Last Updated: January 3, 2024

Welcome to VIP & ME!

VIP & ME LLC and its subsidiaries and affiliates ("VIP & ME", "we", "us" or "our"), provide in home dining experiences and related services to you when you use our website (including mobile websites) and our mobile applications, or use our software in connection with any of the foregoing, in each case subject to your compliance with these Terms of Use. Our websites and applications includes VIPandMe.com and the VIP & ME mobile application, as well as our other U.S. websites and mobile applications (collectively, the "Sites").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES. These Terms of Use constitute an agreement between VIP & ME and you. We recommend that you print out a copy of these Terms of Use for your records.

By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites.

Please note that these Terms of Use contain provisions that govern the resolution of claims between VIP & ME and you, including an arbitration agreement, class action waiver, and jury trial waiver that affect your rights. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. Please see the Legal Disputes section for complete details and review carefully.

Privacy & Security

Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

Information security is important to VIP & ME. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. VIP & ME does, however, reserve the right at all times to disclose any information as VIP & ME deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Please click here for more information.

You are responsible for all activities that occur under your account on the Sites, and for establishing security procedures for maintaining the security and confidentiality of passwords associated with your account. You may not share your account or password with anyone, and you agree to (1) notify VIP & ME immediately of any unauthorized access to or use of your password or any other breach of security; and (2) exit from your account at the end of each session on the Sites. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself.

Changes

VIP & ME reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Sites. Changes, however, shall not apply retroactively to claims for which you or VIP & ME have given notice. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms of Use.

We will notify you of any change to these Terms of Use by any reasonable means, such as by updating the "Last Updated" date at the top of these Terms of Use.

Intellectual Property Rights

The Sites contain valuable trademarks and service marks owned and used by VIP & ME, including but not limited to, VIP & ME, the VIP & ME design logo, VIP and Me Experience, and the any tag line, including, but not limited to “Have a VIP Experience at Home" (collectively, the "VIP & ME Marks"). Any use of the VIP & ME Marks without the prior written permission of VIP & ME is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the VIP & ME Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of VIP & ME.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.

VIP & ME uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.

For claims of copyright infringement, please see our Copyright Policy.

User-Generated Content

From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and other users ("User Content").

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.

By submitting User Content, you represent and warrant to VIP & ME that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize VIP & ME to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate VIP & ME's Acceptable Use Policy set forth below.

As between you and VIP & ME, you will retain all of your ownership rights in and to your User Content. By submitting User Content to VIP & ME, you hereby grant to VIP & ME a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sub licensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that VIP & ME (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use.

VIP & ME does not endorse any User Content or any opinion, recommendation, or advice expressed therein. VIP & ME reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. VIP & ME has the right to refuse, remove, edit or delete any User Content and/or to terminate any user's access to the Sites for any reason. VIP & ME takes no responsibility for User Content.

Social Media Tag Usage

BY USING #VIPANDME #VIPME @VIPANDMEEXPERIENCE AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE VIP & ME WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.

Acceptable Use Policy

By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant VIP & ME all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including VIP & ME; (iv) impersonate any person or entity, including but not limited to, a representative of VIP & ME, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. VIP & ME reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Product Orders

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. VIP & ME reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Your email order confirmation and invoice will identify the seller of record for your order. For example, certain orders for shipment to destinations within the State of Illinois are sold by VIP & ME Illinois LLC, as indicated by your email order confirmation and invoice. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and VIP & ME reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Sites and the VIP & ME Rewards Program described below. VIP & ME reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at VIP & ME's sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

Privacy Policy

Last updated 1/3/2024
We care about our customers and know that your privacy is important to you. This Privacy Policy is our way of explaining how we collect personal information, why we need it, and how we use it.

Scope of this Policy

This Privacy Policy applies to your use of our websites (the "Sites") and our mobile applications (the "Apps" together with the Sites, the "Services") operated by VIP & ME LLC, including our brands ("VIP & ME", "we," or "us").

This Privacy Policy also applies to the personal information you provide to us through other interactions and correspondence. This could be, for example, when you share your information with our service representatives (e.g. a customer service agent, design professional, or an installation or assembly pro), or send us a letter, email, or chat.

Personal Information We Collect

Information you provide to us:

Your contact details and account data if you establish an online account with us (such as your name, email address, mailing address, phone number, and password).
Additional profile information you may choose to provide (such as date of birth, gender, location, and preferred language).
Your payment information if you make a purchase via the Services. We use third-party payment processors, including, but not limited to, Stripe, Affirm, and Klarna, to process your payments. These third parties will collect the information necessary to effectuate your transaction with us, such as credit/debit card number, security/CVV code, and expiration date. Our payment processors may handle your payment information in accordance with their own privacy policies. VIP & ME does not have access to your full payment information.
Tax-related information, such as your Social Security number or your entity identification number or your VAT registration number (or similar), if you (i) participate in our product review program or (ii) are a B2B customer. We will use this information to prepare your Form 1099 and other tax-related documentation related to the product review program, verify your business if you are a B2B customer, and to provide B2B customers with tax-compliant invoices.
Your financing information if you apply for financing solutions, such as our co-branded credit card or installment payment offering. As part of your application, we may collect information such as Social Security number, date of birth, and income. Our financing solutions are offered by third-party providers, such as Citibank. Your personal information will be used by these financing providers in accordance with their own privacy policies.
Your communications and contact history with us (such as emails, text messages, service call recordings, chat and instant messages, or communications with our social media channels).
Other information you choose to provide (such as product reviews, forum posts, survey responses, participation in promotions, and other user-generated content, including, but not limited to, images you upload).

