This space is dedicated to showcase Legal & Compliance Collections of Excelsior International Enterprises, Ltd. "EIE" (Europe) and Excelsior Investment International, Corp. "EII" (America) with domain https://www.excelsiorintl.org and its subsidiaries doing business as:
MIAMI Vice City Adults & Smoke Shop ("MVC") with domain https://www.viceicityshops.com/
Babados FOR NOW! Wholesales ("BFN!") with domain https://www.babados4now.com/
These collections govern how oure proceed, comply, gather, use, maintain, and disclose the information, products, services, and customer satisfaction reports collected from users (each, a "User") and affiliates (each, an "Affiliated") of their domains and subdomains (each, the "Site", or all "sites"), its Third-Party Sales hannels integrations (each, a "Partner"). This collection of Terms and Policies apply to the Sites and every product and service offered.
Apr 25, 2023
What information do we collect?
We collect information from you when you place an order, respond to a survey or fill out a form. Any data we request that is not required will be specified as voluntary or optional. When ordering on our sites, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
Your checkout process must utilize secure functionality to protect customer data through SSL certificates.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
• To personalize your experience
• To improve our website
• To improve customer service
• To process transactions
• To send periodic emails and communicate with you
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested by the customer. The email address you provide for order processing, may be used to send you information and updates pertaining to your order or request, in addition to receiving occasional company news, updates, promotions, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you submit a request, place an order or access your personal information. These security measures include: password protected directories and databases to safeguard your information.We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Children's Online Privacy Protection Act Compliance
Our websites, products and services are all directed to people who are at least 21 years old or older. You should not and may not access our site unless you are at least 21 years of age.
We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information.
Terms of Service & Use Conditions
Apr 25, 2023
PLEASE READ THESE GENERAL TERMS OF SERVICE AND USE CONDITIONS CAREFULLY. THESE CONSUMER TERMS OF SERVICE AND USE CONDITIONS (“AGREEMENT,” “TERMS AND CONDITIONS,” or “TERMS”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND VICE CITY SHOPS NETWORK, AS DEFINED BELOW.
SECTION 14 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT.
IN PARTICULAR, SECTION 14 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
SECTION 8 OF THIS AGREEMENT CONTAINS PROVISIONS RELATING TO OUR USE OF CERTAIN USER CONTENT.
SECTION 21 OF THIS AGREEMENT CONTAINS PROVISIONS WHICH LIMIT OUR LIABILITY TO YOU.
1. Application of this Agreement. This Agreement governs your use of the Technology and Services (each as defined below) and is between you and Vice City Shops Network, “VCSN,” “we,” “us,” and “our” mean Excelsior Investment International Corp, ("Excelsior International") a Florida corporation, and its subsidiaries and affiliated companies, including, without limitation, the entities listed in the remainder of this paragraph. These Terms and Conditions constitute a legal agreement between you and VCSN and/or its subsidiaries and affiliated companies, including Babados FOR NOW! Wholesales ("BFN!"), (depending on the Merchant, as defined below). Certain provisions of this Agreement apply based on the country of your primary residence or the state of United States in which you have selected a delivery or pickup address, and such provisions are designated as such using one or more of the following definitions.“United States Consumer” means your primary residence is in the United States, including Puerto Rico, a United States territory.“United States Order” means you have selected a delivery or pickup address in the United States, including Puerto Rico, a United States territory (except as otherwise noted).
2. Acceptance of this Agreement. VCSN uses its online marketplace platform to connect you and other consumers, and businesses (“Merchants”), and independent third-party contractors, except by MIAMI Vice CIty Shop ("MVC") owned and managed by VCSN , who provide delivery and/or other services (“Contractors”). VCSN’s Technology (as defined below) permits consumers to place orders for goods from Merchants, either for\, shipping, delivery or pickup, and/or request services from Merchants. If a delivery order is made, VCSN uses the Technology to notify Contractors (or, for certain orders, Merchants) that a delivery opportunity is available and to facilitate completion of the delivery to the consumer. If a pickup order is made, VCSN uses the Technology to communicate with the consumer regarding the availability of the order for pickup. DoorDash is not a merchant, retailer, restaurant, grocer, delivery service, or food preparation business (except as otherwise specified in Section 6 below).If you access any of our websites located at https://www.vicecityus.com/, https://vicecityshops.app and https://order.vicecityus.com.com, install or use the VCSN or Vice City CONNECT ("CONNECT") mobile application, install or use any other technology supplied by VCSN (collectively, the “Technology”), or access or use any information, function, feature, or service made available or enabled by DoorDash (collectively, the “Services,” which includes the Technology), click or tap a button or take similar action to signify your affirmative acceptance of this Agreement, or complete the VCSN account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that: (a) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at https://www.Vicecityus.com/com/compliance or through the Technology; (b) you are of legal age in the jurisdiction in which you reside to form a binding contract with VCSN ; and (c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account or named as the User during the VCSN account registration process and to bind such organization to the Agreement.The specific Services available to you may vary based on the delivery or pickup address that you have selected. A certain function, feature, or Service (y) available to one User may not be available to all Users or at all times, and (z) may only be available in the latest version of the VCSN or CONNECT mobile applications.
The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective employees, agents, or representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.
3. Modifications. Subject to Section 14(k) of this Agreement, VCSN reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Technology or Services at any time, effective upon posting an updated version of this Agreement at https://www.vicecityus.com/Compliance/ or through the Technology. If we make any material changes to this Agreement, we will notify you by email at the email address that you have provided to us or by another means. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. If you do not agree to these modifications, you should immediately cease using the Technology and Services.
5. Rules and Prohibitions. Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:
(a) You will only use the Services for lawful purposes and you will not use or attempt to use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes.
(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, other intellectual property rights, or other rights of any third party, including privacy, personality, or publicity rights.
(c) You will only use or access the Services using means explicitly authorized by VCSN . If applicable, it is your responsibility to ensure you download the correct Technology for your device. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Technology for your device. We reserve the right to terminate your use of the Technology and/or Services should you be using the Technology or Services with an incompatible or unauthorized device.
(d) You will not use or attempt to use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
(e) You will not use or attempt to use the Services to cause nuisance, annoyance, or inconvenience.
(f) You will not use or attempt to use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting, or selling to any Merchant, User, or Contractor, unless VCSN has given you prior permission to do so in writing.
(g) You will not copy or distribute, or attempt to copy or distribute, the Technology or any content displayed through the Services, including any reviews or Merchants’ menu content or catalogs, for republication in any format or media.
(h) You will not directly or indirectly create or compile, or attempt to create or compile, any content or collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.
(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
(j) You will keep secure and confidential your account password and any other login or identification credentials you use to access the Services.
(k) You will use the Technology and Services only for your own use and will not directly or indirectly resell, license, or transfer the Technology, Services, or content displayed by the Services to a third party.
(l) You will not use or attempt to use the Services in any way that could damage, disable, overburden, or impair any VCSN server or the networks connected to any VCSN server.
(m) You will not attempt to gain unauthorized access to any part of the Technology or the Services and/or to any account, resource, computer system, and/or network connected to any VCSN server.
(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures VCSN may use to prevent or restrict access to the Services or use of the Services or the content therein, and you will not attempt any of the foregoing.
(o) You will not deep-link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process, and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites, and you will not attempt any of the foregoing.
(p) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services, and you will not attempt any of the foregoing.
(q) You will not engage in conduct that harms, attempts to harm, or threatens the safety of other Users, Merchants, Contractors, VCSN, VCSN employees, or our community in any way whatsoever, and you will take reasonable steps to prevent the foregoing.
(r) You will not engage in threatening, harassing, racist, or sexist behavior or any other behavior that VCSN deems inappropriate when using the Services.
