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This cookie policy describes how Vice City Shops Network (“VCS”) uses “cookies” and other similar technologies, in connection with our Site and Services. Any capitalized term used and not otherwise defined below has the meaning assigned to it in the Privacy Policy.

For VCS-affiliated websites, you can learn more about cookies by visiting those sites directly. 

1. What is a Cookie?

Cookies are small text files that are stored in a computer's browser directory. They help site providers with things like understanding how people use a site, remembering a User's login details, and storing site preferences. Stripe uses cookies as well as similar technologies (e.g., URL tracking, local storage). For the purpose of this Cookie Policy, such technologies are included in the term ‘cookies’. 

2. Does Vice City Shops use Cookies?

Cookies are small text files that are stored in a computer's browser directory. They help site providers with things like understanding how people use a site, remembering a User's login details, and storing site preferences. Stripe uses cookies as well as similar technologies (e.g., URL tracking, local storage). For the purpose of this Cookie Policy, such technologies are included in the term ‘cookies’. 

3. Does Vice City Shops use Cookies?

Yes. We use cookies in accordance with our Privacy Policy to:ensure that our Services function properly, detect and prevent fraud and violations of our terms of service, understand how visitors use and engage with our Site, advertise our products and services, where allowed and analyze and improve our Services and your Site experience.

4. Who sets cookies when I use Vice City Shops' Sites?

There are two main types of cookies that can be set: 

• First party cookies: these cookies are placed and read by VCS directly when you use our Services, 

• Third party cookies: these cookies are not set by VCS, but by other companies, like Google or Facebook, for site analytics purposes. See further details below on how to manage these cookies. 

5. How Vice City Shops Uses Cookies?

Cookies play an important role in helping us provide effective and safe Services. Below is a description of the commonly used cookie types and the purposes that apply to them. Each section references Vice City Shops' Cookie Settings below, where you can find more information about each cookie, and exercise your choices. 

Essentials Cookies

Some cookies are essential to the operation of our Site and Services and make it usable and secure by enabling basic functions like page navigation and access to secure areas of the Site. We use those cookies in a number of different ways, including:

Necessary Cookies

• Authentication. To remember your login state so you don't have to log in as you navigate through our Site and dashboard. 

• Fraud Prevention and Detection. Cookies and similar technologies that we deploy through our Site help us learn things about computers and web browsers used to access the Services. This information helps us monitor for and detect potentially harmful or illegal use of our Services. For example, in order to process payments transactions for our Users, it is necessary for VCS to collect information about the transaction and the Customer. To help secure these transactions and minimize fraud, we collect additional information through the use of cookies and other technologies in helping to identify bad actors and prevent them from making fraudulent transactions. Customers should check our Users' sites for more information about the use of Stripe cookies for fraud detection. 

• Security. To protect user data from unauthorized access. 

• Functionality. To keep our Site and Services working correctly, like showing you the right information for your selected location. 

For more information, please see the Authentication, Fraud Prevention, Security and Functionality sections in the Vice City Shops' Cookie Settings below.

Preference Cookies

Preference cookies are used by VCS to remember your preferences and to recognize you when you return to our Services.

For more information, please see the Preferences section in the Vice City Shops' Cookie Settings below. 

Analytics Cookies

Analytics cookies help us understand how visitors interact with our Services. We use those cookies in a number of different ways, including:

• Site Features and Services. To remember how you prefer to use our Services so that you don't have to reconfigure your settings each time you log into your account. 

• Analysis and Improvement of Our Products and Services. To make our Site and Services work better for You. Cookies help us understand how people reach our Site and our Users' sites. They give us insights into improvements or enhancements we need to make to our Site and Services. 

• Pixel tags (also known as web beacons and clear GIFs). May be used in connection with some Services to, among other things, track the actions of Users (such as email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates. 

• Third Party Analytics. Through Google Analytics in order to collect and analyze information about the use of the Services and report on activities and trends. This service may also collect information regarding the use of other sites, apps and online resources. You can learn about Google's practices on the Google website. See further details below on how to manage these cookies. 

For more information, please see the Analytics section in the Vice City Shops' Cookie Settings below. 

Advertising Cookies

We and our service providers will use cookies and similar technologies on vicecityshops.com to direct VCS ads to you through targeted advertisements for VCS Services on other sites you visit and to measure your engagement with those ads.For more information, please see the Advertising section in the Stripe Cookie Settings Dashboard. 

6. Can I opt-out?

Yes. You can opt out of cookies through the Vice City Shops' Cookie Settings below, with the exception of those cookies that are necessary to provide you with our Services. For VCS-affiliated websites, you can learn more about cookies by visiting those sites directly. Your web browser may allow you to manage your cookie preferences, including to delete and disable VCS cookies. You can take a look at the help section of your web browser or follow the links below to understand your options. If you choose to disable cookies, some features of our Site or Services may not operate as intended.

