Terms of Service

Read below your obligations while using our website

PREFACE 

Welcome to the Tasting Escapes website, including related applications (collectively, this "Website"). This Website is provided solely to assist customers in gathering information, posting opinions of related issues, engaging in interactive purposes. The terms "we", "us", "our" and "Tasting Escapes" refer to Tasting Escapes LLC, the parent company (collectively, "Tasting Escapes"). The term "you" refers to the customer visiting the Website and/or contributing content on this Website.

This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

SCOPE OF SERVICE

Tasting Escapes LLC, a Delaware Corporation (hereafter mentioned as Tasting Escapes, we, us, or our) is an online booking platform that connects tasting providers (hereafter, Owner, Provider, Host, User) with Guests (hereafter, Client, Guest or User) that wish to book such tastings through tastingescapes.com (hereafter tastingescapes.com, Site, The Website, Platform). By clicking I Agree or by using the Site or any portion of any Tasting Escapes services offered, you agree to these Terms and Conditions (Terms). These Terms rule your use and access to the Site and any related services, and establish a binding legal agreement between you and Tasting Escapes. Please read the Terms carefully. If you do not agree to these Terms, you must immediately stop using our Site or any related services.

Tasting Escapes is an online platform where Providers can advertise their Tastings for bookings and through which Guest can inquire and book such Tastings. When booking through TastingEscapes.com, Guests enter into a direct and legally binding relationship with the related Provider. Tasting Escapes does not own, manage, or operate any of the Tastings listed in its Platform. Tasting Escapes acts solely as an intermediary between Guests and Providers and serves as an agent to accept payments from Guest on behalf of the Providers.

All the information regarding the Tastings listed on the Site is based on the information provided to us by the Providers. Tasting Escapes cannot guarantee that the information is accurate, does not endorse any Providers listed, and is not responsible of any errors or omissions. Each Provider is responsible at all times for the accuracy and correctness of the information about their Activity, including but not limited to the rates and descriptions displayed on our Site.

You acknowledge and agree that, by accessing, viewing or using the site, you have read, understand and agree to these Terms. If you do not agree to these Terms, you must not access, view or use the Site.

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a Tasting Escapes account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our website. Tasting Escapes does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement. The user agrees to provide all Activities, as described in the their webpage, at all scheduled dates/times and with the highest degree of skill, quality, safety and service, such that the Consumer is satisfied with the quality of the experience. The user must also fulfill all commitments to Consumers who have purchased an Activity through the Website as scheduled and in a timely manner, including honoring the price on all booked Activities regardless of any changes in users pricing policies. The user agrees that all legal obligations to operate their business in the Country or State they list activities have been met and they possess all the required documentation required by local governing bodies. The user grants Tasting Escapes use of graphics, video's and/or copy to be used in but not limited to the 

Tasting Escapes website, Tasting Escapes advertisments and Tasting Escapes social media posts.

PROHIBITED USE OF THE WEBSITE

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

(i) use this Website or its contents for any commercial purpose;

(ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(v) deep-link to any portion of this Website for any purpose without our express written permission; or

(vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by tastingescapes.com in connection with the Website or the services

INDEMNIFICATION
You agree to defend and indemnify Tasting Escapes and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

(i) your breach of this Agreement or the documents referenced herein;

(ii) your violation of any law or the rights of a third party; or

(iii) your use of this Website.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. TASTING ESCAPES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF INCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, ETC.).

TASTING ESCAPES MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TASTING ESCAPES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM TASTING ESCAPES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TASTING ESCAPES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

IN NO EVENT SHALL TASTING ESCAPES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF TASTING ESCAPES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Tasting Escapes.

LINKS TO OTHER WEBSITES

Our Site contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

MISCELLANEOUS

These terms constitute the entire Agreement of the parties regarding its subject matter and supersedes all previous agreements, whether oral or written. The laws of Delaware shall govern this Agreement. In any action relating to this Agreement, the prevailing party shall be entitled to recover, as an element of its costs and not as damages, reasonable attorneys' fees and costs from the party not prevailing. Both parties waive the right to a trial by jury.

MODIFICATION AND AVAILABILITY

Tasting Escapes has the right, at its sole discretion, to modify the Site, or to modify these Terms, at any time and without prior notice. If any modifications are made to the Terms, such notification will be posted on these Terms or we may notify you of such changes to the Terms. If you continue to access, view or use the Site, after we have posted a modification on the Site or after we have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.

Tasting Escapes does not guarantee that the Site will always be available, work, or be accessible at any particular time. We cannot guarantee that the Site will work as advertised, or that it will give you any desired results.
 