(s) You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Services.
(t) You will not abuse or attempt to abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time Users.
(u) Your participation in using the Services is for your sole, personal, or internal business use.
(v) You will not falsely or fraudulently claim that your order or items from your order were missing, incorrect, of poor quality, defective, or never delivered. In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.
6. Contractors and Merchants Are Independent.
(a) You understand and agree that VCSN provides the Services to connect you with independent Merchants that provide the products and services offered through the Services, and independent third-party Contractors who provide delivery and other services. You acknowledge and agree that VCSN is not a merchant, retailer, restaurant, grocer, pharmacy, chemist, delivery service, or food preparation business, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. Merchants are the retailers of the products or services offered through the Services. DoorDash is not in the delivery business, does not provide delivery services, and is not a common carrier. DoorDash provides the Services to facilitate the transmission of orders by Users to Merchants, including orders for pickup or delivery by Contractors and/or Merchants. DoorDash will not assess or guarantee the suitability, legality, or ability of any Contractor or Merchant. You agree that DoorDash is not responsible for the Merchants’ food preparation or product offerings, food or product handling, or the safety of the food or other products, or whether the photographs, images, menu or product listings, catalog, item descriptions, or other menu, product, or catalog information (including nutrition, ingredient, and/or allergen information) displayed through the Services accurately reflect the goods and services sold by the Merchants and/or delivered by the Contractor and/or Merchant, and does not verify Merchants’ compliance with applicable laws or regulations. You also acknowledge and agree that menu, product, or catalog listings, descriptions, or other information (including photographs or images or nutrition, ingredient, and/or allergen information) displayed through the Services may not have been provided directly by the Merchant. DoorDash has no responsibility or liability for acts or omissions by any Merchant or Contractor. You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Contractor and/or Merchant will be directed by your instructions to transport the products to your designated delivery location.
You agree that neither the Contractor nor VCSN holds title to or acquires any ownership interest in any goods that you order through the Services. You must not do anything which seeks to create an encumbrance, lien, charge, or other interest in or over the goods that you order until title has passed to you.
(b) Notwithstanding Section 6(a):(i)Orders placed through the Services with MIAMI Vice City Shop, Babados FOR NOW! | Wholesales, is the Merchant and is therefore the retailer of the goods sold. MIAMI Vice City Shop, is a subsidiary of VCSN, Inc. and is a Merchant listed on the Services.
7. User Account. You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized User of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User account, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify VCSN immediately. VCSN will not be liable, and you may be liable, for losses, damages, liability, expenses, and fees incurred by VCSN or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if VCSN has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, VCSN has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). We may enable or require you to use a single pair of login credentials to use the VCSN and/or CONNECT services. You agree not to create an account or use the Services if you have been previously removed by DoorDash, or if you have been previously banned from use of the Services.8. User Content(a) User Content.
VCSN may provide you with interactive opportunities through the Services, including, by way of example, the ability to post or otherwise provide to VCSN Ratings and Reviews (as defined below), Feedback (as defined below), or other text, photos, images, or audio and video content (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post, and/or otherwise transmit through the Services. You further represent and warrant that any User Content submitted, posted, and/or otherwise transmitted through the Services by you or someone on your behalf or through your User account does not
(i) violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) contain material that is false, intentionally misleading, deceptive, defamatory, offensive, or, abusive, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation, or any physical or mental disability;
(iii) contain sexually explicit or violent content or photos, images, or videos of weapons, illegal drugs, or hate symbols;
(iv) contain any material that is unlawful or relates to unlawful conduct (including phishing and spoofing);
(v) create a privacy or security risk to any person, including by soliciting personal information from any person, or contain any confidential, sensitive, private, or personally identifiable information;
(vi) solicit money from any person;
(vii) contain financial, legal, medical, or other professional advice;
(viii) harm, abuse, harass, stalk, threaten, or otherwise offend;
(ix) reflect negatively on VCSN, including VCSN's goodwill, name, and reputation;
(x) tamper with, hinder the operation of, or make unauthorized modifications to our websites or Technology; (xi) otherwise result in civil or criminal liability for you, VCSN, or any third party;
(xii) violate any law or regulation; or
(xiii) violate this Agreement or any community or content guidelines that DoorDash may publish from time to time (including but not limited to the VCSN Review Guidelines). You hereby grant VCSN (including DoorDash’s service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use the User Content in connection with VCSN's business and in all forms now known or hereafter invented (collectively, “Uses”), without notification to and/or approval by you. You further grant VCSN a license to use your username, first name and last initial, profile photo (if available), and/or other User profile information, including, without limitation, your ratings history, to attribute User Content to you in connection with such Uses, without notification to or approval by you.
You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to VCSN herein shall survive termination of the Services or your account. VCSN reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or any community or content guidelines we may publish or that we consider to be objectionable for any reason. You agree that VCSN may monitor and/or delete your User Content (but does not assume the obligation to do so) or may decide to not publish, display, or otherwise make available your User Content for any reason at VCSN's sole discretion. VCSN may also access, read, preserve, and disclose any information as VCSN reasonably believes is necessary to satisfy any applicable law, regulation, legal process, or governmental request; enforce this Agreement, including investigation of potential violations hereof; detect, prevent, or otherwise address fraud, security, or technical issues; respond to User, Contractor, or Merchant support requests; or protect the rights, property, or safety of VCSN, our Users, and the public.(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to VCSN through its suggestion, feedback, wiki, forum, or similar pages (“Feedback,” which is considered User Content) is at your own risk and that VCSN has no obligations (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to VCSN (including DoorDash’s service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use such Feedback.(c) Ratings and Reviews. To the extent that you rate or post reviews of Merchants or other businesses, which may include but is not limited to text, photos, images, audio, or videos that you provide (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by VCSN and do not represent the views of VCSN or its affiliates. VCSN shall have no liability for Ratings and Reviews or for any claims of economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you acknowledge and agree that:
(i) you will base any Rating or Review on first-hand experience with the Merchant or business;
(ii) you will not provide a Rating or Review for any Merchant or business for which you have an ownership interest, employment relationship, or other affiliation or for any competitor of such a Merchant or business;
(iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Merchant or business;
(iv) Any Rating or Review you submit will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; (vii) we may decide to not publish, display, or otherwise make available your Rating or Review for any reason in our sole discretion; and
(viii) any Rating or Review you submit will comply with our Review Guidelines. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such Rating or Review without notice and take any additional action, in DoorDash’s sole discretion, as we deem necessary or appropriate.
9. Communications with VCSN.
By creating a VCSN account or using the Technology or Services, you agree to accept and receive communications from VCSN, Contractors, Merchants, or third parties providing services to you or VCSN, including via email, text message, direct message, chat, calls, and push notifications to the cellular telephone number you provided to DoorDash. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of VCSN and/or Contractors, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. For certain types of communications (for example, marketing, research, or product updates), you may be able to adjust the emails, text messages, push notifications, or other communications you receive from us in the VCSN mobile application, on our website, or through mechanisms or functionality available in the communication. For purposes of clarity, any text message you may receive from us, a Merchant, or a Contractor regarding an order is a transactional text message, not a promotional text message.
10. Electronic Records.
By creating a VCSN account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing VCSN at firstname.lastname@example.org with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this Agreement, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access, and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email VCSN at email@example.com with contact information and your mailing address. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that VCSN provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This paragraph does not affect your statutory rights.
11. Intellectual Property Ownership
VCSN alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Technology and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Technology or the Services, or any intellectual property rights owned by VCSN.
VCSN names, VCSN logos, and the product names associated with the Technology and Services are trademarks of VCSN or third parties, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Technology or the Services.