Where applicable, we may indicate whether and why you must provide us with your personal information, as well as the consequences of failing to do so. For example, it may be necessary for you to disclose certain personal information in order for us to provide the Services to you.

Subject to our Cookie Policy, we may automatically collect Information from your use of the Services:

Purchase history and saved items (such as what you bought, what you've placed in or removed from your cart, or what items you've saved).
Log data and device information (such as details about how you've used the Services, IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, location data, and page/product views or clicks).
Geo-location information (such as IP address, browser information, or mobile GPS information).

We use cookies and similar technologies (such as web beacons and local storage technologies) to collect such data. Please see our Cookie Policy for more information.

Information we may collect from third parties, including third party services (for example if you link, connect, or login to the Services with your Google, Facebook, Instagram, or Twitter accounts) or other sources (such as your contacts who want to invite you to use the Services or brands we partner with):

Contact details (such as your name, email address, mailing address, and phone number).
Social media handles (such as your Twitter or Instagram handle).

How We Use Personal Information

We use personal information for the following purposes or as otherwise described at the time of collection:

Providing and supporting our Services. We use personal information to operate, maintain, and provide you with our Services. In particular, we will use personal information to perform our contractual obligation under our terms of use, such as to allow you to create an account and make purchases via the Services, facilitate financing solutions, and for us to take payment, deliver your purchases, and process returns.

Communicate with you about our Services. It is in our legitimate business interests to use personal information to respond to your requests, provide customer support, and communicate with you about our Services, including by sending announcements, updates, security alerts, and support and administrative messages, and to administer surveys, sweepstakes, and contests.

Improve, monitor, personalize, and protect our Services. It is in our legitimate business interests to improve and keep our Services safe for our users, which includes:

Understanding your needs and interests, and personalizing your experience with the Services and our communications.
Troubleshooting, testing, and research, and keeping the Services secure.
Investigating and protecting against fraudulent, harmful, unauthorized, or illegal activity.

Research and development. We may use personal information for research and development purposes in our legitimate business interests, including to analyze and improve the Services and our business, and to train our staff. As part of these activities, we may create or use aggregated, de-identified or other anonymized data from personal information we collect. We make personal information into anonymized data by removing information that makes the data personally identifiable to you. We may use this anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.

Marketing and advertising. We, our service providers, and our third-party advertising partners may collect and use personal information for the following marketing and advertising purposes:

Direct marketing. We may send you direct marketing communications, by email or otherwise, as permitted by law.
Interest-based advertising. We engage our advertising partners, including third party advertising companies (such as Google) and social media companies, to display ads around the web. These companies may use cookies and similar technologies to collect information (including, subject to our Cookie Policy, the automatically-collected data described above) about your interactions over time across our Services, our communications, and other online services, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. For more information, please visit our Cookie Policy.

Except where consent is required, we undertake such marketing and advertising on the basis of our legitimate business interests. Where we seek your consent, you may withdraw your consent at any time.

Compliance and protection. We may use personal information in our legitimate business interests to enforce and comply with our terms and policies, and to defend us against legal claims or disputes including:

Protecting our, your or others’ rights, privacy, safety, or property (including by making and defending legal claims).
Auditing our internal processes for compliance with legal and contractual requirements and internal policies.
Enforcing the terms and conditions that govern the Services.
Preventing, identifying, investigating, and deterring fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

Some processing may also be necessary to comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities, and other legal obligations such as to keep records of transactions.

How We Share Personal Information

We share personal information with the following categories of recipients:

Within VIP & ME.
Companies and individuals that help us deliver our products to you, such as suppliers, payment service providers, logistics professionals, gift card suppliers, repair and assembly providers, and delivery and freight companies.
Professional service providers who help us run our business and provide support services to us, such as marketing companies, including email providers and mobile marketing providers, software vendors, and consultants.
Advertising partners, including for the interest-based advertising purposes described above.
Financing providers. By choosing to apply for a financing solution offered by a third-party financing provider, such as Klarna or Citibank or Affirm, you direct us to share certain personal information with that provider to facilitate your application. Your personal information will be used by that provider in accordance with their own privacy policy.
Government and law enforcement agencies and private parties, as we believe in good faith to be necessary and appropriate to (i) comply with a legal process, subpoena, order, or other legal or regulatory requirement; (ii) enforce our terms of use or other policies; (iii) pursue available legal remedies or defend legal claims; or (iv) otherwise for the compliance and protection purposes described above.
Acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, VIP & ME (including, in connection with a bankruptcy or similar proceedings).

We may anonymize your personal information and share such anonymized information with third parties for any purpose permitted by applicable laws.

About Our Prices

Where a product or service is listed on our Site references a higher price, typically denoted by a strikethrough (e.g. "$1000"), such higher price represents the retail price suggested by the VIP & ME. In the absence of such suggested price, this price represents the highest price at which we offered or sold the product or service at some point in the past. For “Flash Deals”, where a product is temporarily being sold at a reduced price, an additional strikethrough price is presented that represents a recent previous price before the Flash Deal promotion. For members of the VIP & ME Program (as defined below), if such higher price is accompanied by the VIP & ME logo, such price represents the offer price before applying VIP & ME Program benefits. The VIP & ME's Chef Choice badge represents a shortlist of highly-rated, well-priced products or services we know customers love.

Promotional codes can only be applied during purchase. Customer Service will be unable to honor any promotional code adjustments post-order.

VIP & ME Rewards Program

The VIP & ME Program (the "VIP Program") is exclusively for users of the Sites who have registered for the VIP Program in accordance with the directions set forth below and on the Sites. VIP Points may be applied to future purchases at the Site in accordance with these Terms of Use. VIP Program details, as may be in effect from time to time and which are incorporated herein by reference, may vary.

