Terms & Conditions

This website (this "Site") is operated by Virtuous Vices, LLC ("Virtuous Vices", "VV", "we","our", "us") in conjunction with others pursuant to contractual arrangements. By using, accessing, or purchasing from this website ("Site", "Website"), you acknowledge that you have read, understood, and agree to the following Terms and Conditions ("Terms" or "Agreement"). If at any time you do not agree to these Terms, please do not use this Site.

YOUR RIGHT TO ACCESS THE CONTENT ON THIS WEBSITE AND TO USE THE SERVICES PROVIDED VIA THIS WEBSITE ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. ANY BREACH OF THE TERMS AND CONDITIONS SET FORTH BELOW IMMEDIATELY TERMINATES SUCH RIGHTS.

Please note that we reserve the right at any time to change the terms and conditions set forth below. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting notice of such changes on this website. Your continued use of this website after such notice is evidence of your acceptance of all such changes.

We also reserve the right to limit the availability of this website and/or the provision of any content, service, or product described herein to any person, geographic area or jurisdiction, at any time and in our sole and absolute discretion, and to limit the quantities of any content, service, or product(s) that we may provide.

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your activity on this Site.

Registration and Services

To use some of the services or features made available to you on this Site, you will need to register. We may change registration requirements from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. You must be at least 21 years of age to use the Website and the Platform, and to receive the services provided. Your registration may be terminated without warning if we believe that you are under 21 years of age. Should any of your registration information change, please notify us immediately at the following email address support@vices.com.

If you register, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another person at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason.

The Membership provides multiple services, including information about third-parties, as well as a subscription-based membership. The Membership includes delivery of curated boxes on a monthly basis, or some other basis to be defined by VV. Some deliveries of the Membership include alcohol. All alcohol is provided by licensed retail liquor stores.

Registered users acknowledge that the goods and services provided in the Membership are intended to be a surprise to the recipient. VIRTUOUS VICES is under no obligation to make substitutions, refunds or exchanges for any goods or services provided in the Membership. All goods and services are provided on an "as is" "where is" basis, unless otherwise indicated by VV, and all offers for purchase are subject to VV’s terms and conditions of sale and the continued availability of the good or service offered. VIRTUOUS VICES does not accept returns. From time to time as part of the Membership, VIRTUOUS VICES may include or provide access to third party goods or services at an additional cost or requiring additional action on the part of the subscriber. All such third party goods or services are provided on an “as is” "where is" basis, unless otherwise indicated by VIRTUOUS VICES or the third party, and all offers for purchase of said third party goods or services are subject to the third party’s terms and conditions of sale and the continued availability of the good or service offered. No offer for purchase shall be deemed accepted unless and until the third party seller accepts such offer in writing. Once the seller accepts a registered user's offer, the registered user is obligated to purchase the good or service at the price listed and pursuant to the seller's terms and conditions of sale. The seller's conditions of sale may provide for a specific form of purchase agreement to be executed by the seller and the registered user after the offer is accepted. VIRTUOUS VICES makes no representations or warranties as to the quality or nature of such third party goods.

VIRTUOUS VICES is under no obligation to accept any individual as a subscriber to the Membership, and VIRTUOUS VICES may accept or reject anyone in our sole and absolute discretion.

VIRTUOUS VICES is not available in every location. Please check the website to determine if the Membership is available in your area. 

Content

The content provided on this website, including any software, HTML code, data, text, graphics, images, audio and video clips, logos, icons and links (collectively, the "Content") and any and all intellectual property rights therein are and shall remain at all times the property of VIRTUOUS VICES or its licensors or suppliers. You may download and use the Content for your personal, non-commercial use. You may not resell or commercially exploit the Content, nor may you download or copy Content for the benefit of a third party or use this Site or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. Any use of data mining, robots, or similar data gathering and extraction tools is expressly prohibited. You may not frame or utilize framing techniques to enclose any Content without the express written consent of VIRTUOUS VICES or its licensors. Any unauthorized use of Content immediately terminates your right to access the Content of this website. 

Although VIRTUOUS VICES strives to provide Content that is accurate, the nature of the data and other information contained on this Site is subject to frequent change. Accordingly, although VIRTUOUS VICES endeavors to use reasonable care in assembling the Content, the Content may not be up-to- date, accurate or complete. In addition, VIRTUOUS VICES cannot guarantee that technical difficulties will not occur during the uploading of the Content to your computer or that the Content will upload successfully to your computer.

Descriptions or images of, or references to, products, services, persons or entities on this Site do not imply VV's endorsement of such products, services, persons or entities. In addition, portions of the Content have been contributed to this website by various third parties. The inclusion of such content does not indicate any approval or endorsement thereof by VV. VIRTUOUS VICES reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice.