12. Payment Terms(a) Prices & Charges.
You understand that:
(i) the prices for menu or other items displayed through the Services may differ from the prices offered or published by Merchants for the same menu or other items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu or other items are sold and may change at any time without notice;
(ii) VCSN has no obligation to itemize its costs, profits, or margins when publishing such prices; and (iii) pricing may change at any time, in the discretion of VCSN or the Merchant (depending on which party sets the given price). For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower depending on the final in-store totals. In those situations, VCSN reserves the right to temporarily authorize or place a hold on your payment method for an amount that may be greater than the amount shown at checkout and to charge your payment method the final price after checkout. You are liable for all transaction taxes (other than taxes based on VCSN's income), including sales tax, use tax, goods and services tax, and other transaction taxes if applicable, on the Services provided under this Agreement (which, for the avoidance of doubt, includes any fees VCSN charges for DashPass subscriptions). If transaction taxes, including sales tax, use tax, goods and services tax, and other transaction taxes, are applicable, VCSN reserves the right to charge you additional amounts on account of such taxes. In the event that the charge to your payment method may incorrectly differ from the total amount, including subtotal, fees, and gratuity, displayed to you at checkout and/or after gratuity is selected, VCSN reserves the right to make an additional charge to your payment method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout and/or after gratuity is selected. All payments will be processed by VCSN and/or its payments processor, using the preferred payment method designated in your account. If your payment details change, you or your card provider may provide us with updated payment details. We may use these new details or details from other payment methods on file in order to help prevent any interruption to your use of the Services. This includes our right to charge any payment method on file if your initial form of preferred payment fails. It is your responsibility to keep your billing information up to date.
(b) Strikethrough Pricing (United States Orders). This Section 12(b) VCSN may use strikethrough pricing for certain items (for example, when presenting a discount or promotional price for items). VCSN does not represent that the strikethrough price was the regular or former price of items for any particular period of time and the time period may vary widely depending on the items. VCSN may also rely on Merchants or a third party to provide information about the regular or former price of items offered by those Merchants or a third party, and VCSN's strikethrough price therefore may represent the price that VCSN, a Merchant, or a third party offered the item for sale for some period of time. The strikethrough price may also be an introductory price that was offered for a short period of time. Unless otherwise specified, the strikethrough price represents a non-member discount to the extent the Merchant has a membership program.
(i) . Charges paid by you for completed and delivered orders, or for orders confirmed by a Merchant, are final and non-refundable. VCSN has no obligation to provide refunds or credits but may grant them gratuitously at VCSN's sole discretion in each case. You may be required to provide identification information and/or a signature upon pick up and/or receipt of certain orders, as communicated at the time you place your order; if you fail to provide the required identification information or signature for such an order, you agree and acknowledge that we will not honor any claim that your order was not delivered and you may be subject to a non-refundable restocking fee.
(d) Promotional Offers and Credits. VCSN, at its sole discretion, may make promotional offers with different features and different pricing to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by VCSN; (iii) are subject to the specific terms that VCSN establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer or in the VCSN Terms and Conditions for Promotional Offers and Credits, which is, to the extent permitted by applicable law, incorporated in this Agreement by reference. VCSN reserves the right to withhold or deduct credits or benefits obtained through a promotion, or to charge additional amounts that would have applied to the transaction had the promotion not applied, in the event that VCSN determines or believes on reasonable grounds that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. DoorDash reserves the right to modify or cancel an offer at any time. The VCSN Terms and Conditions for Promotional Offers and Credits apply to all promotional offers. You agree that we may change the VCSN Terms and Conditions for Promotional Offers and Credits at any time. VCSN may also offer gratuitous credits, which can be used for the Services. Any credit issued by VCSN under this Section 12
(d) is valid for 6 months from the date of issue except to the extent prohibited under applicable law and may not be redeemed for cash or cash equivalent; however, your credits may expire earlier if your account is deactivated. Upon expiration, credits will be removed from your account. Expired credits are no longer redeemable and cannot be used towards any order. Credits issued to a User’s DoorDash or Caviar account may only be redeemed through that respective brand’s Services.
(e) Fees for Services. VCSN may change the fees that DoorDash charges you as we deem necessary or appropriate for our business, including but not limited to Delivery Fees, Service Fees, Small Order Fees, Expanded Range Fees, Regulatory Response Fees, and Surge Fees. VCSN may offer different pricing to customers based on a variety of factors, including but not limited to geographic areas or usage. DoorDash may also charge you additional fees as required by law. Further, DoorDash may charge Merchants fees on orders that you place through the Services, including commissions and other fees, and may change those Merchant fees as we deem necessary or appropriate for our business or to comply with applicable law. DoorDash may charge you a Service Fee for the convenience of ordering through the DoorDash platform. None of the Service Fee, Delivery Fee, Small Order Fee, Surge Fee, or any other fee charged to you by DoorDash is for any right to access, install, or use any Technology.
(f) Referral Program. VCSN Referral Program Terms and Conditions are incorporated herein by reference. Under the referral program (“Referral Program”), VCSN offers its registered Merchants in good standing the opportunity to earn gratuitous VCSN credits as promotional rewards by inviting their eligible Business partners to register as new VCSN Merchant and place their initial order through the Services by using a unique referral ID link (“Personal Link”). For each eligible referral generated through a Merchant’s Link, the Merchant may receive a gratuitous credit as specified on VCSN's Referral Program page. You agree that we may change the terms and conditions of the Referral Program or terminate the Referral Program at any time. If you do not agree to these changes, you should immediately cease participating in the Referral Program. Any credit issued by VCSN under this Section 12(f) is valid for 6 months from the date of issue except to the extent prohibited under applicable law and may not be redeemed for cash or cash equivalent; however, your credits may expire earlier if your account is deactivated. Upon expiration, credits will be removed from your account. Expired credits are no longer redeemable and cannot be used towards any order. Credits issued to a User’s VCSN or CONNECT account may only be redeemed through that respective brand’s Services.
(g) Gift Cards. Except as provided below, gift cards may be redeemable towards eligible orders placed on www.vicecityus.com or in the VCSN mobile application, on www.vicecityshops.app or in the CONNECT mobile application. But if you have a gift card that was purchased and used before September 15, 2020 in the United States, you must use any remaining balance of that gift card on the service (CONNECT or VCSN) where the card was first redeemed. Gift cards are issued by the following entities: Vice City CONNECT in the United States;Gift cards are not redeemable for cash except when required by applicable law. Gift cards are governed by the following Gift Card Terms and Conditions, which are incorporated herein by reference:(i) For gift cards purchased in United States dollars, see here.
h) SNAP/EBT (United States Orders but Excluding Puerto Rico Orders). This Section 12(h) applies to United States Orders (but excluding Puerto Rico Orders). VCSN permits customers in the United States (but excluding Puerto Rico) to purchase Supplemental Nutrition Assistance Program (“SNAP”) eligible items from select Merchants using a valid Electronic Benefits Transfer (“EBT”) card. For any transactions involving use of your SNAP EBT funds, a credit or debit card must also be linked to your VCSN account to pay for any fees, taxes, delivery tips, and any other items you purchase that are not SNAP-eligible. You have the option to view SNAP-eligible items on the VCSN platform by using a “SNAP” filter. SNAP-eligible items will also have a “SNAP” tag on their respective item details pages. By providing VCSN with your SNAP EBT card information, you represent and warrant that (i) you are legally authorized to use the SNAP EBT card provided; (ii) your SNAP EBT card is current and valid; and (iii) you authorize VCSN to use your SNAP EBT card information for transactions involving use of your SNAP EBT benefits. VCSN cannot accept EBT cash at this time.
