of this content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

Use of manual or automated software, devices, or other processes to "crawl" or "spider" any content contained is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function.
 
Proprietary rights

You acknowledge and agree that The Tasting Tool LLC (or The Tasting Tool LLC’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with The Tasting Tool LLC, nothing in the Terms gives you a right to use any of The Tasting Tool LLC’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with The Tasting Tool LLC, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms as updated from time to time.
 
License from The Tasting Tool LLC

The Tasting Tool LLC gives you a personal, royalty-free, non-assignable and non-exclusive license to use the Services as provided to you by The Tasting Tool LLC. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by The Tasting Tool LLC, in the manner permitted by the Terms.
 
Content license from you

By submitting, posting or displaying any content on or through the Services, you give The Tasting Tool LLC a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. The Tasting Tool LLC reserves the right at any time to remove any content generated, submitted, posted or displayed by you on or through the Services. You confirm and warrant to The Tasting Tool LLC that you have all the rights, power and authority necessary to grant the above license.
 
Ending your relationship with The Tasting Tool LLC

The Terms will continue to apply until terminated by either you or The Tasting Tool LLC as set out below.

If you want to terminate your legal agreement with The Tasting Tool LLC, you may do so by (a) notifying The Tasting Tool LLC at any time and (b) closing your account for all of the Services, where The Tasting Tool LLC has made this option available to you. Your notice should be sent, in writing, to The Tasting Tool LLC’s at 1602 Bigelow Ave N, Seattle, WA 98109.

The Tasting Tool LLC may at any time, terminate its legal agreement with you for any reason. Nothing in this Section shall affect The Tasting Tool LLC’s rights regarding provision of Services.

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and The Tasting Tool LLC have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions stated here shall continue to apply to such rights, obligations and liabilities indefinitely.
 
EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE TASTING TOOL LLC’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” IN PARTICULAR, THE TASTING TOOL LLC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.

ANY PRODUCTS OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS. THE TASTING TOOL LLC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
 
LIMITATION OF LIABILITY

SUBJECT TO OVERALL PROVISION IN THE PARAGRAPH ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE TASTING TOOL LLC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH THE TASTING TOOL LLC MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) YOUR FAILURE TO PROVIDE THE TASTING TOOL LLC WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; THE LIMITATIONS ON THE TASTING TOOL LLC’S LIABILITY TO YOU IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT THE TASTING TOOL LLC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
 
Copyright and trade mark policies

It is The Tasting Tool LLC’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
 
Advertisements

Some of the Services may be supported by advertising revenue. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by The Tasting Tool LLC on the Services are subject to change without specific notice to you. In consideration for The Tasting Tool LLC granting you access to and use of the Services, you agree that The Tasting Tool LLC may place such advertising on the Services.