Links to Other Websites

The Sites may contain links to third-party websites ("Other Sites") that are not under VIP & ME's control. VIP & ME makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Sites or link to the Sites. VIP & ME provides these links to you as a convenience and the inclusion of any link does not imply endorsement by VIP & ME of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.

Mobile Devices, SMS, and Mobile Applications

If you use a mobile device to access pages of the Sites optimized for mobile-viewing, opt in to receive SMS (text messages) from VIP & ME (as/when available), or use a mobile application, the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use.

By opting in, you agree to receive promotional and personalized marketing text messages (e.g., SMS and MMS) on your mobile device from VIP & ME, including text messages that may be sent using an automatic telephone dialing system, to the phone number you provided when signing up or any other phone number that you designate. These messages may be recurring or one-time messages.

Message frequency varies. VIP & ME reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. VIP & ME also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Our SMS text messaging programs may include promotional messages, shopping cart reminders, order updates, and authentication texts. Your consent is not required as a condition of purchasing any goods or services from VIP & ME. You can opt out at any time and for any reason by following provided instructions or by texting "STOP" to the number associated with the SMS message. You will receive one further message confirming you are unsubscribed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that VIP & ME and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from VIP & ME through any other programs you have joined until you separately unsubscribe from those programs. If you wish to join again, you can opt in at any time. If you have any questions or require further assistance, you may respond "HELP" to the number associated with the SMS message. For more information, please contact us by emailing dining@vipandme.com (please reference "Questions about SMS").

By agreeing to receive SMS messages from VIP & ME, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder's permission to enroll the designated mobile phone number and understand that message and data rates may apply. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Please contact your participating mobile service provider for pricing plans, participation status and details. VIP & ME, its service providers, and the mobile carriers are not liable for delivered or undelivered content. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

Notice to California Residents

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.

Pursuant to California Civil Code Section 1789.3, VIP & ME provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

Communications with VIP & ME

For all communications made to or with VIP & ME, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and VIP & ME will have no obligation to protect your communications from disclosure; (ii) VIP & ME will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) VIP & ME will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Indemnity

You agree to indemnify and hold VIP & ME and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.

Disclaimer of Warranties

VIP & ME intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, VIP & ME EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.

Limitation on Liability

IN NO EVENT WILL VIP & ME OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF VIP & ME HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if VIP & ME is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.

IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MUST PROVIDE NOTICE TO VIP & ME, PURSUANT TO THE PROCESS REFERENCED BELOW, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED AND TIME-BARRED.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF USE OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Other rights that you would have if you went to court, such as access to discovery or appeals, also might be unavailable or limited in arbitration.

Agreement to Binding Arbitration; Class Action Waiver

Any dispute, claim or controversy (that is not resolved informally as set forth below) between you and VIP & ME, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, 'VIP & ME') arising from or relating in any way to: (1) these Terms of Use and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms of Use; (2) your use of any website owned or operated by VIP & ME and its affiliated brands; or (3) any products or services sold or distributed by VIP & ME and its affiliated brands or through any website owned or operated by VIP & ME and its affiliated brands (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court. Covered Disputes shall be interpreted broadly.

Mandatory Informal Dispute Resolution

VIP & ME values its customers and seeks to resolve disputes informally where possible. Before formally pursuing a Covered Dispute in arbitration, you agree to first send a detailed notice (“Notice”) to VIP & ME by email connect@mcalpinepllc.com. If VIP & ME has a dispute with you, VIP & ME agrees to first send a detailed Notice to your e-mail address on file with us. Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for VIP & ME to identify any transaction at issue (e.g., your order number, order confirmation communication, etc.); and (4) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice. VIP & ME’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it. You and VIP & ME agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should VIP & ME request a telephone conference with you in an effort to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). This process should result in resolution of the dispute, but if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you or VIP & ME may initiate an arbitration. Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by you or VIP & ME. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.

Initiating Arbitration and Arbitration Rules

Any arbitration between you and VIP & ME shall be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Legal Disputes Section. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address commercial@namadr.com. If NAM is unavailable or unwilling to administer the proceeding under the Legal Disputes Section as written, the parties agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") in effect at the time any demand for arbitration is filed with AAA, as modified by this Legal Disputes Section. If the AAA is unavailable or unwilling to apply this Legal Disputes Section as written, the parties shall mutually agree on an alternative administrator that will administer the proceeding under the Legal Disputes Section as written. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator that will do so. Any arbitration will be held before a single neutral arbitrator.

To begin an arbitration proceeding, you must send the demand for arbitration or arbitration notice form made available from the arbitration administrator and supplement that form with a detailed description of your claim, including with the information required for your Notice and the accompanying signed certification of compliance with the informal process referenced above (collectively referred to as “demand for arbitration”), to NAM (or to AAA if it is the administrator as set forth above). You must personally sign your demand for arbitration. You agree to also send VIP & ME a copy of your demand for arbitration at connect@mcalpinepllc.com. If VIP & ME initiates arbitration, we will send a copy of our demand for arbitration to your email address on file with us.

You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or in person in the county where you live or at another location reasonably convenient for you, or at a mutually agreed-upon location. VIP & ME reserves the right to request an in-person or videoconference hearing at any point within 14 days after its deadline to file any answer. After that time, VIP & ME retains the right to request an in-person or virtual hearing from the arbitrator, which the arbitrator may elect to require along with your participation (with your counsel if you are represented). Should a hearing take place in person, it shall take place consistent with the geographic parameters set forth above.