13. Vicious SCORE Subscriptions
(a) General. Vicious SCORE is an automatically renewing subscription requiring recurring payments until canceled. A Vicious SCORE subscription grants you access to certain benefits (“ Vicious SCORE Benefits”) on eligible orders placed through the Services for eligible Merchants with a minimum subtotal (excluding taxes, fees, and tips) as indicated through the Services.
Vicious SCORE Benefits include reduced fees for and $0 delivery fees Orders. For certain VCSN orders that may have alternative fee structures (for example, a flat VCSN fee), Vicious SCORE Benefits may vary. VCSN reserves the right to change whether a Merchant is eligible for Vicious SCORE at any time with or without notice. You acknowledge that you are purchasing a Vicious SCORE subscription exclusively from Excelsior Investment International, Corp.
Vicious SCORE orders are subject to delivery driver and geographic availability, and taxes may apply to the cost of the items you order and/or to fees charged. You may provide an optional gratuity. Service Fees and other fees may apply. We reserve the right to add and modify fees that may apply to your DashPass orders. Your Vicious SCORE Benefits will extend to both VCSN and CONNECT (if applicable) when you register for a Vicious SCORE subscription. Vicious SCORE is offered for a monthly or yearly fee payable at the start of the relevant period. By signing up for Vicious SCORE, you agree that: (i) you will be charged your first Vicious SCORE subscription fee and any applicable taxes (such as sales tax, use tax, goods and services tax, and other transaction taxes) on the date you purchase your Vicious SCORE subscription or, if your subscription includes a free trial, on the day after your free trial ends; (ii) you authorize VCSN and its service providers to store your payment method for the purpose of executing future Vicious SCORE auto-renewal transactions; (iii) UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR VICIOUS SCORE SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD; and (iv) AT THE TIME OF RENEWAL, VCSN WILL AUTOMATICALLY CHARGE THE THEN-CURRENT VICIOUS SCORE FEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT WE HAVE ON FILE FOR YOU. If your payment details change, your card provider may provide us with updated payment details. We may use these new details or details from other payment methods on file in order to help prevent any interruption to your Vicious SCORE subscription. This includes our right to charge any payment method on file if your initial form of preferred payment fails. It is your responsibility to keep your billing information up to date. If any subscription fee is not paid in a timely manner or your transaction cannot be processed, we reserve the right to suspend, disable, cancel, or terminate your access to the Services or your DashPass subscription. You will be responsible for paying all past due amounts.
(b) Trial or Promotional Subscriptions. From time to time, VCSN may offer some customers trial or other promotional subscriptions to Vicious SCORE, whether directly from VCSN or in partnership with a third party. Such trial or promotional subscriptions are available only for Users who have not previously subscribed to Vicious SCORES (whether on a free or paid plan) and are subject to this Agreement and the VCSN Terms and Conditions for Promotional Offers and Credits except as otherwise stated in the promotional offer. If you do not cancel your free trial or promotional subscription within the trial or promotional pricing period, you agree to purchase a paid Vicious SCORE subscription at the then-current fee. When your free trial or promotional pricing period has expired, your subscription will automatically convert into a paid, automatically renewing Vicious SCORE subscription, and VCSN will bill you the applicable fee (plus applicable taxes, such as sales tax, use tax, goods and services tax, and other transaction taxes) unless you cancel. If you cancel Vicious SCORES before the trial period has expired, VCSN will not charge you for the Vicious SCORE subscription. If you purchase a Vicious SCORE subscription with a promotional code, each time your Vicious SCORE subscription renews, you will be charged the full billing amount. Only one trial or promotional subscription is available per household. If your Vicious SCORE subscription is ever terminated for any reason, you shall not be eligible for a free trial on any subsequent Vicious SCORE subscription.(e) Vicious SCORE Gift Subscriptions. DoorDash may offer customers the opportunity to purchase Vicious SCORE gift subscriptions (“Vicious SCORE Gift Subscriptions”) and then send these Vicious SCORE Gift Subscriptions to other customers to redeem (“Gift Subscription Recipients”). Such Vicious SCORE. Vicious SCORE Gift Subscriptions can only be purchased and redeemed by Users who have or create a valid Vicious SCORE account with a valid form of accepted payment on file. A Vicious SCORE Gift Subscription entitles the Gift Subscription Recipient to a Vicious SCORE subscription for the length of time identified in the Vicious SCORE Gift Subscription confirmation (the “Vicious SCORE Gift Subscription Period”). Vicious SCORE Gift Subscriptions cannot be redeemed by Vicious SCORES subscribers currently enrolled in any free, paid, or discounted partnership subscription plan (“Excluded Subscription Plans”). Any Gift Subscription Recipients of a DashPass Gift Subscription currently enrolled in an Excluded Subscription Plan may choose to transfer their Vicious SCORES= Gift Subscription to another customer. For Gift Subscription Recipients enrolled in an eligible existing paid Vicious SCORE subscription at the time of redemption of a Vicious SCORE Gift Subscription, such eligible existing paid Vicious SCORE subscription will continue through the end of the Gift Subscription Recipient’s current Vicious SCORE billing cycle before the Vicious SCORE Gift Subscription will be applied. For Gift Subscription Recipients enrolled in an eligible existing Vicious SCORE subscription currently in a free period at the time of redemption of a Vicious SCORE Gift Subscription, the Vicious SCORE Gift Subscription will be applied immediately upon redemption and any unused days in the previous free period will be forfeited.For all Gift Subscription Recipients, after the Vicious SCORE Gift Subscription Period ends, that subscription will automatically convert into a paid monthly Vicious SCORE subscription, and DoorDash will charge the Gift Subscription Recipient the applicable monthly fee to the preferred payment method designated in the Gift Subscription Recipient’s DoorDash account. All purchases of Vicious SCORE Gift Subscription are final and non-refundable.(
f) Cancellations. When you cancel a Vicious SCORES subscription, you cancel only future charges associated with your Vicious SCORES subscription. You may initiate your cancellation at any time through the Services, but the cancellation will become effective at the end of your current subscription period. Instructions on how to cancel are available here.
You must cancel at least one
(1) day before the next-scheduled subscription renewal date to avoid being charged for the next subscription period (for example, if the renewal date is January 10, you must cancel by 11:59:59 pm on January 9).If you participated in a free trial or other promotional subscription period for Vicious SCORE, you may cancel within the first 48 hours of your first paid Vicious SCORE subscription period and receive a full refund of your Vicious SCORE fee (as applicable). For both monthly and annual subscribers, if you cancel your Vicious SCORE subscription within the first 48 hours of your first subscription period and have not placed a Vicious SCORE-eligible order during that period, Vicious SCORE may, in its sole discretion, refund your Vicious SCORE fee. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future.
YOUR SUBSCRIPTION FEE IS NONREFUNDABLE and if you cancel your Vicious SCORE subscription, you will not receive a refund, but you can continue to enjoy the Vicious SCORE Benefits through the end of your then-current subscription period.