• Chrome: https://support.google.com/chrome/answer/95647?hl=en 

• Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies 

• Safari: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac 

• Firefox: https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer 

• Opera: https://help.opera.com/en/latest/web-preferences/#cookies

Cookie settings

Vice City Shops uses cookies and similar technologies to improve your experience and for advertising purposes. Review and manage your cookie settings below to control your privacy. For more information on how we use cookies, please see Stripe’s Cookie Policy. Functional cookies provide enhanced functions, performance, and services on the website. Cookies that are strictly necessary for basic website or app functionality.RequiredThese cookies are necessary for our systems to work. We work with third-party providers like Facebook, Google, and LinkedIn, who also set cookies for analytics and marketing purposes. This list may not be exhaustive, but we commit to keeping it updated based on information from these providers. 

Please see the following resources for more detailed information about the cookies set by Facebook, Google, and LinkedIn:

 Facebook documentation  

Google documentation  

LinkedIn documentation 

Disable the “Advertising” section below to opt-out of targeted advertising cookies, including data “sharing” or “selling” under California privacy law. Learn more.

Advertising

Advertising cookies and similar technologies on stripe.com allow us to place targeted Stripe advertisements on other sites you visit and measure your engagement with those ads. Disable the “Advertising” section here to opt-out of targeted advertising cookies, including data “sharing” or “selling” under California privacy law. Learn more. Submit your email address to opt out of data sharing with advertising platforms.

Submit

While we work to ensure that our Services and products information are correct, on occasion 3rd parties providers and manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our Website. We recommend that you do not solely rely on the information presented and that you always read labels and, warnings, and directions before using or consuming a service or product. For additional information about a product, please contact the manufacturer.

What information do we collect?

We collect information from you when you  place an order, respond to a survey or fill out a form. Any data we request that is not required will be specified as voluntary or optional. When ordering on our sites, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.

Secure Checkout

Your checkout process must utilize secure functionality to protect customer data through SSL certificates. 

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

• To personalize your experience

• To improve our website

• To improve customer service

• To process transactions

• To send periodic emails and communicate with you

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested by the customer. The email address you provide for order processing, may be used to send you information and updates pertaining to your order or request, in addition to receiving occasional company news, updates, promotions, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you submit a request, place an order or access your personal information. These security measures include: password protected directories and databases to safeguard your information.We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Children's Online Privacy Protection Act Compliance

Our websites, products and services are all directed to people who are at least 21 years old or older. You should not and may not access our site unless you are at least 21 years of age.

CAN-SPAM Compliance

We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our websites and not to information collected offline.

Your Consent

By using our site, you consent to our Privacy Policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change.

Welcome to Vice City Shops. We’re glad you’re here, and we hope you enjoy everything we have to offer.

Please read these Terms carefully because they are a binding agreement between You and Salesforce, Inc. (“Salesforce” or “We”).

These Terms govern your use of the websites that link to these Terms. In these Terms, the word “Sites” refers to each of these websites and the services offered on those Sites. You automatically agree to these Terms and to our Privacy Statement simply by using or logging into the Sites.

Please note that we offer many services. Your use of Salesforce products or services are provided by Salesforce pursuant to a separate manually or digitally-executed agreement. Those additional terms become part of your agreement with us, if you use the services or log into the Sites.PLEASE READ THESE GENERAL TERMS OF SERVICE AND USE CONDITIONS CAREFULLY. THESE CONSUMER TERMS OF SERVICE AND USE CONDITIONS (“AGREEMENT,” “TERMS AND CONDITIONS,” or “TERMS”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND VICE CITY SHOPS NETWORK, AS DEFINED BELOW.

SECTION 14 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT.

IN PARTICULAR, SECTION 14 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING OR PROPOSED CLASS ACTION LITIGATION. IN ADDITION: SECTION 4 OF THIS AGREEMENT REQUIRES YOU TO CONSENT TO OUR PRIVACY POLICY.

SECTION 8 OF THIS AGREEMENT CONTAINS PROVISIONS RELATING TO OUR USE OF CERTAIN USER CONTENT.

SECTION 21 OF THIS AGREEMENT CONTAINS PROVISIONS WHICH LIMIT OUR LIABILITY TO YOU.

1. Application of this Agreement. This Agreement governs your use of the Technology and Services (each as defined below) and is between you and Vice City Shops Network, “VCSN,” “we,” “us,” and “our” mean Excelsior Investment International Corp, ("Excelsior International") a Florida corporation, and its subsidiaries and affiliated companies, including, without limitation, the entities listed in the remainder of this paragraph. These Terms and Conditions constitute a legal agreement between you and VCSN and/or its subsidiaries and affiliated companies, including Babados FOR NOW! Wholesales ("BFN!"), (depending on the Merchant, as defined below). Certain provisions of this Agreement apply based on the country of your primary residence or the state of United States in which you have selected a delivery or pickup address, and such provisions are designated as such using one or more of the following definitions.“United States Consumer” means your primary residence is in the United States, including Puerto Rico, a United States territory.“United States Order” means you have selected a delivery or pickup address in the United States, including Puerto Rico, a United States territory (except as otherwise noted).