Arbitration Fees

Payment of all filing, administration and arbitrator fees will be governed by the NAM Rules (or the AAA Rules should AAA be the designated administrator as set forth above). Upon a showing of financial hardship, VIP & ME will consider your request to promptly reimburse your portion of the arbitration fees provided for in the NAM (or AAA) Rules.

Arbitration Authority

The arbitrator has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding. The arbitrator is bound by and must follow the terms of these Terms of Use as a court would. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to address the essential findings and conclusions of law on which the award is based. The arbitration award shall be binding only between you and VIP & ME and shall have no preclusive effect in any other arbitration or proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals. The arbitrator may award fees and costs as provided by the NAM Rules (or the AAA Rules if AAA is the designated administrator as set forth above) or to the extent such fees and costs could be awarded in court or if the arbitrator determines that a claim, proceeding, or defense was frivolous or brought for harassment, for an improper purpose, or in bad faith. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award.

Sole Exceptions to Arbitration

Notwithstanding the foregoing, in lieu of arbitration: (1) either you or VIP & ME may elect to have an individual claim heard in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim and is not appealed or removed to any court of general jurisdiction; and (2) you agree that you or VIP & ME may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Jury Trial and Class Action Waiver

Except as the Terms of Use otherwise provide and to the fullest extent permitted by law, you and VIP & ME acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and VIP & ME may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis, and may each bring claims against the other only in your or its individual capacity. As referenced above, the arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. If a court determines that this class action waiver is not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief shall proceed in court but shall be stayed pending arbitration of the remaining claims.

Special Additional Procedures for Mass Arbitration

If 25 or more individuals seek to initiate arbitrations with VIP & ME raising similar claims, and counsel for the individuals bringing the claims are the same or coordinated or the claims are otherwise coordinated (“Mass Claims”), you and VIP & ME agree that these additional procedures shall apply, along with the applicable NAM Rules (or the applicable AAA Rules if AAA is the administrator as set forth above). You understand and agree that if you choose to initiate your claim as part of Mass Claims, the adjudication of your claim might be delayed. Counsel for the individuals and counsel for VIP & ME shall each select 15 cases (per side) to be filed in and proceed in arbitration in bellwether proceedings to be resolved individually. Each case shall be assigned to a separate and different arbitrator. In the meantime, no other cases may be filed or deemed filed in arbitration, and the arbitration administrator shall not accept or administer arbitrations commenced in violation of these procedures. If the parties are unable to resolve the remaining cases after the conclusion of the first stage of bellwether proceedings, each side may select another 15 cases (per side) to be filed in and proceed in arbitration in a second set of bellwether proceedings to be resolved individually. Each case shall be assigned to a separate and different arbitrator. This process shall continue consistent with this staged process of administering and moving forward a maximum of 30 individual arbitration proceedings at a time until the parties are able to resolve all of the Mass Claims, either through settlement or arbitration. If these additional mass arbitration procedures apply to your claim, any applicable statute of limitations shall be tolled from the time the first cases are selected for a bellwether proceeding until your claim is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court shall have the authority to enforce these mass arbitration procedures and, if necessary, to enjoin the filing or prosecution of arbitrations.

Governing Law

You and VIP & ME agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act ("FAA") and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the state of North Carolina apply. Should any action proceed in court (other than in small claims court), you consent to the exclusive jurisdiction of the federal and state courts of North Carolina.

Other

To the extent that any other provision of the Terms of Use is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control.

Termination

Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Use. You agree that VIP & ME, in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if VIP & ME believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. VIP & ME also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that VIP & ME may bar any further access to the Sites. Further, you agree that VIP & ME will not be liable to you or any third-party for any termination of access to the Sites.

For instructions for deleting your account, please see the "Registering for the Service" section of our Privacy Policy.

The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

Right to Access

YOU MUST BE AT LEAST AGE 18 TO USE THE SITES. By using the Sites, you affirm that you are over age 18. If you are under age 18, you may not access or use the Sites.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE SITES.

Outages

VIP & ME may periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that VIP & ME has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

Jurisdictional Issues

The Sites are operated by VIP & ME from its offices in Charlotte, North Carolina, USA. The Sites are intended for users who reside in the United States of America. VIP & ME makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. VIP & ME reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

General Information

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms of Use set forth the entire Agreement between you and VIP & ME with respect to use of the Sites and supersede any prior agreements between you and VIP & ME relating to such subject matter. The Terms are not assignable, transferable or sub licensable by you except with VIP & ME's prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. VIP & ME's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of VIP & ME's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by VIP & ME with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

Violations

Please report any violations of these Terms of Use to the system administrator here.

Questions?

If you have questions, comments or complaints about these Terms or the Sites, please contact us here (please reference "Questions about the Sites").

Cookie Policy

Last Updated: 1/3/2024

VIP & ME may utilize cookies and similar technologies for such features as providing basic website functionality, storing preferences, seeing how our services are used and offering a tailored experience. This Cookie Policy should be read in conjunction with our Privacy Policy. If you have any questions or concerns about the Cookie Policy or its implementation, please contact us at connect@mcalpinepllc.com or as otherwise described in our Privacy Policy.

What are Cookies & Similar Technologies?

Cookies are text files that websites store on a visitor's device to uniquely identify the visitor's browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand activity and patterns, and facilitating online advertising.
Local storage technologies, like HTML5, provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
Web beacons, also known as pixel tags or clear GIFs, are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

Collectively we refer to these technologies as "cookies".

How Do We Use Cookies?

