Terms of Service

Introduction

The terms and conditions stated in this Terms of Service (the “Agreement”) govern your participation as the purchaser of Services (“Services”) developed and maintained by Virtual Xperiences LLC as made available through the Virtual Xperiences LLC website (www.engagevx.com) (“Website”). All references herein to “Client” or “you” refer to any person using or completing checkout on the Engage VX website (www.engagevx.com) or any person booking an Xperience or Gift Kit order through a Virtual Xperiences sales representative. All references to “Xperience”, “Virtual Xperience”, or “Event” refer to any virtual gathering, performed on any online platform, that is hosted by Virtual Xperiences LLC on behalf of the Client. 

Use of Virtual Xperiences LLC services and website indicates that you accept and agree to all of the terms and conditions stated in this Agreement as well as the Virtual Xperiences LLC Privacy Policy, each of which are incorporated into this Agreement by this reference. This Agreement will take effect at the time you access the website. 

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.

Virtual Xperiences LLC include certain features and functionalities to facilitate sales of Xperience Services on the website, which features may include, without limitation, Xperience Kit listings, search functions, Chef biographies, User reviews, order-taking functions, payment processing mechanisms, address collection, and other features, at the sole discretion of Virtual Xperiences LLC.

As between Virtual Xperiences LLC and you, Virtual Xperiences LLC’s role is solely
(a) to facilitate the availability of Virtual Xperiences and curated Xperience kits
(b) to collect payment from Users.

VIRTUAL XPERIENCES LLC CANNOT AND DOES NOT CONTROL THE PREPARATION OF ANY FOOD, THE INGREDIENTS USED, THE CONDITION, LEGALITY, OR SUITABILITY OF ANY FOOD SERVICES OR THE KITCHENS IN WHICH THEY ARE PREPARED. FOOD SERVICES MAY BE PREPARED IN KITCHENS THAT ARE NOT SUBJECT TO REGULATION OR INSPECTION BY ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AUTHORITIES. VIRTUAL XPERIENCES LLC IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO ANY FOOD OR INGREDIENTS OFFERED FOR SALE THROUGH VIRTUAL XPERIENCES LLC. ACCORDINGLY, ANY PURCHASE AND CONSUMPTION OF FOOD OR INGREDIENTS BY YOU ARE MADE AT YOUR OWN RISK.

 

Food Allergies; Virtual Xperiences LLC Disclaimers

YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU OR THOSE YOU ARE ORDERING FOR MAY HAVE AND FOR VERIFYING THE CONTENT OF THE FOOD AND THEIR INGREDIENTS AND THE WAY IN WHICH THE FOOD OR INGREDIENTS ARE PREPARED BEFORE HANDLING, USING OR CONSUMING SUCH FOOD. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT OUR WAREHOUSE MAY STORE AND USE INGREDIENTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.

VIRTUAL XPERIENCES LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY ILLNESS OR OTHER RESULTS OR DAMAGE CAUSED BY THE CONSUMPTION OF ANY FOOD SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DEATH, BODILY INJURY, OR HEALTH PROBLEMS, OR ANY OTHER NEGATIVE EXPERIENCE WITH ANY FOOD OR INGREDIENT ORDERED THROUGH THE WEBSITE. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.

 

Zoom Waiver

Client understands that Zoom links provided by Virtual Xperiences LLC are the recommended streaming platform and the only platform guaranteed to meet our brand expectations for production quality. The client accepts the risk and responsibility for any technical issues and/or disruption to the Xperience that may result from using a non-preferred platform. Virtual Xperiences LLC does not send out invitations to participants for any contracted Xperience; Client is wholly responsible for the sharing and security of their Xperience meeting link(s). Virtual Xperiences LLC is not liable for any disruptions or breaches that may occur before, during, or after the Xperience due to outside sources gaining access to the Xperience link. The Xperience host will allow all guests into the Xperience from the Zoom waiting room unless alternate instructions are disclosed in writing at least 2 weeks prior to the Xperience date. Virtual Xperiences LLC recommends the use of additional security measures such as a registration page that both grants access to the Zoom waiting room and identifies participants, as well as Zoom room password protection. 

 

Release of Liability And Hold Harmless

To the extent permitted under applicable laws, you expressly absolve and release Virtual Xperiences LLC and its affiliates, officers, directors, employees, agents, and other representatives from any liability or claim of harm related to or resulting from (a) any incorrect or inaccurate information about any Food or Ingredient posted on the Virtual Xperiences LLC website, whether caused by our error or by any of the equipment or programming associated with or utilized by the website; (b) any injury, loss, or damages caused by a Chef, any other User, any Food or Ingredient, or Food or Ingredient information posted on or in connection with the website, whether online or offline; (c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the website, (d) severe weather, earthquakes or other natural disasters, strikes or other labor problems, wars, or (e) governmental or regulatory restrictions or actions.