2. Acceptance of this Agreement. VCSN uses its online marketplace platform to connect you and other consumers, and businesses (“Merchants”), and independent third-party contractors, except by MIAMI Vice CIty Shop ("MVC") owned and managed by VCSN , who provide delivery and/or other services (“Contractors”). VCSN’s Technology (as defined below) permits consumers to place orders for goods from Merchants, either for\, shipping, delivery or pickup, and/or request services from Merchants. If a delivery order is made, VCSN uses the Technology to notify Contractors (or, for certain orders, Merchants) that a delivery opportunity is available and to facilitate completion of the delivery to the consumer. If a pickup order is made, VCSN uses the Technology to communicate with the consumer regarding the availability of the order for pickup. DoorDash is not a merchant, retailer, restaurant, grocer, delivery service, or food preparation business (except as otherwise specified in Section 6 below).If you access any of our websites located at https://www.vicecityus.com/, https://vicecityshops.app and https://order.vicecityus.com.com, install or use the VCSN or Vice City CONNECT ("CONNECT") mobile application, install or use any other technology supplied by VCSN (collectively, the “Technology”), or access or use any information, function, feature, or service made available or enabled by DoorDash (collectively, the “Services,” which includes the Technology), click or tap a button or take similar action to signify your affirmative acceptance of this Agreement, or complete the VCSN account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that: (a) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at https://www.Vicecityus.com/com/compliance or through the Technology; (b) you are of legal age in the jurisdiction in which you reside to form a binding contract with VCSN ; and (c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account or named as the User during the VCSN account registration process and to bind such organization to the Agreement.The specific Services available to you may vary based on the delivery or pickup address that you have selected. A certain function, feature, or Service (y) available to one User may not be available to all Users or at all times, and (z) may only be available in the latest version of the VCSN or CONNECT mobile applications.

The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective employees, agents, or representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.

3. Modifications. Subject to Section 14(k) of this Agreement, VCSN reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Technology or Services at any time, effective upon posting an updated version of this Agreement at https://www.vicecityus.com/Compliance/ or through the Technology. If we make any material changes to this Agreement, we will notify you by email at the email address that you have provided to us or by another means. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. If you do not agree to these modifications, you should immediately cease using the Technology and Services.

4. Additional Terms and Policies. By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with VCSN 's Privacy Policy, which is incorporated in this page by reference. You also agree to abide by any additional VCSN terms or policies for Users that are published on our website or mobile application, whether or not such terms or policies are directly referenced or linked elsewhere in this Agreement. Certain features of our Services may be subject to additional terms and conditions, which, to the extent permitted by applicable law, are incorporated herein by reference.

5. Rules and Prohibitions. Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:

(a) You will only use the Services for lawful purposes and you will not use or attempt to use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes.

(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, other intellectual property rights, or other rights of any third party, including privacy, personality, or publicity rights.

(c) You will only use or access the Services using means explicitly authorized by VCSN . If applicable, it is your responsibility to ensure you download the correct Technology for your device. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Technology for your device. We reserve the right to terminate your use of the Technology and/or Services should you be using the Technology or Services with an incompatible or unauthorized device.

(d) You will not use or attempt to use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.

(e) You will not use or attempt to use the Services to cause nuisance, annoyance, or inconvenience.

(f) You will not use or attempt to use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting, or selling to any Merchant, User, or Contractor, unless VCSN has given you prior permission to do so in writing.

(g) You will not copy or distribute, or attempt to copy or distribute, the Technology or any content displayed through the Services, including any reviews or Merchants’ menu content or catalogs, for republication in any format or media.

(h) You will not directly or indirectly create or compile, or attempt to create or compile, any content or collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.

(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.

(j) You will keep secure and confidential your account password and any other login or identification credentials you use to access the Services.

(k) You will use the Technology and Services only for your own use and will not directly or indirectly resell, license, or transfer the Technology, Services, or content displayed by the Services to a third party.

(l) You will not use or attempt to use the Services in any way that could damage, disable, overburden, or impair any VCSN server or the networks connected to any VCSN server.

(m) You will not attempt to gain unauthorized access to any part of the Technology or the Services and/or to any account, resource, computer system, and/or network connected to any VCSN server.

(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures VCSN may use to prevent or restrict access to the Services or use of the Services or the content therein, and you will not attempt any of the foregoing.

(o) You will not deep-link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process, and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites, and you will not attempt any of the foregoing.

(p) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services, and you will not attempt any of the foregoing.

(q) You will not engage in conduct that harms, attempts to harm, or threatens the safety of other Users, Merchants, Contractors, VCSN, VCSN employees, or our community in any way whatsoever, and you will take reasonable steps to prevent the foregoing.

(r) You will not engage in threatening, harassing, racist, or sexist behavior or any other behavior that VCSN deems inappropriate when using the Services.

(s) You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Services.

(t) You will not abuse or attempt to abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time Users.

(u) Your participation in using the Services is for your sole, personal, or internal business use.

(v) You will not falsely or fraudulently claim that your order or items from your order were missing, incorrect, of poor quality, defective, or never delivered. In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.