You agree that VIRTUOUS VICES has the right, but not the obligation, to monitor, moderate, edit, disclose, refuse to post, or remove at any time, for any reason in its sole and absolute discretion, any material and content anywhere on the website, including but not limited to bulletin boards, e-mail, user-generated content, and other forums. Notwithstanding this right, VIRTUOUS VICES does not and cannot review all materials posted to the website by users and VIRTUOUS VICES assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this website. If notified, VIRTUOUS VICES may investigate an allegation that content transmitted to this website is in violation of the Terms and Conditions and determine whether to have the communication removed from this website.

However, VIRTUOUS VICES is under no obligation to remove content transmitted by third parties from this Site and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. No other use of the Content is permitted without prior written consent from VV.

The trademarks, service marks, and logos of Virtuous Vices (the "Trademarks") used and displayed on the website and as part of the Membership are registered and unregistered trademarks or service marks of VV. Other company, product, and service names located on the website or as part of the Membership may be trademarks or service marks owned by others, including partners and advertisers. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Trademarks inures to our benefit.

You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby irrevocably grant us and our sublicensees and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sublicensable (through multiple tiers) license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) any and all of your User Content that you have not designated as "private," your username, the picture associated with your username, and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, username, and associated picture permitted by the foregoing rights and licenses may include the display of such User Content, username, and associated picture adjacent to advertising and other material or content, including for profit. If you submit User Content to us, each such submission constitutes a representation and warranty to VIRTUOUS VICES that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under this Section, and that it and its use by VIRTUOUS VICES and its content partners as permitted bythis Agreement does not and will not infringe or misappropriate the intellectual property, privacy, publicity, or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our community guidelines. 

Payment & Billing

By subscribing to the Membership, you authorize VIRTUOUS VICES to charge you on a recurring basis for the subscription term depending on your chosen subscription package. You agree that VIRTUOUS VICES may immediately authorize your credit card (or other approved facility) for payment for any charges incurred under your account.

We reserve the right to change the pricing for our subscriptions in any manner and at any time as we may determine in our sole and absolute discretion. 

You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of this Agreement. You are also responsible for any fees or charges your issuing bank or credit card provider may charge you. If your payment to us is returned for any reason, we may bill your account again directly and seek payment by another method including a mailed statement.

Your subscription to the Membership will automatically renew at the end of your term until you cancel it. You can skip a delivery of the Membership at any time. Please be aware, however, that you must notify us prior to the first day of any month to delay that month’s shipment. 

Your total price will include the price of the Membership plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states and other territories where the goods sold over the internet are taxable. 

If you have a question about any VIRTUOUS VICES charge on your credit card statement, please follow the instructions found on the website to contact customer service. 

Subscription and Cancellation

BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS, AT THE THEN-CURRENT SUBSCRIPTION RATE. TO CANCEL YOUR SUBSCRIPTION AT ANY TIME, YOU MUST DO ONE OF THE FOLLOWING AT LEAST 48 HOURS PRIOR TO YOUR NEXT SCHEDULED RENEWAL DATE TO AVOID CHARGE: UPDATE YOUR USER ACCOUNT AT MEMBERS.VICES.COM, EMAIL SUPPORT AT SUPPORT@VICES.COM, OR MAIL US AT VIRTUOUS VICES,LLC, 750 SEVENTH AVE, 28 th FLOOR, NEW YORK, NY 10019. ALL SUBSCRIPTIONS WILL AUTOMATICALLY HAVE THEIR RENEWAL DATE MOVED TO THE 25TH OF THE FOLLOWING SUBSCRIPTION PERIOD. ALL SUBSCRIPTIONS WILL BE ELIGIBLE FOR SHIPMENT IN THE NEXT CALENDAR MONTH. IF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM. VIRTUOUS VICES MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU.

IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. PREPAID SUBSCRIPTIONS WILL BE REFUNDED A PRORATED PORTION BASED ON VIRTUOUS VICES’ SOLE AND ABSOLUTE DISCRETION. WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME. RETURNS WITH THE REQUEST OF A REFUND WILL BE REFUNDED THE PAID FOR SUBSCRIPTION COST MINUS THE SHIPPING AND IS AT THE DISCRETION OF CUSTOMER SUPPORT. MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.

Discount Codes

Except as may be explicitly permitted through this site, you agree not to sell, license, rent, lease, modify, distribute, copy, reproduce, publicly display, publish, transfer, edit, catalogue, aggregate, or create derivative works from discount codes received on or from this site. 

Risk of Loss

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support. 

Trademarks

All trademarks, service marks, and trade names of VIRTUOUS VICES and Vices on the Site are trademarks or registered trademarks of VIRTUOUS VICES or of their respective owners. 