SERVICE FEES AND PAYMENTS

Providers may be charged for using some of Tasting Escapes services. This Fees & Payments Policy explains our fees. Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by Tasting Escapes. This includes, for example, encouraging buyers to purchase an item in your Tasting Escapes account through another venue or service. Sharing email adresses, telephone numbers on our platform to avoid service fees is obliged before booking confirmation. Tasting escapes has to right to cancel accounts from providers that share personal contacts like described above before booking confirmation.

GUEST BOOKING FEES
After visiting our Site you may wish to book Tastings with a Provider. Once you have decided on the proper Provider, you'll be required to create a booking. At the time of each booking you'll be required to pay in full, the total amount of the reservation (Total Fee) or to pay a Deposit

The Total Fee is comprised of the Booking Fees and Service Provider fee. Booking Fees are calculated based on a number of factors, including but not limited to the rates per person provided by the Providers, and the number of guests.

Although your credit card may be charged at the time of booking, please be aware that no bookings are confirmed until after you have received a confirmation notification from a Provider confirming the booking.

Rates displayed in other currencies are an estimation based on current exchange rates.

SERVICE PROVIDER FEE
When you make a sale through Tasting Escapes, you will be charged a Service Provider Fee of 15% of the total activity price. The Service Provider Fee is automatically deducted from the payout to the seller.

PAYMENT PROCESSING FEE
Stripe charges a payment processing fee of 2.9% + 30 cents for processing each successful transaction through Stripe. This fee is assessed on the total amount of the sale, including tax. Unlike other fees, the payment processing fee is deducted from the transaction amount as the funds become available for deposit.

CHANGES IN FEES
Tasting Escapes reserves the right to change and alter any fees at any time. If any changes to the fee or commission structure occur, Tasting Escapes shall notify the affected party. If a User or Provider fails to accept such fee changes, the User or Provider's sole remedy is to terminate these Terms and to cease using the Site and Platform immediately. A Provider or User's continued use of the Site after such notification shall constitute acceptance by Provider or User of the fee changes.

PROVIDERS
When a client books an activity the total amount will be charged to the client and kept by Tasting Escapes in an escrow account (Stripe).

FULL FEE PAYMENT MODEL
The total amount minus the Tasting Escapes agreed commission will be transferred to the partners bank account on 1 business day after fullfilment. Providers which are located not in countries supported by our third party payment processor: Stripe, will not be able to choose the full fee payment model. These providers will need to use our deposit payment model.

DEPOSIT PAYMENT MODEL
We collect a deposit payment from the booking, you collect the rest in cash or credit directly from guest.
 
CANCELLATION & REFUND POLICY

All Providers are required to select a cancellation policy for their Tastings or Properties that will be visible and applicable to any payment made by the Guest. As a Guest, please fully read and understand the cancellation policies of the Provider before booking any Tastings through our Site. As a Guest, if you wish to cancel any bookings or wish to have a refund issued, please request a cancellation or refund through your Tasting Escapes account or contact us at hello@tastingescapes.com. Please be aware that you may not be entitled to refunds depending on the cancellation and refund policy selected by the Provider
Our cancellation & refund policy is setup to protect the clients and the partners.
Tasting Escapes partners will have the possibility to choice between 2 refund and cancellation policies. The partner's cancellation policy will be stated in each tasting profile.

STANDARD CANCELLATION POLICY: Cancellations 48 hours upfront the day of the activity will be totally refunded to the client. Any cancellation initiated after the the 48 hour until fulfilment day deadline will be not refunded to the client. The partner will receive the amount charged to the client minus the Tasting Escapes agreed commission.

STRICT CANCELLATION POLICY: Cancellations 7 days upfront the day of the activity will be totally refunded. Any cancellation initiated after the 7 days until fulfilment day deadline will be not refunded to the client. The partner will receive the amount charged to the client minus the Tasting Escapes agreed commission.

CANCELLATION INITIATED BY PROVIDER
Client will receive a full refund. Partners are allowed to cancel their activities at any time.

GUEST’S REGISTRATIONS & BOOKING TERMS

GUEST REGISTRATION
You may create a Guest Account to send booking requests (Booking Request), receive, read and answer messages from Providers, accept and/or reject booking offers, cancel bookings, and to change your Guest Account information. Your information will be collected and used in accordance with our Privacy Policy. When registering you agree to register on behalf of yourself only and agree to provide us with truthful and accurate information regarding your Guest Account. You are responsible for any activity involving your Guest Account; please contact us immediately at hello@tastingescapes.com if your Guest Account information has been compromised.