(g) Vicious SCORE Benefits for Certain Cardmembers
(i) Chase Cardmembers . Chase cardmembers in the United States (but excluding Puerto Rico) are eligible for certain Vicious SCORE benefits on both DoorDash and Caviar when an eligible Chase credit card is added to either account. The specific benefits depend upon which Chase credit card is added to your account. These benefits are subject to this Agreement and the VCSN Terms and Conditions for Promotional Offers and Credits as well as the following card-specific terms:(A) Chase Sapphire Reserve® (B) Chase Sapphire® & Chase Sapphire Preferred® (C) Chase Freedom(D) Chase Slate(E) Chase Co-BrandAdditional information about the Vicious SCORE benefits for Chase cardmembers can be found at our DashPass for Chase Cardmembers page.(ii) Mastercard Cardmembers (United States Only but Excluding Puerto Rico). Eligible World and World Elite Mastercard cardmembers in the United States (but excluding Puerto Rico) are eligible for certain Vicious SCORE benefits on both VCSN and CONNECT when they sign up for Vicious SCORE with their eligible World and World Elite Mastercard. These benefits are subject to this Agreement and the VCSN Terms and Conditions for Promotional Offers and Credits as well as the program-specific benefit disclosures available here.((h) Updates and Changes. VCSN does not represent or warrant that particular Vicious SCORE benefits or features will be offered indefinitely and reserves the right to, in its sole discretion, change the fees or alter the features and benefits associated with a Vicious SCORE subscription. If DoorDash changes the monthly or annual fee charged for a Vicious SCORE subscription, DoorDash will notify you and provide you with the opportunity to cancel your subscription before your Vicious SCORE subscription is renewed for another subscription term. If you do not wish to continue subscribing with the new subscription fees, you may cancel your Vicious SCORE subscription within the specified notice period. We may also notify you of Vicious SCORE feature changes. Your continued use of the Services after a fee or feature change becomes effective will constitute your acceptance of the change, and any updated terms and conditions will apply for the remaining subscription term and all renewals going forward.(i) No Transfer or Assignments and Cancellations by VCSN. Your Vicious SCORE subscription cannot be transferred or assigned. Vicious SCORE reserves the right to accept, refuse, suspend, or cancel your Vicious SCORE subscription at any time in its sole discretion. If Vicious SCORE cancels your Vicious SCORE subscription, you will receive a refund of your subscription fee on a pro rata basis based on the amount of time remaining in your pre-paid subscription, unless VCSN terminates your account or your Vicious SCORE subscription because it determines, in its sole discretion, that your actions or your use of the Services violates this Agreement or has harmed another User.14. Arbitration AgreementTHIS SECTION 14 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”Please read this Section 14 carefully. It requires that any and all claims between you and DoorDash be resolved by binding arbitration or in small claims court and, to the extent permitted by applicable law, prevents you from pursuing a class action or similar proceeding in any forum. Arbitration is required if your country of residence enforces arbitration agreements. If you are outside the United States, but attempt to bring a claim in one of those countries, arbitration is required for determination of the threshold issue of whether this Section 14 applies to you, as well as all other threshold determinations, including residency, arbitrability, venue, and applicable law. If your country of residence does not enforce arbitration agreements, the mandatory pre-arbitration dispute resolution and notification and prohibition on class actions or representative proceedings provided below still apply to the extent enforceable by law.
(a) Scope of Arbitration Agreement. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before, on, or after the effective date of this Agreement. You agree that any dispute or claim arising out of or relating in any way to the subject matter of the Agreement, to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding VCSN or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with DoorDash as a User of our Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be resolved by binding arbitration, rather than in court, except as otherwise required by law or as otherwise provided in this Arbitration Agreement. In addition, to the extent permitted by applicable law, either you or DoorDash may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Either you or VCSN may also, to the extent permitted by applicable law, apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual. You may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
CASES HAVE BEEN FILED AGAINST VCSN—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.
IF YOU AGREE TO ARBITRATION WITH VCSN, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST VCSN IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
(b) Informal Resolution. You and VCSN agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and VCSN therefore agree that, before either you or VCSN demands or attempts to commence arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. For sake of clarification only, the informal dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Excelsior International that you intend to initiate an informal dispute resolution conference, email firstname.lastname@example.org, providing your name, telephone number associated with your DoorDash account (if any), the email address associated with your DoorDash account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.(c) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certify completion of the informal dispute resolution conference pursuant to Section 14(b). If this notice is being sent to VCSN, it must be sent by email to the counsel who represented VCSN in the informal dispute resolution process, or if there was no such counsel, then by mail to General Counsel, at 1065 SW 8th St, #1505, Miami FL, 33130 US. The arbitration will be conducted by ADR Services, Inc. under its rules and pursuant to the terms of this Agreement. Once the notice certifying completion of the informal dispute resolution conference has been served, the party seeking to arbitrate must then file their arbitration demands with ADR Services, Inc. The demand must include (A) the name, telephone number, mailing address, and email address of the party seeking arbitration; (B) a statement of the legal claims being asserted and the factual bases of those claims; (C) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (D) the signature of the party seeking arbitration. Disputes shall be subject to ADR Services, Inc.’s most current version of its Arbitration Rules, available as of January 3, 2023 at https://www.adrservices.com/services/arbitration-rules or by calling ADR Services, Inc. at 310-201-0010. The fees that shall apply to arbitrations administered by ADR Services, Inc. are set forth on ADR Services, Inc.’s website, available as of January 3, 2023 at https://www.adrservices.com/rate-fee-schedule/. Specifically, the fees set forth in ADR Services, Inc.’s Mass Consumer Non-Employment Arbitration Fee Schedule shall apply when twenty (20) or more arbitration claims are filed which: (X) involve the same or similar parties; (Y) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; and (Z) involve the same or coordinated counsel for the parties. In all other circumstances, the fees set forth in ADR Services, Inc.’s General Fee Schedule shall apply, except that DoorDash will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. Payment of all filing, administration, and arbitration fees will be governed by ADR Services, Inc.’s rules. If the arbitrator finds that you cannot afford to pay ADR Services, Inc.’s filing, administrative, hearing, and/or other fees and cannot obtain a waiver of fees from ADR Services, Inc., VCSN will pay them for you. Any finding that a claim or counterclaim violates the standards set forth in Federal Rule of Civil Procedure 11 shall entitle the other party to recover their attorneys’ fees, costs, and expenses associated with defending against the claim or counterclaim. If a party timely serves an offer of judgment under Federal Rule of Civil Procedure 68 or a state or local equivalent, if applicable, and the judgment that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the costs, including filing fees, incurred after the offer was made. If ADR Services, Inc. is not available to arbitrate, the parties will mutually select an alternative arbitral forum. To the extent there is a dispute over which arbitration provider shall administer the arbitration, only a court (and not an arbitrator or arbitration administrator) can resolve that dispute, and the arbitration shall be stayed until the court resolves that dispute. You may choose to have the arbitration conducted by telephone, video conference, or in person in the county where you live or at another mutually agreed location. The parties agree that all of the arbitration proceedings, including any discovery, hearings, and rulings, shall be confidential to the fullest extent permitted by applicable law. If at any time the arbitrator or arbitration administrator fails to enforce the terms of this Agreement, either party may seek to enjoin the arbitration proceeding in court, and the arbitration shall automatically be stayed pending the outcome of that proceeding.If the arbitration award includes any injunction or a monetary award that exceeds $100,000, then either party shall have the right to appeal that award to an arbitration appellate panel. The notice of appeal must be served, in writing, on the opposing party within fourteen (14) days after the award has become final. ADR Services shall administer the appeal consistent with the JAMS Optional Arbitration Appeal Procedures, available as of January 3, 2023 at https://www.jamsadr.com/appeal/
(d) Arbitrator Powers. The arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, to the extent permitted by applicable law except with respect to Section 14(f) below (Waiver of Class, Consolidated, and Representative Actions; Waiver of Public Injunctive Relief), the enforceability of which can only be determined by a court. All disputes regarding the payment of arbitrator or arbitration-organization fees, including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court or arbitration administrator. The arbitration will decide the rights and liabilities, if any, of you and VCSN. Except as expressly agreed to in Section 14(g) of this Agreement, the arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator may issue orders (including subpoenas to third parties, to the extent permitted by law) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. For example, the arbitrator shall preclude oral discovery of either party’s current or former high-level officers absent a showing that the officer has unique, personal knowledge of discoverable information and less burdensome discovery methods have been exhausted. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and VCSN.
