VIP Plate and Nutrition Terms & Conditions
Last updated: February 2, 2023
IMPORTANT NOTICE: THESE TERMS & CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTIONS BELOW. BY ACCEPTING THESE TERMS & CONDITIONS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.
GENERAL
Welcome to the website (“Site”) of VIP Plate (“we”, “us”, “our” or “VIP Plate”). Please review the following terms (the “Terms”) that govern your use of our Site, applications, products, and services. Please note that your use of our Site constitutes your agreement to follow and be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to these Terms, you may not access or use the Site and you may not order, receive, or use the meals, products, content or services made available through the Site (collectively, the “Products”).
We reserve the right to change or modify these Terms at any time and in our sole discretion. Such changes or modifications will be posted as a modified agreement on the Site with an updated “Last updated” date. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Site or via email. Your use of our Site and the Products following any such change constitutes your agreement to follow and be bound by the Terms as changed. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Site or order, receive or use the Products.
We reserve the right to refuse service to anyone for any reason at any time. By agreeing to these Terms, you represent that you are over 16 years old and at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You warrant and represent that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.
PRIVACY POLICY
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. By using the Site or our Products, you acknowledge that you have read and agree to the Privacy Policy.
NUTRITION AND ALLERGY DISCLAIMER AND LIABILITY WAIVER
We want you to be your healthiest, but we’re not doctors. You should always consult your doctor before making any changes to your health regime–including starting on a VIP Plate meal program or using VIP Plate products.
By using VIP Plate products, you acknowledge that you are doing so at your own risk, and have consulted with your doctor or other health professional about your diet change.
We do not claim our meal program or Products will alleviate, heal or cure any health condition or symptom. The content of this Site and any Product VIP Plate offers are not meant to diagnose, treat, prevent or cure any medical condition, and should not be used as a substitute for consulting a doctor or other health professional. Any information that you find on this Site or on websites we link to, receive from our employees, suppliers, or agents by phone, email or other communication channel, or obtain through contacts you make through VIP Plate should be verified with your doctor. Consult your doctor with any specific health questions or problems you may have. If you think you have a medical emergency or any condition requiring immediate attention, call your doctor or 911 immediately. The statements made by VIP Plate on this Site and our programs and Products have not been evaluated by the Food and Drug Administration.
Our program is not intended for people with severe allergies. Our kitchen facilities process and regularly use nuts. We do our best to accommodate allergies, but do not provide a product intended for people with medically-necessitated diets or severe allergies.
PRICING AND AVAILABILITY
All prices are shown in U.S dollars, and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide our existing subscribers with advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of your subscription meals or products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in the “Cancellation of Subscription” section of these Terms.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products, to limit the sales of our Products to any person, geographic region or jurisdiction and to substitute Products (including, but not limited to, specific ingredients in a meal or entire meals) without prior notice.
We strive to provide you with high-quality Products, and due to the perishable nature of certain ingredients and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at concierge@vipplate.com. Note that gifts with purchase during special programs are available on a first-come, first-serve basis and subject to availability.
Most VIP Plate Products and services displayed at the Site are available only via online request in the United States while supplies last. VIP Plate does not ship internationally. In the case of international deliveries via third-party services, VIP Plate shall not be responsible or be held liable for delivery or use of the products once VIP Plate has delivered to the specified U.S. destination.
All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right at any time to modify or discontinue our Products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our Products. Any offer for any Product or service made on this Site is void where prohibited.
PAYMENTS, BILLING AND PROMOTIONS
Payment is due upon purchasing your VIP Plate Product or program. By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If a payment is not successfully settled and you do not edit your payment method information or cancel your Subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Subscription, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). By signing up for a meal program subscription, you acknowledge and authorize VIP Plate to collect, save, and charge your provided payment method for future transactions on your account regarding your subscription.
SHIPPING, HANDLING, AND DELIVERY
You agree to pay any shipping, handling, and delivery charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate these charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping and delivery are handled by a third-party courier. When you purchase a meal delivery program or product from VIP Plate, shipping and delivery times shown on the Site are estimates only. Actual delivery dates and times may vary. You agree that you will not obtain, or direct shipment of, a product for export.
DELIVERY LOGISTICS
Current Delivery Area
We currently deliver to FL including Naples, Boca Raton, Miamia and Chicago IL.
We ask that you leave detailed delivery instructions when checking out for your meal program. For example:
– Where should we leave your VIP Plate box? (the more descriptive the better)
– Is yours a residence or commercial building?
– Should we leave the box at your doorstep or with a doorman?
– Would you like the delivery team to call you on arrival?
Delivery Schedule
We will notify you via email or text should there be a change in delivery schedule, including due to holidays.
DELIVERY DISCLAIMER
VIP Plate is not responsible for failed deliveries due to incorrect or incomplete addresses.