Where To Send Notices Of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content hosted by VIRTUOUS VICES infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In order to comply with the DMCA, the notice should include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow VIRTUOUS VICES to locate the material on this website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices with respect to this website should be sent to: 

Virtuous Vices, LLC
750 Seventh Avenue, 28th Floor
New York, NY 10019
Email: support@vices.com

Please be aware that there can be penalties for false claims under the DMCA. 

Links To Third-Party Sites

We may include hyperlinks on this Site to other websites or resources operated by parties other than VV, including advertisers. VIRTUOUS VICES has not reviewed all of the sites linked to its Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. 

Disclaimers

YOU, AND NOT VIRTUOUS VICES, ARE SOLELY RESPONSIBLE FOR THE PREPARATION, STORAGE, REDEMPTION, AND USE OF THE GOODS AND SERVICES INCLUDED IN EACH PACKAGE. 

THIS WEBSITE, THE CONTENT, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THIS WEBSITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PLATFORM, THE SERVICES, THE GOODS AND SERVICES, THE CONTENT, THE TRADEMARKS, AND ALL OF THE PRODUCTS ON THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (III) YOU AGREE THAT YOU USE THE PLATFORM AND THE SERVICES AT YOUR OWN RISK. 

IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR PURCHASE OF THE MEMBERSHIP OR YOUR USE OR INABILITY TO USE THE PLATFORM OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN ALL CASES, OUR MAXIMUM LIABILITY TO YOU (AND ANYONE CLAIMING RIGHTS THROUGH YOU) SHALL BE CAPPED AT THE MONIES PAID BY YOU TO VIRTUOUS VICES IN THE SUBSCRIPTION PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. 

VIRTUOUS VICES HAS MADE EVERY EFFORT TO DISPLAY THE GOODS AND SERVICES, PACKAGES, COLORS, AND OTHER THINGS YOU SEE ON THE PLATFORM AS ACCURATELY AS POSSIBLE. HOWEVER, THE FINAL GOODS AND SERVICES DELIVERED MAY VARY FROM THE IMAGES VIEWED ON THE PLATFORM DUE TO A NUMBER OF FACTORS THAT ARE NOT WITHIN OUR CONTROL, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCT AND RAW MATERIALS. ALTHOUGH WE WILL EXERCISE COMMERCIALLY REASONABLE EFFORTS TO HELP ENSURE THAT THE GOODS AND SERVICES CONFORM TO YOUR EXPECTATIONS, VARIATIONS SOMETIMES OCCUR. ALL GOODS AND SERVICES PRICING, SPECIFICATIONS, AND OFFERINGS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE PLATFORM MAY CONTAIN INFORMATION ON GOODS AND SERVICES AND EVENTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A GOOD, SERVICE, OR EVENT ON THE PLATFORM DOES NOT IMPLY THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION. THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS. 

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF VIRTUOUS VICES OR ITS AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THIS WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VIRTUOUS VICES SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF VV, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED TO OR FROM, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. VIRTUOUS VICES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY HYPERLINKED SITE, AND VIRTUOUS VICES WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THIS WEBSITE AND ANY CONTENT PROVIDED ON THIS WEBSITE ARE ENTIRELY AT YOUR OWN RISK. 

Limitation Of Liability

NEITHER VIRTUOUS VICES NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE AND/OR MATERIALS CONTAINED ON THIS WEBSITE, THE MEMBERSHIP, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THIS WEBSITE, MEMBERSHIP, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO VIRTUOUS VICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THIS WEBSITE OR TO SUBSCRIBE TO THE MEMBERSHIP. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

VIRTUOUS VICES HAS NO LIABILITY FOR INJURY OR DAMAGE CAUSED BY GOODS OR SERVICES PROVIDED IN THE MEMBERSHIP. SUCH LIABILITY IS THE SOLE RESPONSIBILITY OF THE BRAND OR MANUFACTURER OF THE GOODS OR SERVICES. 

Indemnification

You agree fully to defend, indemnify and hold harmless VIRTUOUS VICES immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these terms and conditions by you or any other liabilities arising out of your use of this Site, including the Membership, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. 

Our Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and VIRTUOUS VICES as a result of these terms and conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of VV, and we shall not be liable for any representation, act, or omission on your part. 

We reserve the right, in our sole and absolute discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform or the Services and all or any part of these terms and conditions at any time without prior notice or liability. 

Entire Agreement

These terms and conditions (as amended from time to time) constitutes the entire agreement between you and VIRTUOUS VICES regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and VIRTUOUS VICES in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of these terms and conditions, these terms and conditions shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these terms and conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these terms and conditions. 

If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. 

No Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. 

Governing Law

These terms and conditions together with all our policies and procedures are governed by and construed in accordance with the laws of the State of New York applicable to contracts entered into and to be fully performed in that State, without giving effect to conflicts of laws principles and you irrevocably submit to the exclusive jurisdiction of the courts of the State of New York.