(e) Waiver of Jury Trial. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND VCSN WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and VCSN are instead electing to have all disputes resolved by arbitration, except as specified in Section 14(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
(f) Waiver of Class, Consolidated, and Representative Actions; Waiver of Public Injunctive Relief. EXCEPT AS EXPRESSLY AGREED TO IN SECTION 14(g) OF THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND VCSN AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS EXCEPT AS SET FORTH IN SECTION 14(g). CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT AS SET FORTH IN SECTION 14(g). In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) a civil court of competent jurisdiction finds all or part of the Waiver of Class, Consolidated, and Representative Actions is unenforceable, the class, collective, or representative action must be litigated in a civil court of competent jurisdiction, but the portion of the Waiver of Class, Consolidated, and Representative Actions that is enforceable shall be enforced in arbitration. The portion of such dispute proceeding in court shall be stayed pending the conclusion of the arbitration. Notwithstanding any other provision in this Agreement, any claim that all or part of the waivers set forth in Section 14(f) is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. This provision does not prevent you or VCSN from settling claims on a class, collective, or representative basis.
(g) Batch Arbitrations. To the extent permitted by applicable law, to increase efficiency of resolution, in the event 100 or more similar arbitration demands against VCSN, presented by or with the assistance or involvement of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period: (A) the parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch (plus, to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); (B) claimants’ counsel shall organize and present the batched demands to the arbitration provider in a format as directed by the arbitration provider; (C) the arbitration provider shall provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch; and (D) the arbitration provider shall send one set of disclosures per batch and will set up one Arbitration Management Conference per batch. You agree to cooperate in good faith with VCSN and the arbitration provider to implement such a batch approach to resolution and fees. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. Notwithstanding any provision in the Agreement to the contrary, batch arbitrations shall take place in San Francisco, California or, if the parties prefer, by video conference. The parties may also agree to conducting arbitration based on written submissions alone.
(h) Opt Out. VCSN's updates to these Terms and Conditions do not provide a new opportunity to opt out of the Arbitration Agreement for customers or Users who had previously agreed to a version of VCSN or Vice City CONNECT Terms and Conditions and did not validly opt out of arbitration. VCSN will continue to honor the valid opt outs of customers or Users who validly opted out of the Arbitration Agreement in a prior version of the Terms and Conditions. If you are a customer or User who creates a VCSN and Vice City CONNECT account for the first time on or after the effective date of these Terms and Conditions, you may opt out of this Arbitration Agreement. If you do so, neither you nor DoorDash can force the other to arbitrate as a result of this Agreement. To opt out, you must notify VCSN in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your VCSN username (if any), the email address you currently use to access your DoorDash account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: email@example.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.
(i) No Effect on Independent Contractor Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND VCSN RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES AS A CONTRACTOR. FOR THE AVOIDANCE OF DOUBT, IF YOU ARE A CONTRACTOR, OPTING OUT OF THE ARBITRATION AGREEMENT SET FORTH IN SECTION 14 HAS NO EFFECT ON YOUR AGREEMENT TO ARBITRATE DISPUTES COVERED BY YOUR INDEPENDENT CONTRACTOR AGREEMENT WITH DOORDASH.
(j) Survival. This Arbitration Agreement will survive any termination of your relationship with DoorDash.
(k) Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if VCSN makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to VCSN.
(l) Entire Agreement; Severability. This Arbitration Agreement is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable.
15. Third-Party Interactions.
(a) Third-Party Websites, Applications, and Advertisements. The Services may contain links to third-party websites, (“Third-Party Websites”), applications (“Third-Party Applications”), and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click or tap on a link to a Third-Party Website, Third-Party Application, or Third-Party Advertisement, VCSN will not warn you that you have left VCSN's website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of VCSN.
VCSN is not responsible for any Third-Party Websites & Advertisements. VCSN provides links to these Third-Party Websites & Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
(b) App Stores. You acknowledge and agree that the availability of the Technology and the Services is dependent on the third party from which you received the application license, such as the Apple or Android app store (each, an “App Store”). You acknowledge and agree that this Agreement is between you and VCSN and not with the App Store. VCSN, not the App Store, is solely responsible for the Technology and the Services, including the mobile application(s), the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (for example, product liability, legal compliance, or intellectual property infringement). In order to use the Technology and the Services, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Technology or the Services. You agree to comply with, and your license to use the Technology and the Services is conditioned upon your compliance with, all applicable third-party terms or agreements (for example, the App Store’s terms and policies) when using the Technology or the Services. You represent and warrant that you are not located in a country that is subject to a United States Government embargo or similar laws of other countries where applicable, or that has been designated by the United States as a “terrorist supporting” country, and you represent and warrant that you are not listed on any United States Government list of prohibited or restricted parties. You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement.
16. Social Media Guidelines.
VCSN maintains certain social media pages for the benefit of the VCSN community. By posting, commenting, or otherwise interacting with these pages, you agree to abide by our Social Media Community Guidelines.
17. Transactions Involving Tobacco and Other Age-Restricted Products
You may have the option to request delivery or pickup of Tobacco products in some locations and from certain Merchants. You agree that you will only order Tobacco products if you, the intended recipient, and anyone who may consume the Tobacco products are of legal age to purchase and consume alcohol products in the relevant jurisdiction. You also agree that, upon delivery or pickup of Tobacco products, the package of any Tobacco products will provide valid government-issued identification proving the requisite legal age and that the recipient will not be intoxicated when receiving such products. If you order Tobacco products, you understand and acknowledge that the order will only be delivered if the Merchant accepts your order. The person delivering alcohol may be legally obligated to refuse delivery pursuant to applicable federal, state, provincial, or local laws, rules, or regulations, including if the recipient is not of legal age, is visibly intoxicated, or is not physically present to accept the delivery, and will be prompted to refuse delivery if the recipient cannot provide a valid government-issued identification proving requisite legal age, is visibly intoxicated, or is not physically present to accept the delivery. If the delivery of alcohol products cannot be completed for one or more of these reasons, you agree and acknowledge that your purchase is non-refundable and you or the intended recipient may not receive any part of the applicable order, including any non-alcohol items that you may have purchased with your Tobacco products, and you may also be subject to a non-refundable restocking fee. Tobacco is not available in all locations that are served by the VCSN platform. Tobacco may be removed from the platform for specific Users at VCSN's sole discretion.You may also have the option to request delivery or pickup of other age-restricted items from certain Merchants, such as certain over-the-counter medication or other products subject to applicable federal, state, provincial, or local laws, rules, or regulations or Merchant or VCSN policies requiring age verification. You agree that you will only order age-restricted items if you, the intended recipient, or anyone who may consume such products are of legal age to purchase the items. You also agree that, upon delivery or pickup of age-restricted items, the recipient will provide valid government-issued identification proving the requisite legal age for such age-restricted items. The person delivering age-restricted items will refuse delivery pursuant to applicable federal, state, provincial, or local laws, rules, or regulations, including if the recipient cannot provide a valid government-issued identification proving requisite legal age or is not physically present to accept the delivery. If the delivery of age-restricted items cannot be completed for one or more of these reasons, you agree and acknowledge that your purchase is non-refundable and you may not receive any part of your order, including items that are not age-restricted that you may have purchased with your age-restricted items, and you may also be subject to a non-refundable restocking fee.18. IndemnificationTo the extent permitted by law, you agree to indemnify and hold harmless VCSN and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation, legal and/or attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from (a) your User Content; (b) your misuse of the Technology or Services; (c) your breach of this Agreement or any representation, warranty, condition, or covenant in this Agreement; or (d) your violation of any applicable laws, rules, or regulations through or related to the use of the Technology or Services. In the event of any claim, allegation, suit, or proceeding alleging any matter potentially covered by the agreements in this Section 18, you agree to pay for the defense of the Indemnified Party, including reasonable costs and legal and/or attorneys’ fees incurred by the Indemnified Party. DoorDash reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with VCSN in asserting any available defenses. This Section 18 does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Technology or Services. You agree that the provisions of this Section 18 will survive any termination of your account, this Agreement, or your access to the Technology and/or Services.