BOOKING FOR GUESTS
In order to submit an inquiry or make a Booking Request through Tasting Escapes, you use your Guest Account. The Provider will then confirm or reject your booking or communicate with you through Tasting Escapes’s platform to discuss the details of tasting and send you new or additional offers for Tastings. If you do not receive a response from the Provider the submission of your initial Booking Request will be able to withdraw the Booking Request at your discretion. Once a Booking Request has been confirmed by a Provider, you agree to pay the Total Fee to Tasting Escapes for any confirmed bookings made through your Guest Account in accordance with these Terms. You also authorize us or our designated third party payment processor to collect and charge such amounts to your credit card on file.

PROVIDER’S REGISTRATIONS & BOOKING TERMS

REGISTRATION
As a Provider you may wish to create a listing for Tastings on our site (Listing(s)). In order to create Listings and publish them through our Platform, you must sign up and agree to these Terms to create an owner account (Owner Account). Upon receiving your sign up, we will create your Owner Account and give you access to your dashboard (Dashboard) based on the information you provide to us. You can create and manage all your Listings from your Dashboard where you can change and modify your Listings, including but not limited to rates and Tastings information. When registering you agree to register on behalf of yourself only and agree to provide us with truthful and accurate information regarding your Owner Account. You are responsible for any activity involving your Owner Account; please contact us immediately at hello@tastingescapes.com if your Owner Account information has been compromised.

In order to create a Listing, you will be required to fill out the related online form with information about the Tastings you wish to list, including but not limited to location and surroundings, rates, minimum age, activities etc. and cancelation policies. We may review any information provided by you regarding your Listings and modify any information before such Listings are published. You agree that all the information provided to us is accurate and up to date, including but not limited to pictures, descriptions, rates and that your Tasting or property conforms to all applicable laws, taxes or any other regulations. Please be aware that we reserve the right to reject any Listings, at any time, for any reason, and without any liability to you. You release Tasting Escapes from any liability and agree that you are solely responsible for any matter or issue regarding any applicable laws, taxes or any other regulation regarding your use of this Site and your Tastings and Listings. Once a Listing has been successfully published, Guests will have the opportunity to book your Tasting via the Site.

BOOKING
As a Provider, when receiving a Booking Request, you must confirm, reject or communicate with the Guest via our Platform. After 24 hours the guest will be entitled to withdraw the Booking Request. We will notify you by email or through the Dashboard every time you receive a Booking Request, a confirmation, a cancellation or a new message from a Guest.

Guests will be able to book your Tasting via the Site based upon the information provided in your Listing. You understand and agree that once you confirm the booking, you enter into a direct, binding agreement with the Guest. You understand and agree that Tasting Escapes is not a party to such Agreement. Tasting Escapes merely serves as the limited agent of you, the Provider, to accept and process payments from the Guests on behalf of you and will be responsible in disbursing such payments to the Provider.

NON-PARTY

Both Users and Providers agree that Tasting Escapes is not a party to any contracts created by and between a Guest and a Provider. Tasting Escapes is merely a website and service that helps connect Guests and Providers. YOU AGREE THAT WE ARE NOT LIABLE FOR AND CANNOT ACCEPT ANY LIABILITY IN CONJUNCTION WITH ANY CONTRACT CREATED BETWEEN YOU AND A THIRD PARTY. WE DO NOT TRANSFER LEGAL OWNERSHIP, TITLE, OR RIGHT TO ANY LISTINGS THROUGH OUR SITE OR SERVICE.

PAYMENT AGENT

Each Provider that registers with Tasting Escapes agrees and designates Tasting Escapes as a limited agent exclusively to collect the payments made by Guests on behalf of the Provider. As a Provider you agree that once a Guest makes a payment to Tasting Escapes when confirming a booking regarding your Tasting, you will make that same Tasting available for the Guest's visit. Provider agrees that as a limited payment agent, Tasting Escapes may accept payments from users, issue refunds, and permit user cancellations and refunds as outlined in these Terms. Both you and Tasting Escapes agree that no other agency relationship is formed between you and us. Except as expressly stated otherwise, Provider agrees that it is not an independent contractor, partner, joint venture, franchisee, agent, or employee of Tasting Escapes. Provider agrees that it shall not misrepresent its relationship with Tasting Escapes to any third parties.

DISPUTES BETWEEN USERS AND PROVIDERS

In the event of any disputes between a User and a Provider, Tasting Escapes may at its discretion assist in resolving such dispute. However, both Providers and Users agree that Tasting Escapes is not responsible for and has no liability regarding any User/Provider disputes or such dispute's resolution.

COMPLIANCE WITH LAWS AND REGULATIONS

Tasting Escapes is not responsible for your violation of any laws while using our Site. Users and Providers must comply with all local, state, and US federal laws regarding their use of our Site. Our Site and any services offered are void where prohibited.