We, our service providers, and our advertising partners use cookies to automatically log information about an individual's interactions with our services and communications, such as:

Device information, such as computer or mobile device operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 3G), and general location information such as city, state, or geographic area.
Online activity information, such as pages or screens viewed, how long individuals spend on a page or screen, the path you take through or to our website, navigation paths between pages or screens, information about activity on a page or screen, access times and duration of access, and whether individuals open our marketing emails or click links within them.

We use both persistent cookies and session cookies. Persistent cookies stay on your device for a set period of time or until you delete them, while session cookies are deleted once you close your web browser. We use persistent cookies, for example, to record your choice of language and country location. The cookies placed through your use of our website are either set by us (first-party cookies) or by a third party at our request (third-party cookies).

Cookie Types & Descriptions

Necessary. These cookies are necessary for you to interact with VIP & ME's basic features. For example, they allow you to navigate the site, securely access important areas like your shopping cart, and more. Also, necessary cookies are used to maintain the website's security features.
Customer Preferences. These cookies help us remember your actions so your site experience is tailored to your unique needs. This is how the site remembers items you viewed recently and makes certain interactions faster, like search. These cookies are also needed to preserve your preferences.
Analytics. These cookies send data to VIP & ME for the purpose of analyzing customer behavior so we can learn from your interactions to improve site experience for everyone. For instance, this data helps us better understand how users are finding information and which areas of the site are most helpful. This way we can evaluate site performance and functionality to continuously develop, customize, and improve our services and offerings. Specifically, we use Google Analytics to collect information about how users use our services, which we then use to compile reports that disclose trends without identifying individual visitors and help us improve our services. For more information on Google Analytics, click here. For more information about Google’s privacy practices, click here. You can opt out of Google Analytics by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout.
Advertising. These cookies are needed to enable VIP & ME advertisements published on our partners' websites to be tailored to your personal interests. These cookies track your browsing habits so that the advertisements you see are relevant to your needs.

We may also use web beacons in promotional emails and other communications with you, to allow us to count how many people read them and to verify any clicks through to links within an email. We (or our marketing service providers on our behalf) use this to help us understand how an email campaign performed, what types of emails and content our recipients find interesting, and what actions our recipients took, so we can improve our email campaigns in the future and make our emails more relevant to our recipients. If you do not wish the web beacon to be downloaded onto your device, you should select to receive emails from us in plain text rather than HTML.

How Can You Control the Use of Cookies?

Depending on where you access the services from, you may be presented with a cookie banner or other tool to provide permissions prior to non-Necessary cookies being set. In this case, we only set these non-Necessary cookies with your consent. Where this option is available, you may revoke your consent at any time with future effect by clicking on the cookie settings link in the footer of the website at any time.

You can also limit online tracking by:

Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit https://www.allaboutcookies.org. Use the following links to learn more about how to control cookies and online tracking through your browser:

Blocking advertising ID use in your mobile settings. Your mobile device settings can provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
Using privacy plug-ins or browsers. You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third party cookies/trackers.
Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:

Digital Advertising Alliance for Websites: https://optout.aboutads.info
Network Advertising Initiative: https://optout.networkadvertising.org

Platform opt-outs. Some of our advertising partners offer opt-out features that let you opt out of use of your information for interest-based advertising, including:

Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.

Do Not Track. Some Internet browsers can be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.

Advertising Cookie Providers

Bing (Microsoft)
We may use Microsoft Bing's ad platforms - specifically Bing's search related Ads and conversion tracking. Bing's web beacons may be used on VIP & ME properties to help personalize ads, optimize campaign performance in order to reduce costs, and to produce anonymous metrics and analytics, including conversion statistics related to ad campaigns. They accomplish this by using the beacons to limit the number of times you see an advertisement, to understand products you may be interested in, and to understand how effective a particular ad is in driving a user to make a purchase. The data they collect and cookies they may set are subject to their privacy policy and can be viewed here: https://privacy.microsoft.com/en-gb/privacystatement. You can change your preferences about the adverts you see on Bing by clicking here: https://account.microsoft.com/privacy/ad-settings/.

Commission Junction (subsidiary of Conversant Media)
We may use Commission Junction to help manage affiliates that refer users to VIP & ME sites. Commission Junction's web beacons may be placed on our site to confirm that an affiliate has successfully sent traffic to our site and give them credit for it. Affiliates receive a commission upon success confirmation through this process of using Commission Junction's beacons. The data they collect and cookies they may set are subject to their privacy policy and can be viewed here: https://www.conversantmedia.com/legal/privacy. You can change your preferences about interest-based advertising from Commission Junction here: https://www.conversantmedia.com/optout.

Criteo
Criteo specializes in creating and delivering personalized advertising through "Criteo Dynamic Retargeting" and "Criteo Sponsored Products." We may utilize Criteo as an advertising service provider and utilize their web beacons to help personalize advertisements on the Criteo platform. Criteo uses these beacons to better understand what products you may be interested in and use that information to display ads related to those products to you. The data they collect and cookies they may set are subject to their privacy policy and can be viewed here (including the option to deactivate the Criteo services): https://www.criteo.com/privacy/.

Facebook
We may utilize Facebook as an advertising service provider and their web beacons (i.e. the Facebook Pixel) to help personalize advertisements on the Facebook platform. For this purpose, we may use and share information about how you use VIP & ME and certain personal information about you with Facebook via the Facebook Pixel and by sending the information directly from our servers. This enables Facebook to help us deliver more relevant advertisements, and to produce anonymous metrics and analytics, including conversion statistics related to ad campaigns. They accomplish this by using the beacons to limit the number of times you see an advertisement, to understand products you may be interested in and to understand how effective a particular ad is in driving a user to make a purchase.