19. Disclaimer of Warranties.
UNITED STATES FEDERAL LAW AND SOME STATES, PROVINCES, AND OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION 19 MAY NOT APPLY TO YOU. SECTION 19 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TECHNOLOGY AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE TECHNOLOGY AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. VCSN WILL USE REASONABLE ENDEAVORS TO ENSURE THE TECHNOLOGY AND SERVICES ARE AVAILABLE AS MUCH OF THE TIME AS POSSIBLE, BUT DOES NOT GUARANTEE IT WILL BE AVAILABLE ALL OF THE TIME. THE TECHNOLOGY AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT GUARANTEES, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, GUARANTEES, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, AND NON-INFRINGEMENT.
VCSN MAKES NO WARRANTIES, CONDITIONS, OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE TECHNOLOGY OR SERVICES, OR THE SERVICES, TECHNOLOGY, TEXT, GRAPHICS, OR LINKS.
VCSN DOES NOT WARRANT THAT THE TECHNOLOGY OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE TECHNOLOGY OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE TECHNOLOGY OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DOORDASH SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
20. Internet Delays.
The Technology and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as otherwise required by applicable law and subject to the Non-Excludable Provisions, VCSN is not responsible for any delays, delivery failures, damage, loss, injury, or other economic damage resulting from such problems.
21. Breach and Limitation of Liability. This Section 21 applies to the fullest extent permitted by applicable law, and some provisions in this Section 21 may not apply in certain jurisdictions. You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient and to provide the Technology and Services at low cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section 21(a) to keep the Technology and Services simple and efficient, and costs low, for all Users.
(i) Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VCSN'S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO VCSN IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY FULLY TO RESIDENTS OF THE STATE OF NEW JERSEY IN THE UNITED STATES.(
ii) Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOORDASH SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE, AND ECONOMIC ADVANTAGE).
22. Exclusive Venue
(a) If you are a VCSN Consumer, to the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and VCSN agree that all claims and disputes arising out of or relating in any way to the subject matter of the Agreement, to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding VCSN or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with VCSN as a User of our Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be litigated exclusively in the state or federal courts located in Florida if you are a Floridian citizen or resident, and in the United States District Court for the District in which you reside if you are not a Floridian citizen or resident.
If you violate this Agreement, VCSN may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists. In addition, at its sole discretion, VCSN may modify or discontinue the Technology or Services, or may modify, suspend, or terminate your access to the Technology or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Technology or the Services, DoorDash reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal, or injunctive redress. Even after your right to use the Technology or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
24. Procedure for Making Claims of Copyright Infringement.
It is VCSN policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to VCSN by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the specific location on the Services of the material that you claim is infringing, including enough information to allow VCSN to locate the material; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. This notice of a copyright infringement claim should be sent to VCSN's Copyright Agent at the address set forth below, based on the country in which the copyright owner primarily resides or was formed: General Counsel, Excelsior Investment International, Corp., 906 9th St., Hallandale Beach, FL 33009
(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, DoorDash, or any third-party provider as a result of this Agreement or use of the Technology or Services.
(b) Choice of Law. Without giving effect to any principles that provide for the application of the law of any other jurisdiction, this Agreement is governed by the laws of United States, the State of Florida consistent with the Federal Arbitration Act; (
c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect.
(d) Consumer Complaints. You may report complaints to, and in accordance with California Civil Code § 1789.3, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
(e) Accessing and Downloading the Application from the Apple App Store. The following applies to any Technology accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):
(i) You acknowledge and agree that
(A) the Agreement is concluded between you and VCSN only, and not Apple; and
(B) VCSN, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.(ii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.(iii) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App Store Sourced Application to you and to the fullest extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between VCSN and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty or condition will be the sole responsibility of VCSN.(iv) You and VCSN acknowledge that, as between VCSN and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (A) product liability claims; (B) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation.(v) You and VCSN acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between VCSN and Apple, VCSN, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.(vi) You and VCSN acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.(vii) Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.(f) Notice. Where VCSN requires that you provide an email address, you are responsible for providing VCSN with your most current email address. In the event that the last email address you provided to VCSN is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, VCSN dispatch of the email containing such notice will nonetheless constitute effective notice. You agree that all agreements, notices, disclosures, payment or renewal notifications, and other communications that VCSN provides to you electronically (such as through email or posting through the Services, including in your VCSN account) satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You may give notice to VCSN by visiting our CONNECTED Support page and initiating a chat with us. Such notice shall be deemed given on the next business day after such notice is actually received by VCSN.(g) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VCSN without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.(h) Currency. Unless otherwise indicated, all prices and other amounts displayed through the Services are in the currency of the jurisdiction where delivery or pickup occurs.(i) Use Only Where Legally Allowed. You shall not access or use any portion of the Services if you are not legally allowed to do so where you are located.(j) Subcontracting. VCSN may subcontract any of its obligations under this Agreement without your prior written consent. (k) Variation of Our Websites or the Technology. We may from time to time vary, modify, or discontinue, temporarily or permanently, any or all of our websites or the Technology.(l) Entire Agreement. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and VCSN relating to your work as an employee or independent contractor, including, without limitation, any Independent Contractor Agreement governing your efforts as a Contractor.
26. Contact Information. VCSN welcomes your questions or comments regarding this Agreement. Please find our contact information below:
United States: Vice City Shops Network
1065 SW 8th St #1505, Miami FL, 33130
Phone : +1 (786) 833-6969
Disclaimers & Compliance Statements
Aug 20, 2023
While we work to ensure that our Services and products information are correct, on occasion Third-party providers and manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our Website. We recommend that you do not solely rely on the information presented and that you always read labels and, warnings, and directions before using or consuming a service or product. For additional information about a product, please contact the manufacturer.
Federal Food, Drug and Cosmetic Act (FDA) Notices
Content on this sites is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional practitioner. You should not use this information as self-diagnosis or for treating
a health problem or disease. p
Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. EII, CORP assumes no liability for inaccuracies or misstatements about products. The efficacy of all our products has not been confirmed by FDA-approved research.
The Federal Food, Drug and Cosmetic Act requires this notice.
Cleaning Solvents / Nail Polish Remover Disclaimers
Nail Polish Removers and Cleaning Solvents Disclaimers
The Nail Polish Removers contain warnings against inhaling this product and should only be used in accordance to the label. These products are not sold for human consumption in accordance with CPSA, 15 USC 2051-2084, at 2057a, 2057b and 2068. These products are not for sale to minors.
All nitrite-based products are sold as High Performance general purpose cleaners or video head cleaner only. We do not encourage the misuse of these products as poppers. Deliberate misuse of our products is illegal.
Products DO NOT contain amyl nitrite. They contain isobutyl nitrite, alkyl nitrites, isopentyl nitrite, cyclohexyl nitrite or hexyl nitrite. Nitrites are legal products, and not to be confused with nitrates. The misuse of these products while also taking an ED drug containing ingredients such as Sildenafil (Viagra, etc), Tadalafil (Cialis, etc) , or similar can cause a sudden drop in blood with possible fatality. Avoid all bodily contact. DO NOT INHALE NITRITE BASED COMPOUNDS WHILE USING ED MEDS!
Products on Smoke Shop are intended to be used only for Tobacco and Nicotine.