6. Contractors and Merchants Are Independent.

(a) You understand and agree that VCSN provides the Services to connect you with independent Merchants that provide the products and services offered through the Services, and independent third-party Contractors who provide delivery and other services. You acknowledge and agree that VCSN is not a merchant, retailer, restaurant, grocer, pharmacy, chemist, delivery service, or food preparation business, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. Merchants are the retailers of the products or services offered through the Services. DoorDash is not in the delivery business, does not provide delivery services, and is not a common carrier. DoorDash provides the Services to facilitate the transmission of orders by Users to Merchants, including orders for pickup or delivery by Contractors and/or Merchants. DoorDash will not assess or guarantee the suitability, legality, or ability of any Contractor or Merchant. You agree that DoorDash is not responsible for the Merchants’ food preparation or product offerings, food or product handling, or the safety of the food or other products, or whether the photographs, images, menu or product listings, catalog, item descriptions, or other menu, product, or catalog information (including nutrition, ingredient, and/or allergen information) displayed through the Services accurately reflect the goods and services sold by the Merchants and/or delivered by the Contractor and/or Merchant, and does not verify Merchants’ compliance with applicable laws or regulations. You also acknowledge and agree that menu, product, or catalog listings, descriptions, or other information (including photographs or images or nutrition, ingredient, and/or allergen information) displayed through the Services may not have been provided directly by the Merchant. DoorDash has no responsibility or liability for acts or omissions by any Merchant or Contractor. You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Contractor and/or Merchant will be directed by your instructions to transport the products to your designated delivery location.

You agree that neither the Contractor nor VCSN holds title to or acquires any ownership interest in any goods that you order through the Services. You must not do anything which seeks to create an encumbrance, lien, charge, or other interest in or over the goods that you order until title has passed to you.

(b) Notwithstanding Section 6(a):(i)Orders placed through the Services with MIAMI Vice City Shop, Babados FOR NOW! | Wholesales, is the Merchant and is therefore the retailer of the goods sold. MIAMI Vice City Shop, is a subsidiary of VCSN, Inc. and is a Merchant listed on the Services.

7. User Account. You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized User of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User account, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify VCSN immediately. VCSN will not be liable, and you may be liable, for losses, damages, liability, expenses, and fees incurred by VCSN or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if VCSN has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, VCSN has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). We may enable or require you to use a single pair of login credentials to use the VCSN and/or CONNECT services. You agree not to create an account or use the Services if you have been previously removed by DoorDash, or if you have been previously banned from use of the Services.8. User Content(a) User Content. 

VCSN may provide you with interactive opportunities through the Services, including, by way of example, the ability to post or otherwise provide to VCSN Ratings and Reviews (as defined below), Feedback (as defined below), or other text, photos, images, or audio and video content (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post, and/or otherwise transmit through the Services. You further represent and warrant that any User Content submitted, posted, and/or otherwise transmitted through the Services by you or someone on your behalf or through your User account does not

(i) violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right;

(ii) contain material that is false, intentionally misleading, deceptive, defamatory, offensive, or, abusive, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation, or any physical or mental disability;

(iii) contain sexually explicit or violent content or photos, images, or videos of weapons, illegal drugs, or hate symbols;

(iv) contain any material that is unlawful or relates to unlawful conduct (including phishing and spoofing);

(v) create a privacy or security risk to any person, including by soliciting personal information from any person, or contain any confidential, sensitive, private, or personally identifiable information;

(vi) solicit money from any person;

(vii) contain financial, legal, medical, or other professional advice;

(viii) harm, abuse, harass, stalk, threaten, or otherwise offend;

(ix) reflect negatively on VCSN, including VCSN's goodwill, name, and reputation;

(x) tamper with, hinder the operation of, or make unauthorized modifications to our websites or Technology; (xi) otherwise result in civil or criminal liability for you, VCSN, or any third party;

(xii) violate any law or regulation; or

(xiii) violate this Agreement or any community or content guidelines that DoorDash may publish from time to time (including but not limited to the VCSN Review Guidelines). You hereby grant VCSN (including DoorDash’s service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use the User Content in connection with VCSN's business and in all forms now known or hereafter invented (collectively, “Uses”), without notification to and/or approval by you. You further grant VCSN a license to use your username, first name and last initial, profile photo (if available), and/or other User profile information, including, without limitation, your ratings history, to attribute User Content to you in connection with such Uses, without notification to or approval by you.

You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to VCSN herein shall survive termination of the Services or your account. VCSN reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or any community or content guidelines we may publish or that we consider to be objectionable for any reason. You agree that VCSN may monitor and/or delete your User Content (but does not assume the obligation to do so) or may decide to not publish, display, or otherwise make available your User Content for any reason at VCSN's sole discretion. VCSN may also access, read, preserve, and disclose any information as VCSN reasonably believes is necessary to satisfy any applicable law, regulation, legal process, or governmental request; enforce this Agreement, including investigation of potential violations hereof; detect, prevent, or otherwise address fraud, security, or technical issues; respond to User, Contractor, or Merchant support requests; or protect the rights, property, or safety of VCSN, our Users, and the public.(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to VCSN through its suggestion, feedback, wiki, forum, or similar pages (“Feedback,” which is considered User Content) is at your own risk and that VCSN has no obligations (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to VCSN (including DoorDash’s service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use such Feedback.(c) Ratings and Reviews. To the extent that you rate or post reviews of Merchants or other businesses, which may include but is not limited to text, photos, images, audio, or videos that you provide (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by VCSN and do not represent the views of VCSN or its affiliates. VCSN shall have no liability for Ratings and Reviews or for any claims of economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you acknowledge and agree that:

(i) you will base any Rating or Review on first-hand experience with the Merchant or business;

(ii) you will not provide a Rating or Review for any Merchant or business for which you have an ownership interest, employment relationship, or other affiliation or for any competitor of such a Merchant or business;

(iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Merchant or business;

(iv) Any Rating or Review you submit will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; (vii) we may decide to not publish, display, or otherwise make available your Rating or Review for any reason in our sole discretion; and

(viii) any Rating or Review you submit will comply with our Review Guidelines. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such Rating or Review without notice and take any additional action, in DoorDash’s sole discretion, as we deem necessary or appropriate.