Within the scope of online behavioral advertising, we also use the Facebook tool Custom Audience. We generate a hash value from your data (which may include name, email address, gender, date of birth, phone number, city, state and postcode) and send it to Facebook for analysis and marketing purposes. Facebook compares the hash value with the hash values of their own user data they already have. Through this comparison, Facebook learns which of our users is also a Facebook user. We learn whether a match exists and can target our advertising measures.

The data they collect and cookies they may set are subject to their privacy policy. You can read more and change your preferences on Facebook here: https://www.facebook.com/privacy/explanation.

Google (Advertising Services)
We may utilize Google's ad platforms—specifically Product Listing Ads, Adwords, Search Engine Ads, and Ad Serving. Google's web beacons are used on VIP & ME properties to help personalize ads, optimize campaign performance in order to reduce costs, and to produce anonymous metrics and analytics, including conversion statistics related to ad campaigns. They accomplish this by using the beacons to limit the number of times you see an advertisement, to understand products you may be interested in, and to understand how effective a particular ad is in driving a user to make a purchase. The data they collect and cookies they may set are subject to their privacy policy and can be viewed here: https://policies.google.com/privacy. You can change your preferences about the adverts you see on Google by clicking here: www.google.com/settings/ads.

LiveIntent
We may use LiveIntent as an advertising service provider and their web beacons help us personalize advertisements on the LiveIntent platform. The web beacons limit the number of times a customer sees an advertisement and help understand how effective a particular ad is in driving consumer marketing email subscriptions. The data they collect and cookies they may set are subject to their privacy policy and can be viewed here: https://www.liveintent.com/services-privacy-policy.

Pinterest
We may utilize Pinterest as an advertising service provider and their web beacons to help personalize advertisements on the Pinterest platform. These web beacons enable Pinterest to help us deliver more relevant advertisements, and to produce anonymous metrics and analytics, including conversion statistics related to ad campaigns. They accomplish this by using the beacons to limit the number of times you see an advertisement, to understand products you may be interested in and to understand how effective a particular ad is in driving a user to make a purchase. The data they collect and cookies they may set are subject to their privacy policy. For more information on how Pinterest processes your data, including the legal basis Pinterest relies on and your privacy rights, visit: https://policy.pinterest.com/en/privacy-policy. You can change your preferences about the adverts you see on Pinterest by clicking here: https://help.pinterest.com/en-gb/article/personalized-ads-on-pinterest.

Taboola
We may utilize Taboola as an advertising service provider and their web beacons to help personalize advertisements on the Taboola platform. Taboola is used on many websites across the internet to display content-based advertisements. Their web beacons enable Taboola to help them deliver more relevant advertisements. They accomplish this by using the beacons to limit the number of times you see an advertisement, to understand products you may be interested in and to understand how effective a particular ad is in driving a consumer to subscribe to marketing emails. The data they collect and cookies they may set are subject to their privacy policy and can be viewed here (including the option to deactivate interest-based ads from Taboola): https://policies.taboola.com/en/privacy-policy/.

Xandr (AppNexus)
We may utilize Appnexus to purchase and optimize advertisements on various sites across the internet. As a programmatic advertising platform, Appnexus provides companies with the ability to purchase ads across a wide variety of sites through a single marketplace. Their web beacons are also used to help optimize those campaigns by delivering more relevant advertisements and optimizing campaign performance based on how effective a particular ad is in driving a user to make a purchase (conversion tracking). The data they collect and cookies they may set are subject to their privacy policy and can be viewed here: https://www.xandr.com/privacy/platform-privacy-policy/. You can deactivate interest-based ads from Xandr and access and delete your data at Xandr’s privacy center: https://platform.xandr.com/privacy-center/.

Yahoo (Verizon Media)
We may utilize Yahoo to serve advertisements on their sites. Yahoo's web beacons are used to help optimize those campaigns by delivering more relevant advertisements and optimizing campaign performance based on how effective a particular ad is in driving a user to make a purchase (conversion tracking). The data they collect and cookies they may set are subject to their privacy policy and can be viewed here: https://www.verizonmedia.com/policies/ie/en/verizonmedia/privacy/index.html. You can adjust your settings and deactivate interest-based ads from Yahoo at Yahoo's Privacy Dashboard: https://yahoo.mydashboard.oath.com/device.

VIP & ME’s Copyright Policy

Last Updated: 1/3/2024

This Copyright Policy describes VIP & ME's policy of prohibiting any information or materials that violate another party's intellectual property rights from appearing on www.VIP & ME.com and its related domains (collectively, the "Site").

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for a copyright owner who believes that material appearing on the Internet infringes his, her or its rights under U.S. copyright law. VIP & ME complies with the DMCA by responding to notices and counter-notices that meet the then-current DMCA requirements. Please visit http://www.copyright.gov/ for details about current DMCA requirements.

Notification of Alleged Copyright Infringement

If you believe in good faith that material appearing on the Site infringes your copyright, you (or your agent) may send VIP & ME a written notification pursuant to the DMCA (a "DMCA Notice"). Your DMCA Notice should be sent to our Copyright Agent (identified below), contain all of the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and request that the material be removed or that access to it be blocked. Your DMCA Notice must contain:

Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Site are covered by a single notification, you may provide a representative list of such works on the Site; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
Identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material;
Your name, address, telephone number and email address (if available);
The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner's behalf;
A statement that you have a good faith belief that use of the material on the Site as you have described in the DMCA Notice is not authorized by the copyright owner or its agent or the law; and
A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must submit any notification of an alleged copyright infringement to VIP & ME's Copyright Agent by mail or email as set forth below:

VIP & ME Copyright Agent
Attn: Alonzo M. Alston, Esq.
McAlpine PLLC
112 S. Tryon St., Ste. 300
Charlotte, NC 28284
Email: connect@mcalpinepllc.com (please reference "VIP & ME DMCA Notice")

If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent that materials on the Site are infringing a copyright.