Merchants Sign Up Disclaimers
VCSN reserves the right to modify plan benefits and service levels as needed, including but not limited to instances where maximum allowable fees are applicable in the Merchant's location or due to other applicable regulation. **If Merchant is located in a local or state jurisdiction(s) that sets forth maximum allowable per-order fees for the provision of the services described herein or implement other applicable regulation that may impact such benefits or service, Merchant agrees that Portier may adjust services provided to Merchant to a level based on the maximum allowable per-order fee or applicable regulation in such jurisdiction(s). Such service limitations may include reducing or eliminating "Premium" and/or "Plus" plan benefits or adjusting any plan benefits impacted, such as 1) suspending monthly sponsored listings credits and minimum order fee credits; 2) Increased Delivery Fee (s) charged to Merchants' Customers; 3) Services related to Merchant's discoverability in the Vice City CONNECT App; 4) Vicious Membership benefits may not apply to Customers orders fulfilled by merchants. Other services or benefits may be impacted.
Apr 25, 2023
VCSN has partneded with reliable and secure fulfillment partners such as Vice City CONNECT (self), UberEats, DoorDash, Postmates, GrubHub, Amazon, UPS & USPS. Each partners have their own policies, we accept and respect them. Once you submit an order, you will receive an email or text message with the fulfillment partner and its tracking link. This selected based on your delivery preferences, distance and other variables. The delivery or shipping address you provided cannot be changed, except by tipping mistake modifications.
We have clasiffy our fulfillment method, time of arrival and pricing according to the parameters and services provided by our Delivery Partners, and the deliver address, these are the follwing:
EXPRESS Delivery: $2.50 - $20 30-45 min
USWide Standard: $12 (Flat rate ) 1-3 business days
Same-Day Delivery (Scheduled): $8 - 25
If for USWide Standard orders placed monday to saturday before 2PM, these will be shipped the same day. your order the same day. Otherwise, it will be shipped the next business day. Once the order is shipped the order, VCSN will provide you with the assigned Fulfillment Partner and a tracking ID. Once the order is with currier delivery time will depend on the fulfillment patrner.
Due to state or local legislation, we are unable to ship item from our "Adult Toys & Novelties" to the following states:
Our apologies for any inconvenience that this may cause.
We are not accepting international order at this time.
If the window time for the Shipping/Delivery of your order has been exceeded at our end, we will refund you the fullShipping/Delivery amount; excepted by the unexpected traffic, accident, weather, or any other factor affecting the normal traffic conditions at that time.
According with all our affiliated stores schedules, our delivery periods and hour of operations for support are the following:
Mon - Fri: 4 AM - 6:30 AM / 12 PM - 2:30 AM (Next day)
Sat - Sun: 24 hours
Each store has its own delivery hours and also these might be delivering in "extended hours", these will be announced in the "upades" and "notifications" pages of our site.
Every "EXPRESS Delivery" order placed will be processed inmediately as paid and posted in our POS, received.
You will receive an sms and email from the store confirming and with the details of your of order, including the fulfillment partner and estimated delivery time based on the type of fulfillment you chose at checkout. Which are the following:
To ensure the privacy and discreetion of our customers' orders and due the nature of the content in each orders, every order will be packed in a sealed bag, box, or envelope pad (color may vary), just labeled with the customer name and without any description of its content . If for USWide Standard, the package will also have the shipping label from VCSN.
Return and Refund Policy
Apr 25, 2023
All of products sold on VCSN are new and guaranteed against defects for 7 days from the date of delivery, subject to the following conditions.
Merchandise must be factory sealed to receive a refund.
Opened films cannot be returned unless defective. Defective films will be replaced with the same title only.
Shipping charges are not refundable. We do not pay for postage on returns.
Defective novelty items can only be replaced with another of the same item, no substitutions will be made and no refunds will be issued.
Products from our Adult and Personal Care Categories are non refundable nor returnable.
Non-defective novelties may not be returned for any reason. Except as expressly stated herein, VCSN makes no representations or warranties, either express or implied, of any kind with respect to products sold on the VCSN web sites. Except as expressly stated herein, VCSN expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose.
You agree that the sole and exclusive maximum liability to Excelsior Investment International, Corp. arising from any product sold on the VCSN site shall be the price of the product ordered. In no event shall Excelsior Investment International Corp. , its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to any product sold.
Declaration for Selling Regulated Hemp and Its Derived Products
Jul 4, 2023
We Excelsior International DBA "VSCN" with Vice City CONNECT as Trademark, based in the U.S. may offer hemp and hemp-derived products, including cannabidiol (CBD) and cannabinoids, on our websites, making sales in accordance with U.S., state and federal law. Our products are derived from hemp, as defined in the Agriculture Improvement Act of 2018 (“Farm Bill”). We are also complying with relevant federal and state laws and regulations, as well as our Web Hosting Providers requirements.
We hereby confirm that:
Excelsior International DBA Vice City Shops Network.
Is a business is operated and managed from within a U.S. state or territory that allows for the sale of hemp and hemp-derived products in our products and as defined above.
Our company complies with all applicable federal, state, and local laws, including the requirements of the U.S. Food and Drug Administration (FDA), the U.S. Department of Agriculture, the U.S. Drug Enforcement Administration, and any other applicable authorities.
All the hemp and hemp-derived CBD and cannabinoid products offered and sold through our website:
(a) Do not contain a delta-9 tetrahydrocannabinol (THC) concentration of more than 0.3 percent on a dry weight basis.
(b) Do not contain any controlled substances as defined in Schedule I-V of Title 21 United States Code (USC) §801 et. seq.; Controlled Substances Act.
(c) Only are sold in accordance with all applicable permits, licenses, and approvals required, if any, by federal, state, and local laws.
(d) Not sold as food (including animal food or feed), dietary supplements, or drugs (including prescription or over-the-counter drugs), unless allowed under applicable federal, state, and local laws and approved for such use by the FDA, if required.
(e) Have been tested and processed in accordance with all applicable federal, state and local laws, if required.
(f) Are not currently the subject to any ongoing or pending recall, safety or import alert.
Shipping, Marketing & Labeling:
All of the hemp and hemp derived products offered and sold through my Wix website are:
(a) Not labeled or promoted with drug or disease claims unless reviewed and approved by the FDA.
(b) Described, packaged, and labeled in accordance with all applicable federal, state and local laws.
(c) Marketed in accordance with required label statements, whether by FDA, or any other applicable federal, state and local authority, and contain only true and accurate labeling and marketing claims.
(d) Shipped only within the U.S., to buyers in states where such products are legal and through shipping providers which allow such items.
(e) Use payment providers that allow the sale of hemp and hemp derived products.
(a) We understand that from time-to-time, Wix, at its sole discretion, may require me to provide written confirmation and evidence of my compliance with this declaration and applicable laws. I agree to provide such documents promptly upon request.
(b) We are immediately notifying our Web Hosting Provider of any legal or compliance action taken, threatened, or pending, against us and/or our business, including any complaint, warning letter, enforcement measure, recall, import or safety alert, or other regulatory compliance action related to sale of hemp and hemp derived products, and are immediately taking all necessary action to respond promptly and settle any such claims.
(c) We are aware and agree that our Web Hosting Providers may close our sites, remove products, or disconnect our sites from our payment providers in the event that they, at their sole discretion, suspects that our website is not compliant with applicable laws this declaration, or for any other reason that may otherwise damage them or their business partners.
(d) We acknowledge and agree that any information provided on our website with respect to hemp and hemp derived products is provided for informational purposes only and does not constitute legal advice. We further confirm that we will consult with a knowledgeable attorney to answer any questions we may have regarding the sale of hemp and hemp derived products.
(e) We understand that it is our obligation to understand and comply with federal, state, and local laws governing the sale of our products.