9. Communications with VCSN.

By creating a VCSN account or using the Technology or Services, you agree to accept and receive communications from VCSN, Contractors, Merchants, or third parties providing services to you or VCSN, including via email, text message, direct message, chat, calls, and push notifications to the cellular telephone number you provided to DoorDash. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of VCSN and/or Contractors, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. For certain types of communications (for example, marketing, research, or product updates), you may be able to adjust the emails, text messages, push notifications, or other communications you receive from us in the VCSN mobile application, on our website, or through mechanisms or functionality available in the communication. For purposes of clarity, any text message you may receive from us, a Merchant, or a Contractor regarding an order is a transactional text message, not a promotional text message.

10. Electronic Records.

By creating a VCSN account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing VCSN at compliance@viceictyus.com with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this Agreement, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access, and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email VCSN at compliance@vicecityus.com with contact information and your mailing address. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that VCSN provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This paragraph does not affect your statutory rights.

11. Intellectual Property Ownership

VCSN alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Technology and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Technology or the Services, or any intellectual property rights owned by VCSN.

VCSN names, VCSN logos, and the product names associated with the Technology and Services are trademarks of VCSN or third parties, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Technology or the Services.

12. Payment Terms(a) Prices & Charges.

You understand that:

(i) the prices for menu or other items displayed through the Services may differ from the prices offered or published by Merchants for the same menu or other items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu or other items are sold and may change at any time without notice;

(ii) VCSN has no obligation to itemize its costs, profits, or margins when publishing such prices; and (iii) pricing may change at any time, in the discretion of VCSN or the Merchant (depending on which party sets the given price). For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower depending on the final in-store totals. In those situations, VCSN reserves the right to temporarily authorize or place a hold on your payment method for an amount that may be greater than the amount shown at checkout and to charge your payment method the final price after checkout. You are liable for all transaction taxes (other than taxes based on VCSN's income), including sales tax, use tax, goods and services tax, and other transaction taxes if applicable, on the Services provided under this Agreement (which, for the avoidance of doubt, includes any fees VCSN charges for DashPass subscriptions). If transaction taxes, including sales tax, use tax, goods and services tax, and other transaction taxes, are applicable, VCSN reserves the right to charge you additional amounts on account of such taxes. In the event that the charge to your payment method may incorrectly differ from the total amount, including subtotal, fees, and gratuity, displayed to you at checkout and/or after gratuity is selected, VCSN reserves the right to make an additional charge to your payment method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout and/or after gratuity is selected. All payments will be processed by VCSN and/or its payments processor, using the preferred payment method designated in your account. If your payment details change, you or your card provider may provide us with updated payment details. We may use these new details or details from other payment methods on file in order to help prevent any interruption to your use of the Services. This includes our right to charge any payment method on file if your initial form of preferred payment fails. It is your responsibility to keep your billing information up to date.

(b) Strikethrough Pricing (United States Orders). This Section 12(b) VCSN may use strikethrough pricing for certain items (for example, when presenting a discount or promotional price for items). VCSN does not represent that the strikethrough price was the regular or former price of items for any particular period of time and the time period may vary widely depending on the items. VCSN may also rely on Merchants or a third party to provide information about the regular or former price of items offered by those Merchants or a third party, and VCSN's strikethrough price therefore may represent the price that VCSN, a Merchant, or a third party offered the item for sale for some period of time. The strikethrough price may also be an introductory price that was offered for a short period of time. Unless otherwise specified, the strikethrough price represents a non-member discount to the extent the Merchant has a membership program.

c) Refunds.

(i) . Charges paid by you for completed and delivered orders, or for orders confirmed by a Merchant, are final and non-refundable. VCSN has no obligation to provide refunds or credits but may grant them gratuitously at VCSN's sole discretion in each case. You may be required to provide identification information and/or a signature upon pick up and/or receipt of certain orders, as communicated at the time you place your order; if you fail to provide the required identification information or signature for such an order, you agree and acknowledge that we will not honor any claim that your order was not delivered and you may be subject to a non-refundable restocking fee. 

(d) Promotional Offers and Credits. VCSN, at its sole discretion, may make promotional offers with different features and different pricing to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by VCSN; (iii) are subject to the specific terms that VCSN establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer or in the VCSN Terms and Conditions for Promotional Offers and Credits, which is, to the extent permitted by applicable law, incorporated in this Agreement by reference. VCSN reserves the right to withhold or deduct credits or benefits obtained through a promotion, or to charge additional amounts that would have applied to the transaction had the promotion not applied, in the event that VCSN determines or believes on reasonable grounds that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. DoorDash reserves the right to modify or cancel an offer at any time. The VCSN Terms and Conditions for Promotional Offers and Credits apply to all promotional offers. You agree that we may change the VCSN Terms and Conditions for Promotional Offers and Credits at any time. VCSN may also offer gratuitous credits, which can be used for the Services. Any credit issued by VCSN under this Section 12

(d) is valid for 6 months from the date of issue except to the extent prohibited under applicable law and may not be redeemed for cash or cash equivalent; however, your credits may expire earlier if your account is deactivated. Upon expiration, credits will be removed from your account. Expired credits are no longer redeemable and cannot be used towards any order. Credits issued to a User’s DoorDash or Caviar account may only be redeemed through that respective brand’s Services.