 

Changes To This Agreement

Virtual Xperiences LLC reserves the right to make any changes to this Agreement at any time with or without advance notice to you. When these changes are made, Virtual Xperiences LLC will post at its website the revisions to the appropriate section of the website for review. A revised Agreement is effective immediately when posted. It is your responsibility to review periodically to learn of any revisions to this Agreement. Your continued use of and participation in the Marketplace after the posting of such revisions will constitute your acknowledgment and acceptance of the terms of the revised Agreement.

 

Additional Disclaimers

VIRTUAL XPERIENCES LLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY OF THE FOOD OR INGREDIENTS PROVIDED. WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

THE VIRTUAL XPERIENCE WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. VIRTUAL XPERIENCES LLC MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE WEBSITE MADE AVAILABLE BY VIRTUAL XPERIENCES LLC. NEITHER VIRTUAL XPERIENCES LLC NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. NEITHER VIRTUAL XPERIENCE LLC NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES MAKES ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION. Some jurisdictions do not allow the disclaimer of certain warranties. Accordingly, only the disclaimers which are lawful in your jurisdiction will apply to you, and our liability will be limited to the maximum extent permitted by law.

 

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER VIRTUAL XPERIENCES LLC NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES SHALL BE LIABLE TO YOU FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION OF LIABILITY SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF THE WEBSITE; (II) ANY CHANGES WHICH VIRTUAL XPERIENCES LLC MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THEM); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE; (III) YOUR FAILURE TO PROVIDE VIRTUAL XPERIENCES LLC WITH ACCURATE ACCOUNT INFORMATION; OR (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON VIRTUAL XPERIENCES LLC’S LIABILITY TO YOU IN THIS SUBSECTION SHALL APPLY WHETHER OR NOT VIRTUAL XPERIENCES LLC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSS. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Notwithstanding the foregoing, total liability of Virtual Xperiences LLC for any reason whatsoever related to use of the Website shall not exceed the total amount paid for Services or Xperience Kits in connection with the subject matter of the particular dispute.

 

Term and Termination

This Agreement shall remain in effect for as long as you participate with Virtual Xperiences LLC. Virtual Xperiences LLC may temporarily or permanently stop providing the Website, or terminate this Agreement, at any time if (a) you have breached any provision of this Agreement, (b) Virtual Xperiences LLC is required to do so by law, (c) Virtual Xperiences LLC believes, in its sole discretion, that you have committed fraud with respect to your access to and use of the Website, (d) the provision of the Marketplace to you or others by Virtual Xperiences LLC is, in Virtual Xperiences LLC’s sole opinion, no longer commercially viable, or (e) Virtual Xperiences LLC is no longer providing the Website to customers in the jurisdiction in which you reside or from which you use the Website. Termination is effective without notice. Virtual Xperiences LLC may disable access to your Account or otherwise prevent you from accessing the Website. All provisions of this Agreement which by their nature should survive, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

 

Governing Law

This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to principles of conflicts or choice of law.

 

Dispute Resolution

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with your participation in the Marketplace or any matter concerning Virtual Xperiences LLC (collectively “Disputes”) shall be governed exclusively by the laws of the Commonwealth of Virginia, excluding its conflict of law provisions.

If a Dispute arises under this Agreement, we agree to first contact each other with a written description of the Dispute, all relevant documents and information, and the proposed resolution. You agree to contact us with Disputes by writing to us at Virtual Xperiences LLC 4420 Fairfax Drive, #102, Arlington, VA 22203. Virtual Xperiences LLC will contact you by letter or email to your address that we have on file for you.

If any Dispute cannot be resolved informally, we each agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolution Procedures in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Virginia: (i) any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

You shall have thirty (30) days from the date you contract an Xperience with Virtual Xperiences LLC or complete checkout for an Xperience on the Website to opt-out of this arbitration agreement. To opt out of arbitration you must contact us at su*****@******vx.com. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.

 

Miscellaneous

This Agreement, including the Virtual Xperiences LLC Privacy Policy which is incorporated herein, constitute the entire agreement of the parties with respect to your use of the Website. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. Section headlines are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. You agree that this Agreement and all agreements and notices incorporated herein may be automatically assigned by Virtual Xperiences LLC, in our sole discretion, to a third party. You may not assign your obligations to any other person or entity.