Counter Notification

If you believe in good faith that your own copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written counter notification letter to VIP & ME's Copyright Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:

Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
A statement that you consent to the jurisdiction of the Federal District Court in which your address is located or in Charlotte, North Carolina if your address is outside the United States;
A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent;
Your name, address and telephone number;
A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or web location and will no longer be shown or accessible; and
Your physical or electronic signature.

You may submit your counter notification to VIP & ME's Copyright Agent by mail or email as set forth below:

VIP & ME Copyright Agent
Attn: Alonzo M. Alston, Esq.
McAlpine PLLC
112 S. Tryon St., Ste. 300
Charlotte, NC 28284
Email: connect@mcalpinepllc.com (please reference "VIP & ME DMCA Notice")

Upon receipt of a counter notice, VIP & ME's Copyright Agent may send a copy of it to the original complaining party informing that party that VIP & ME may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against VIP & ME, the removed content may be replaced or access to it restored by VIP & ME.

You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees.

VIP & ME Chef Program Terms

Last Updated: 1/3/2024

The VIP & ME Chef Program (the "VIP & ME Chef Program") is exclusively for users of the Sites who have enrolled in the VIP & ME Chef Program in accordance with the terms hereof (“Chef Members”). The VIP & ME Chef Program is designed to provide Chef Members with additional benefits and exclusive services.

The terms and conditions applicable to the VIP & ME Chef Program (the “VIP & ME Chef Program Terms”) are as set forth herein. VIP & ME reserves the right, at any time and in its sole discretion, to change the VIP & ME Chef Program Terms. When we post material modifications to the VIP & ME Chef Program Terms, we will revise the “Last Updated” date at the top of this section. Your use of the VIP & ME Chef Program after the posting of any update to the VIP & ME Chef Program Terms constitutes your agreement to be bound by such VIP & ME Chef Program Terms, as revised. We encourage you to periodically review this section for the latest VIP & ME Chef Program Terms. If you object to any update to the VIP & ME Chef Program Terms, your sole recourse is to stop using the VIP & ME Professional Program. Use of the Sites in connection with the VIP & ME Chef Program is subject to VIP & ME’s Terms of Use, including, for example, the provisions applicable to User-Generated Content.

Users of the Sites may enroll in the VIP & ME Chef Program here. The Chef Member shall be the business entity itself, and each User who enrolls a business entity in the VIP & ME Chef Program must be authorized to do so on behalf of such entity. Chef Members may have multiple authorized user accounts. Each Chef Member acknowledges and agrees that each authorized user account shall have access to all information related to such Chef Member’s account and that VIP & ME shall have no liability in connection therewith.

Chef Members can make account changes by contacting VIP & ME. VIP & ME, in its sole discretion, may cancel a Chef Member’s account at any time, with immediate effect and without notice, for any reason (including, without limitation, if VIP & ME believes such Chef Member has violated these VIP & ME Chef Program Terms or VIP & ME’s Terms of Use). The services and benefits provided through the VIP & ME Chef Program are the sole property of VIP & ME and are not the property of any Chef Member. Upon any cancellation or termination of any Chef Member’s account, all services and benefits will be forfeited, and the applicable Chef Member will no longer be able to participate in the VIP & ME Chef Program unless, in the case of a voluntary account cancellation by a Chef Member, such Chef Member subsequently re-enrolls in the VIP & ME Professional Program. VIP & ME may terminate the VIP & ME Chef Program at any time and for any reason.

Home Services

Last Updated: 1/3/2024

Professional services you purchase through the Sites are referred to herein as "Home Services". Home Services are provided in-part by independent third-party service providers ("Pros"). The Pros are independent contractors and not employees of VIP & ME. VIP & ME does not provide the Home Services itself. We facilitate planning and provide organizational services during the Home Services; however, Pros and their staff are responsible for themselves, their conduct, negligence, intentional torts, and any property damage. VIP & ME sometimes arranges for the provision of Home Services with Pros directly, and sometimes through other parties that contract with Pros ("Partners"). VIP & ME may refer customer service requests regarding Home Services to the Partners. VIP & ME makes no guarantee that it will be able to match you with a Pro. Scheduled Home Services dates and times are subject to change for various reasons, including, but not limited to: inclement weather, acts of God, terrorism, emergency, death, illness, unavailability of Pro, hazard, epidemic, endemic, etc. Home Services will be performed in a good and workmanlike manner.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, VIP & ME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE HOME SERVICES OR THE PROS. YOU AGREE THAT ALL HOME SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, YOU AGREE THAT VIP & ME SHALL HAVE NO LIABILITY IN CONNECTION WITH THE HOME SERVICES, THAT VIP & ME IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF ANY PRO, AND THAT VIP & ME WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, DAMAGES, OR LOSSES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE HOME SERVICES.

VIP & ME may arrange for background checks on the Pros through third-party background check providers, or may obtain contractual guarantees from Partners that Pros have been background checked. Regardless, you should exercise caution and common sense when interacting with Pros to protect your personal safety and property, just as you would when interacting with any person you do not know. You are responsible for verifying the identity of the Pro upon arrival. You are responsible for ensuring that the location where the Home Services are to be performed is safe and secure and that the Pro has free and clear access to such location.