(e) Fees for Services. VCSN may change the fees that DoorDash charges you as we deem necessary or appropriate for our business, including but not limited to Delivery Fees, Service Fees, Small Order Fees, Expanded Range Fees, Regulatory Response Fees, and Surge Fees. VCSN may offer different pricing to customers based on a variety of factors, including but not limited to geographic areas or usage. DoorDash may also charge you additional fees as required by law. Further, DoorDash may charge Merchants fees on orders that you place through the Services, including commissions and other fees, and may change those Merchant fees as we deem necessary or appropriate for our business or to comply with applicable law. DoorDash may charge you a Service Fee for the convenience of ordering through the DoorDash platform. None of the Service Fee, Delivery Fee, Small Order Fee, Surge Fee, or any other fee charged to you by DoorDash is for any right to access, install, or use any Technology.

(f) Referral Program. VCSN Referral Program Terms and Conditions are incorporated herein by reference. Under the referral program (“Referral Program”), VCSN offers its registered Merchants in good standing the opportunity to earn gratuitous VCSN credits as promotional rewards by inviting their eligible Business partners to register as new VCSN Merchant and place their initial order through the Services by using a unique referral ID link (“Personal Link”). For each eligible referral generated through a Merchant’s Link, the Merchant may receive a gratuitous credit as specified on VCSN's Referral Program page. You agree that we may change the terms and conditions of the Referral Program or terminate the Referral Program at any time. If you do not agree to these changes, you should immediately cease participating in the Referral Program. Any credit issued by VCSN under this Section 12(f) is valid for 6 months from the date of issue except to the extent prohibited under applicable law and may not be redeemed for cash or cash equivalent; however, your credits may expire earlier if your account is deactivated. Upon expiration, credits will be removed from your account. Expired credits are no longer redeemable and cannot be used towards any order. Credits issued to a User’s VCSN or CONNECT account may only be redeemed through that respective brand’s Services.

(g) Gift Cards. Except as provided below, gift cards may be redeemable towards eligible orders placed on www.vicecityus.com or in the VCSN mobile application, on www.vicecityshops.app or in the CONNECT mobile application. But if you have a gift card that was purchased and used before September 15, 2020 in the United States, you must use any remaining balance of that gift card on the service (CONNECT or VCSN) where the card was first redeemed. Gift cards are issued by the following entities: Vice City CONNECT in the United States;Gift cards are not redeemable for cash except when required by applicable law. Gift cards are governed by the following Gift Card Terms and Conditions, which are incorporated herein by reference:(i) For gift cards purchased in United States dollars, see here.

h) SNAP/EBT (United States Orders but Excluding Puerto Rico Orders). This Section 12(h) applies to United States Orders (but excluding Puerto Rico Orders). VCSN permits customers in the United States (but excluding Puerto Rico) to purchase Supplemental Nutrition Assistance Program (“SNAP”) eligible items from select Merchants using a valid Electronic Benefits Transfer (“EBT”) card. For any transactions involving use of your SNAP EBT funds, a credit or debit card must also be linked to your VCSN account to pay for any fees, taxes, delivery tips, and any other items you purchase that are not SNAP-eligible. You have the option to view SNAP-eligible items on the VCSN platform by using a “SNAP” filter. SNAP-eligible items will also have a “SNAP” tag on their respective item details pages. By providing VCSN with your SNAP EBT card information, you represent and warrant that (i) you are legally authorized to use the SNAP EBT card provided; (ii) your SNAP EBT card is current and valid; and (iii) you authorize VCSN to use your SNAP EBT card information for transactions involving use of your SNAP EBT benefits. VCSN cannot accept EBT cash at this time.

13. Vicious SCORE Subscriptions

(a) General. Vicious SCORE is an automatically renewing subscription requiring recurring payments until canceled. A Vicious SCORE subscription grants you access to certain benefits (“ Vicious SCORE Benefits”) on eligible orders placed through the Services for eligible Merchants with a minimum subtotal (excluding taxes, fees, and tips) as indicated through the Services.

Vicious SCORE Benefits include reduced fees for and $0 delivery fees Orders. For certain VCSN orders that may have alternative fee structures (for example, a flat VCSN fee), Vicious SCORE Benefits may vary. VCSN reserves the right to change whether a Merchant is eligible for Vicious SCORE at any time with or without notice. You acknowledge that you are purchasing a Vicious SCORE subscription exclusively from Excelsior Investment International, Corp.