All VIP Plate meals are delivered fully cooked and should be kept refrigerated until consumed and freshness cannot be guaranteed past the 4th day from receipt. It is up to the client to maintain freshness once received. It’s important to put your VIP Plate meals and perishable items in the refrigerator when you receive them. By purchasing the VIP Plate organic meal delivery program, you agree to properly and promptly refrigerate all meals until you plan to eat them. Since all of our food is fresh (and preservative-free, chemical-free, etc.), it will go bad if not properly stored and refridgerated. VIP Plate is not responsible for any food that has not been properly and promptly refrigerated after delivery.
In certain areas, you may be able to provide additional delivery instructions when setting up your account or placing your Order, such as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. We will do our best to deliver your meals to you in accordance with your specifications. However, if you are not home to receive the delivery, our team will leave your box according to your delivery instructions or in the safest available spot. VIP Plate is not responsible for replacing programs once delivered, in the event that you are not home and the delivery is taken.
Once the delivery has been made, we are no longer responsible for any damage to the delivery or for the security of its contents. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. If you think the contents are not suitable for consumption or have been tampered with, please let us know as soon as possible so we can find a more suitable arrangement for the next delivery.
VIP Plate is not responsible for damage or loss of personal property during deliveries if evidence of misconduct by VIP Plate or its delivery personnel cannot be provided.
MEAL PROGRAM AND DELIVERY MODIFICATIONS
If you are traveling, you can reschedule your deliveries by emailing us at concierge@vipplate.com for help. Because all meal programs are made to order, we require that you let us know by Wednesday at midnight EST of any changes to be made for programs beginning the following week, including but not limited to paused delivery, delivery address changes, allergy changes, and delivery window changes.
WEATHER & TRAFFIC ALLOWANCES
Our delivery partners do their best to get your food to you on time so you may enjoy it at its freshest. Still, they run into delays due to weather, traffic, and other factors that are outside of their control. We cannot guarantee delivery within your selected time slot.
In instances of inclement weather, we reserve the right to cancel our deliveries in order to avoid putting our delivery teams at risk. In such a case, we will notify you as early as possible and your meal program will be automatically extended by the number of days cancelled. If this does not suit your schedule, please let us know and we will do our best to find a better arrangement.
As both traffic and weather are outside of VIP Plate’s control, cash refunds will not be issued for affected Orders.
RETURNS, REPLACEMENTS, REFUNDS, AND CREDITS
Since our products are handcrafted and made-to-order with fresh ingredients, we cannot accept returns. All sales are final. If a product arrives damaged or you have concerns, please contact us at concierge@vipplate.com. We do our best to ensure a flawless experience, and depending on the circumstances, we may, in our sole discretion, replace the meal or products, provide you with a full or partial refund for the purchase price of that meal or products, or provide you with a credit for that meal or product that will be automatically applied to future deliveries under your meal program subscription. If issued, a refund may take 3-5 business days to show up, depending on which bank you use. If you are provided with a credit for a future program, we may implement the credit in a variety of ways at our discretion, including extending the program for you ourselves, providing you with a discount code to use on a future Order, or applying a credit to your account, which will be automatically deducted from your next payment.
Refunds will not be issued for delays that are the result of factors outside VIP Plate’s control, including but not limited to weather, traffic, and unexpected events as they relate to our delivery partners. If for any reason we have to cancel your delivery, you will be notified by email, and the number of meals canceled will be automatically added to the end of your program. If this does not suit your schedule, please let us know and we will do our best to find a better arrangement.
DISCLAIMER OF WARRANTIES
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME OR CANCEL OUR SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THIS SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO CASE SHALL VIP Plate, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR PRODUCTS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT VIP Plate IS LIABLE TO YOU EXCEED THE GREATER OF (I) $100.00 OR (II) THE AMOUNTS PAID BY YOU TO VIP Plate IN CONNECTION WITH OUR PRODUCTS AND SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT ON WHICH YOUR CLAIM IS BASED. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF VIP Plate FOR (1) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY VIP Plate’S GROSS NEGLIGENCE OR FOR (2) ANY INJURY CAUSED BY VIP Plate’S FRAUD OR FRAUDULENT MISREPRESENTATION.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VIP Plate AND YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE A RESIDENT OF NEW JERSEY, THIS SECTION DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT’S “ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS.” SIMILARLY, THIS SECTION DOES NOT LIMIT VIP Plate’S TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM VIP Plate’S OWN INTENTIONAL OR RECKLESS CONDUCT.
INDEMNIFICATION
To the fullest extent allowed by applicable law, you agree to indemnify, defend and hold harmless VIP Plate and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
VIP Plate 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 VIP Plate in asserting any available defenses. This provision does not require you to indemnify VIP Plate for any unconscionable commercial practice by VIP Plate or for VIP Plate’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, these Terms or your access to or use of the Site or Products.
Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold VIP Plate and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
SITE CONTENTS
Unless otherwise noted, all materials, including text, graphics, logos, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are protected by copyrights, trademarks, trade dress and/or other intellectual property rights owned or controlled by VIP Plate its subsidiaries and/or affiliates, its licensors or other content providers. The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to are owned by VIP Plate. VIP Plate may prosecute infringement to the fullest extent permitted under applicable law.
Your access to and use of the Site does not grant you any license or right to use any trademark, logo, or service mark displayed on the Site. VIP Plate, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Site, including all associated intellectual property rights. VIP Plate neither warrants nor represents that your use of materials on the Site will not infringe rights of third parties.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. Downloading or copying the Site (including the Content) for other than personal use is expressly prohibited without the prior written permission of VIP Plate or any other copyright owner. You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any of the Site (which includes the Content), nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our names or trademarks, without the express written consent of VIP Plate. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
All software used on the Site is the property of VIP Plate or our licensors and protected by United States and international copyright laws. Subject to these Terms, VIP Plate hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to use the Site for your personal, noncommercial use only. This license does not include: (i) any resale or commercial use of the Site; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Site; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Site, in whole or in part.
Without VIP Plate’s prior permission, you agree not to display or use in any manner the VIP Plate marks.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. VIP Plate is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain, in the sole opinion of VIP Plate or its representatives, libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that VIP Plate may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.
VIP PLATE COMMUNICATIONS TO YOU
You agree that VIP Plate may send electronic mail to you for the purpose of advising you of changes or additions to this Site, or communicating with you about any VIP Plate Product, or for such other purpose(s) as VIP Plate deems appropriate. You have the option to opt-out of marketing communications.
VIP Plate may communicate with you using email or autodialed or prerecorded calls and text messages, at any telephone number that you provide us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.
LINKS TO OTHER WEBSITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which VIP Plate does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. VIP Plate is not responsible and shall not be held liable for the use of any such outside service or resource.
INACCURACY DISCLAIMER
From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your Order).
VIP Plate does not warrant that information made available on this Site is accurate, complete, reliable, error-free or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
TERMINATION
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site and Products, or when you cease using our Site and Products. We are also free to terminate (or suspend access to) your use of the Site or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Even after your right to use the Site is terminated, these Terms will remain enforceable against you and unpaid amounts you owe to VIP Plate for items purchased will remain due.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding arbitration and class action waiver.
NO THIRD-PARTY BENEFICIARIES
These Terms are not enforceable by or for the benefit of any third party.
MISCELLANEOUS
Electronic Communications. You agree to receive communications from VIP Plate electronically, such as emails, texts, or notices and messages on the Site, and to retain copies of these communications for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that VIP Plate provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.”
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without VIP Plate’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Force Majeure. VIP Plate shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Choice of Law. These Terms and any dispute of any sort that might arise between you and VIP Plate will be interpreted in accordance with the law of the State of Naples, Florida and the United States of America, consistent with the Federal Arbitration Act, without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction.
Exclusive Venue. Any claim or dispute that between you and VIP Plate that arises out of or is related to the Site or the Products and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in Naples, Florida, and you hereby consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Naples, Florida.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Site or the Products must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
Notice. Where VIP Plate requires that you provide an email address, you are responsible for providing VIP Plate with your most current email address. In the event that the last email address you provided to VIP Plate is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, VIP Plate’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to VIP Plate at the following address: VIP Plate, Naples, Florida. Such notice shall be deemed given when received by VIP Plate by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
Export Control. You may not use, export, import, or transfer the Site or the Products except as authorized by U.S. law, the laws of the jurisdiction in which you used the Site or purchased any Products on the Site, and any other applicable laws. In particular, but without limitation, the Site, including any Products purchased on the Site, may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site or purchasing or using Products on the Site, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site or the Products purchased on the Site for any purpose prohibited by U.S. law.
Entire Agreement. These Terms and any policies or operating rules posted by us through the Site constitute the entire agreement and understanding between you and us and govern your use of the Site and the Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.
Waiver. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Severability. Subject to the section titled “Arbitration,” in the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Interpretation. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section Titles. The headings used in the Terms are included for convenience only and will not limit or otherwise affect these Terms.
Copyright
All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 2020 VIP Plate, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement, and assembly) of all Program content is the exclusive property of VIP Plate and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of VIP Plate or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials – including reproduction, modification, distribution, republishing, transmission, display, or performance – without the prior written permission of VIP Plate is strictly prohibited.
CONTACT INFORMATION
If you have any questions or concerns with respect to these Terms, the Products or the Program, or to report any violations of these Terms, please contact us at: concierge@vipplate.com.
© 2023 VIP Plate