You must be 18 years of age or older to purchase Home Services. You acknowledge and agree that you are solely responsible for your decisions relating to the Home Services. Either you or someone else 18 years of age or older authorized by you must be present at all times during the performance of the Home Services. You are responsible for inspecting the Home Services and signing any relevant forms. If you are not present during performance, an adult on-site and present must be authorized by you to inspect the Home Services and sign any required forms on your behalf. You agree that products worked on or with by Pros (collectively, "Products") are for private use and consumption only and not for commercial applications or use, unless otherwise agreed by you and VIP & ME in writing. You are responsible for designating the location where Pros assemble and otherwise work on or with the Products. VIP & ME, the Partners, and the Pros make no recommendation, representation, or warranty regarding the use or location of the Products, including the surface on which they are installed. You have not relied on any statement made by any of the foregoing parties in determining the use or location of the Products. You are responsible for obtaining any required approvals, permissions, permits, and variances necessary related to the Home Services. You assume all risk, including any risk of relocation or removal, arising from the use or location of the Products. You will follow all instructions and warnings relating to the Products and will ensure that all persons who use or consume the Products do the same.

You shall indemnify, defend, and hold harmless VIP & ME, the Partners, and the Pros, and each of their owners, affiliates, parents, subsidiaries, successors, assigns, officers, directors, agents, employees, attorneys, insurers, and representatives (each an "Indemnified Party") from and against any and all claims, demands, causes of action, proceedings, losses, injury, damages, expenses, fines, penalties, and costs arising from or in connection with (i) the use, consumption, and/or location of the Products; and (ii) your breach or violation of this Home Services Section. You hereby waive, release, covenant not to sue, and forever discharge each Indemnified Party from any and all debts, demands, actions, causes of action, suits, covenants, contracts, agreements, promises, torts, damages, claims, demands, losses, and liabilities whatsoever of any name and nature, both in law and in equity, which you now have, ever had, or may in the future have against any Indemnified Party arising from or in connection with (i) the use and/or location of the Products; and (ii) your breach or violation of, or failure to abide by, this Home Services Section.

VIP & ME Rewards Program Terms

The VIP & ME Rewards Program (the "Rewards Program") is exclusively for users of the Sites who have registered for the Rewards Program in accordance with the directions set forth below and on the Sites. Rewards Dollars may be applied to future purchases at the Sites in accordance with the terms set forth below and our Terms of Use. Please click here for the Program Terms for the VIP & ME Card Benefits Program (the "Program Terms"), as may be in effect from time to time and which are incorporated herein by reference. Enrollment in the Rewards Program is automatic with registration at any of the Sites.

Referral Program

VIP & ME's Referral Program is designed to reward existing members ("Sponsors") with Rewards Dollars for referring new members ("Recipients") to VIP & ME. VIP & ME are participating in this program and Sponsors can use their Rewards with various Pros. However, Recipients can only apply their discount to the Pro the Sponsor referred them to. Referral credit amounts may differ by site. Sponsors can refer as many friends as he or she would like, but will only receive Rewards Dollars for up to 10 successful referrals per month. If a Recipient's qualifying order is cancelled, Rewards Dollars will be voided. Previous purchases are not eligible for Rewards Dollars and Rewards Dollars cannot be applied retroactively. Invitations must be sent to individual recipients. Any attempt to distribute in bulk is grounds for immediate termination of the Sponsor's account and deactivation of their personal referral link. Distribution of Rewards bonuses is subject to moderation in cases of suspected fraud.

Business and Trade Referral Program

Sponsors will only receive their Rewards Dollars after their Recipient has used their unique promo code and their order has booked. Sponsors will be notified by email when their Rewards Dollars are available for use. Rewards Dollars credited to Sponsors will only be valid for 90 days. If the Recipient does not use the unique promo code within 30 days, it will expire and no longer be valid. Previous purchases are not eligible for Rewards Dollars and Rewards Dollars cannot be applied retroactively. Orders containing Gift Certificate purchases are not eligible. Bulk distribution and distribution to strangers is prohibited. Violation of this is grounds for immediate termination of the Sponsor's account and deactivation of their personal referral link. Distribution of referral promo codes and Rewards Dollars is subject to moderation in cases of suspected fraud.

Returns

If you cancel a Home Service that was purchased in whole or in part using Rewards Dollars, the return will be processed in accordance with VIP & ME's return and exchange policy. If the return is accepted by VIP & ME, the Rewards Dollars applicable to the returned item will be credited back to your account.

Returns and Refunds Policy

Products

Changed your mind and want to return an item?

To start your return, visit the Return or My Account section of website. We're happy to accept returns for most items within 30 days of order.

Services

Refunds and Exchanges Policy

All services are non-exchangeable, and in some cases, non-refundable.

Cancellation Policy

Clients must notify VIP & ME of any cancellations at least 15 days prior to the scheduled date of service. Cancellations made within this time will be subject to a 50% refund of the deposit paid, excluding any add-on charges, which are non-refundable.

Cancellation requests made 14 days or less of the scheduled date of service are non-refundable.

Rescheduling Policy

VIP & ME will do its best to accommodate a rescheduling request, provided it’s before the 15-day cancellation deadline and the desired chef is available on the new date. However, if we’ve already secured a chef or made purchases for your event, there may be associated rescheduling costs. Add-on charges like flowers, linens, etc., are non-refundable.

Celebrity chef engagements cannot be rescheduled.

Refund Timing

VIP & ME will initiate your refund when we receive your request. Generally, refunds take 5-7 days but may take up to 2 weeks.

Celebrity Chef Experiences

Once a Celebrity Chef Experience is booked, refunds, reductions in guest numbers, or date changes are not permitted.

Gift Card Policy

VIP & ME Gift Cards are non-refundable, non-transferable, and cannot be exchanged for cash. Lost or stolen cards should be reported to VIP & ME.