Vicious SCORE orders are subject to delivery driver and geographic availability, and taxes may apply to the cost of the items you order and/or to fees charged. You may provide an optional gratuity. Service Fees and other fees may apply. We reserve the right to add and modify fees that may apply to your DashPass orders. Your Vicious SCORE Benefits will extend to both VCSN and CONNECT (if applicable) when you register for a Vicious SCORE subscription. Vicious SCORE is offered for a monthly or yearly fee payable at the start of the relevant period. By signing up for Vicious SCORE, you agree that: (i) you will be charged your first Vicious SCORE subscription fee and any applicable taxes (such as sales tax, use tax, goods and services tax, and other transaction taxes) on the date you purchase your Vicious SCORE subscription or, if your subscription includes a free trial, on the day after your free trial ends; (ii) you authorize VCSN and its service providers to store your payment method for the purpose of executing future Vicious SCORE auto-renewal transactions; (iii) UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR VICIOUS SCORE SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD; and (iv) AT THE TIME OF RENEWAL, VCSN WILL AUTOMATICALLY CHARGE THE THEN-CURRENT VICIOUS SCORE FEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT WE HAVE ON FILE FOR YOU. If your payment details change, your card provider may provide us with updated payment details. We may use these new details or details from other payment methods on file in order to help prevent any interruption to your Vicious SCORE subscription. This includes our right to charge any payment method on file if your initial form of preferred payment fails. It is your responsibility to keep your billing information up to date. If any subscription fee is not paid in a timely manner or your transaction cannot be processed, we reserve the right to suspend, disable, cancel, or terminate your access to the Services or your DashPass subscription. You will be responsible for paying all past due amounts.

(b) Trial or Promotional Subscriptions. From time to time, VCSN may offer some customers trial or other promotional subscriptions to Vicious SCORE, whether directly from VCSN or in partnership with a third party. Such trial or promotional subscriptions are available only for Users who have not previously subscribed to Vicious SCORES (whether on a free or paid plan) and are subject to this Agreement and the VCSN Terms and Conditions for Promotional Offers and Credits except as otherwise stated in the promotional offer. If you do not cancel your free trial or promotional subscription within the trial or promotional pricing period, you agree to purchase a paid Vicious SCORE subscription at the then-current fee. When your free trial or promotional pricing period has expired, your subscription will automatically convert into a paid, automatically renewing Vicious SCORE subscription, and VCSN will bill you the applicable fee (plus applicable taxes, such as sales tax, use tax, goods and services tax, and other transaction taxes) unless you cancel. If you cancel Vicious SCORES before the trial period has expired, VCSN will not charge you for the Vicious SCORE subscription. If you purchase a Vicious SCORE subscription with a promotional code, each time your Vicious SCORE subscription renews, you will be charged the full billing amount. Only one trial or promotional subscription is available per household. If your Vicious SCORE subscription is ever terminated for any reason, you shall not be eligible for a free trial on any subsequent Vicious SCORE subscription.(e) Vicious SCORE Gift Subscriptions. DoorDash may offer customers the opportunity to purchase Vicious SCORE gift subscriptions (“Vicious SCORE Gift Subscriptions”) and then send these Vicious SCORE Gift Subscriptions to other customers to redeem (“Gift Subscription Recipients”). Such Vicious SCORE. Vicious SCORE Gift Subscriptions can only be purchased and redeemed by Users who have or create a valid Vicious SCORE account with a valid form of accepted payment on file. A Vicious SCORE Gift Subscription entitles the Gift Subscription Recipient to a Vicious SCORE subscription for the length of time identified in the Vicious SCORE Gift Subscription confirmation (the “Vicious SCORE Gift Subscription Period”). Vicious SCORE Gift Subscriptions cannot be redeemed by Vicious SCORES subscribers currently enrolled in any free, paid, or discounted partnership subscription plan (“Excluded Subscription Plans”). Any Gift Subscription Recipients of a DashPass Gift Subscription currently enrolled in an Excluded Subscription Plan may choose to transfer their Vicious SCORES= Gift Subscription to another customer. For Gift Subscription Recipients enrolled in an eligible existing paid Vicious SCORE subscription at the time of redemption of a Vicious SCORE Gift Subscription, such eligible existing paid Vicious SCORE subscription will continue through the end of the Gift Subscription Recipient’s current Vicious SCORE billing cycle before the Vicious SCORE Gift Subscription will be applied. For Gift Subscription Recipients enrolled in an eligible existing Vicious SCORE subscription currently in a free period at the time of redemption of a Vicious SCORE Gift Subscription, the Vicious SCORE Gift Subscription will be applied immediately upon redemption and any unused days in the previous free period will be forfeited.For all Gift Subscription Recipients, after the Vicious SCORE Gift Subscription Period ends, that subscription will automatically convert into a paid monthly Vicious SCORE subscription, and DoorDash will charge the Gift Subscription Recipient the applicable monthly fee to the preferred payment method designated in the Gift Subscription Recipient’s DoorDash account. All purchases of Vicious SCORE Gift Subscription are final and non-refundable.(

f) Cancellations. When you cancel a Vicious SCORES subscription, you cancel only future charges associated with your Vicious SCORES subscription. You may initiate your cancellation at any time through the Services, but the cancellation will become effective at the end of your current subscription period. Instructions on how to cancel are available here.