OWNERSHIP

The Site and all of its content are protected by copyright and other laws of the United States and foreign countries. You acknowledge and agree that the Site and any related Content displayed (defined below); including all associated intellectual property rights is the exclusive property of Tasting Escapes and its licensors. You will not remove, alter or obscure any copyright, service mark or other proprietary rights notices incorporated in or accompanying the Site or any Content on the Site without the express written consent of Tasting Escapes.

CONTENT

We may, at our sole discretion, permit Providers to post, upload, publish, submit or transmit photos, diagrams, text, videos, sounds, images, or information (Content). By making available any Content on or through the Site, you hereby grant to Tasting Escapes a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, or by means of the Site. Tasting Escapes does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.

You acknowledge and agree that you are solely responsible for all Content that you make available through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to Tasting Escapes the rights in such Content, as contemplated under these Terms; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Tasting Escapes's use of the Content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

REVIEWS

As a user of Tasting Escapes you may be able to post reviews of Providers found through the Tasting Escapes platform. Please be aware that all user reviews are subject to the Content license listed above. Additionally, all reviews may be publicly accessible and searchable. We appreciate your honesty and candor when providing reviews; however, we reserve the right to modify, edit, or remove any reviews that do not comply with this Agreement or at our discretion and judgment.

COPYRIGHT POLICY

Tasting Escapes respects copyright law and expects its users to do the same. It is Tasting Escapes's policy to terminate in appropriate circumstances the Tasting Escapes Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

TERMINATION AND TASTING ESCAPES ACCOUNT CANCELLATION

Please be aware that we are not required to allow you to register or create an account through our Service, we may, at our discretion refuse to provide you with an account for any reason. We may, at our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, and (b) deactivate or cancel your Tasting Escapes Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Tasting Escapes terminates these Terms or your access to our Site or deactivates or cancels your Tasting Escapes Account you will remain liable for all amounts due hereunder. You may cancel your Tasting Escapes Account at any time. Please note that if your Tasting Escapes Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, including, but not limited to, any reviews or User feedback. If you wish to terminate the Terms, please simply stop using our Site or cancel your Account with Tasting Escapes.

DISCLAIMERS

The Site, any Site content or any User Content found within the Site are provided as is, without warranty of any kind, either express or implied. Without limiting the foregoing, Tasting Escapes explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Tasting Escapes makes no warranty that the Site, Content and Site content, including, but not limited to, the Listings or any Tastings, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Tasting Escapes makes no warranty regarding the quality of any Listings, Tastings, content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Site you are solely responsible for all of your communications and interactions with Providers and/or Guests of the Site, and with other persons with whom you communicate or interact as a result of your use of the Site, including but not limited to any Providers or Guests. You understand that Tasting Escapes does not make any attempt to verify the statements of any users of the Site, or to review or visit any Tastings. Notwithstanding Tasting Escapes's appointment as the limited agent of the Providers for the purpose of accepting payments from Guests on behalf of the Providers, Tasting Escapes explicitly disclaims all liability for any act or omission of any Guest or other third party.

LIMITATION OF LIABILITY

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, your Listing or booking of any Tastings via the Site, and any contact you have with other Users of Tastingescapes.com whether in person or online remains with you. Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

ENTIRE AGREEMENT

These Terms along with the Privacy Policy constitute the entire and exclusive understanding and agreement between Tasting Escapes and you regarding the Site and any bookings or Listings of Tastings made via the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tasting Escapes and you regarding bookings or Listings of Tastings, or the Site.

INDEMNITY

You agree to defend, indemnify and hold harmless Tasting Escapes, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

· Your use of and access to the Tasting Escapes Site;
· Your violation of any term of these Terms of Service;
· Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
· Any claim that any of your Content or actions through Tasting Escapes caused damage to a third party.

This defense and indemnification obligation will survive this Agreement and your use of the Tasting Escapes Site. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

AGE COMPLIANCE

Tasting Escapes and its Site may only be used by persons 18 years and older. If you are under 18 please stop using our Site and please do not submit any information to us.

CHOICE OF LAW

This Agreement shall be governed by the laws in force in the State of Delaware and the US. 

FORCE MAJEURE

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

SEVERABILITY

In the event that a provision of the Terms is found to be unlawful, conflicting with another provision of these Terms, or otherwise unenforceable, these Terms will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of these Terms are deemed to conflict with each other's operation, Tasting Escapes shall have the sole right to elect which provision remains in force.

NON-WAIVER

We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

CLASS ACTION WAIVER

You and Tasting Escapes agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

ELECTRONIC COMMUNICATION

The communications between you and Tasting Escapes use electronic means, whether you visit the Software, Site, or Service or send Tasting Escapes e-mails, or whether Tasting Escapes posts notices on the Software, Site, or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Tasting Escapes in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Tasting Escapes provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.