You must cancel at least one

(1) day before the next-scheduled subscription renewal date to avoid being charged for the next subscription period (for example, if the renewal date is January 10, you must cancel by 11:59:59 pm on January 9).If you participated in a free trial or other promotional subscription period for Vicious SCORE, you may cancel within the first 48 hours of your first paid Vicious SCORE subscription period and receive a full refund of your Vicious SCORE fee (as applicable). For both monthly and annual subscribers, if you cancel your Vicious SCORE subscription within the first 48 hours of your first subscription period and have not placed a Vicious SCORE-eligible order during that period, Vicious SCORE may, in its sole discretion, refund your Vicious SCORE fee. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future.

YOUR SUBSCRIPTION FEE IS NONREFUNDABLE and if you cancel your Vicious SCORE subscription, you will not receive a refund, but you can continue to enjoy the Vicious SCORE Benefits through the end of your then-current subscription period.

(g) Vicious SCORE Benefits for Certain Cardmembers

(i) Chase Cardmembers . Chase cardmembers in the United States (but excluding Puerto Rico) are eligible for certain Vicious SCORE benefits on both DoorDash and Caviar when an eligible Chase credit card is added to either account. The specific benefits depend upon which Chase credit card is added to your account. These benefits are subject to this Agreement and the VCSN Terms and Conditions for Promotional Offers and Credits as well as the following card-specific terms:(A) Chase Sapphire Reserve® (B) Chase Sapphire® & Chase Sapphire Preferred® (C) Chase Freedom(D) Chase Slate(E) Chase Co-BrandAdditional information about the Vicious SCORE benefits for Chase cardmembers can be found at our DashPass for Chase Cardmembers page.(ii) Mastercard Cardmembers (United States Only but Excluding Puerto Rico). Eligible World and World Elite Mastercard cardmembers in the United States (but excluding Puerto Rico) are eligible for certain Vicious SCORE benefits on both VCSN and CONNECT when they sign up for Vicious SCORE with their eligible World and World Elite Mastercard. These benefits are subject to this Agreement and the VCSN Terms and Conditions for Promotional Offers and Credits as well as the program-specific benefit disclosures available here.((h) Updates and Changes. VCSN does not represent or warrant that particular Vicious SCORE benefits or features will be offered indefinitely and reserves the right to, in its sole discretion, change the fees or alter the features and benefits associated with a Vicious SCORE subscription. If DoorDash changes the monthly or annual fee charged for a Vicious SCORE subscription, DoorDash will notify you and provide you with the opportunity to cancel your subscription before your Vicious SCORE subscription is renewed for another subscription term. If you do not wish to continue subscribing with the new subscription fees, you may cancel your Vicious SCORE subscription within the specified notice period. We may also notify you of Vicious SCORE feature changes. Your continued use of the Services after a fee or feature change becomes effective will constitute your acceptance of the change, and any updated terms and conditions will apply for the remaining subscription term and all renewals going forward.(i) No Transfer or Assignments and Cancellations by VCSN. Your Vicious SCORE subscription cannot be transferred or assigned. Vicious SCORE reserves the right to accept, refuse, suspend, or cancel your Vicious SCORE subscription at any time in its sole discretion. If Vicious SCORE cancels your Vicious SCORE subscription, you will receive a refund of your subscription fee on a pro rata basis based on the amount of time remaining in your pre-paid subscription, unless VCSN terminates your account or your Vicious SCORE subscription because it determines, in its sole discretion, that your actions or your use of the Services violates this Agreement or has harmed another User.14. Arbitration AgreementTHIS SECTION 14 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”Please read this Section 14 carefully. It requires that any and all claims between you and DoorDash be resolved by binding arbitration or in small claims court and, to the extent permitted by applicable law, prevents you from pursuing a class action or similar proceeding in any forum. Arbitration is required if your country of residence enforces arbitration agreements. If you are outside the United States, but attempt to bring a claim in one of those countries, arbitration is required for determination of the threshold issue of whether this Section 14 applies to you, as well as all other threshold determinations, including residency, arbitrability, venue, and applicable law. If your country of residence does not enforce arbitration agreements, the mandatory pre-arbitration dispute resolution and notification and prohibition on class actions or representative proceedings provided below still apply to the extent enforceable by law.

(a) Scope of Arbitration Agreement. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before, on, or after the effective date of this Agreement. You agree that any dispute or claim arising out of or relating in any way to the subject matter of the Agreement, to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding VCSN or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with DoorDash as a User of our Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be resolved by binding arbitration, rather than in court, except as otherwise required by law or as otherwise provided in this Arbitration Agreement. In addition, to the extent permitted by applicable law, either you or DoorDash may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

Either you or VCSN may also, to the extent permitted by applicable law, apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual. You may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

CASES HAVE BEEN FILED AGAINST VCSN—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.

IF YOU AGREE TO ARBITRATION WITH VCSN, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST VCSN IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

(b) Informal Resolution. You and VCSN agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and VCSN therefore agree that, before either you or VCSN demands or attempts to commence arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. For sake of clarification only, the informal dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Excelsior International that you intend to initiate an informal dispute resolution conference, email legal@excelsiorintl.org, providing your name, telephone number associated with your DoorDash account (if any), the email address associated with your DoorDash account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.(c) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certify completion of the informal dispute resolution conference pursuant to Section 14(b). If this notice is being sent to VCSN, it must be sent by email to the counsel who represented VCSN