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The following Terms and Conditions (“Terms”) between you (“you” or “your”) and Vintage Luxe Club, LLC. (“we,” “our,” “us,” or “VLC”) describes the terms and conditions on which you may use and access the Vintage Luxe Club website via joinvlc.com (the “Site”), handbags, and other accessories on the Site (each a “Product” and collectively “Products”), content including text, images, or any other media on the Site or elsewhere (“Content”), and services including renting or purchasing Products (together with the Site, Products, and Content, the “Services”). By using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms, and other content and agreements governing your use of the Services, including our Privacy Policy.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST USED THE SERVICES. BY USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE SITE, PRODUCTS, OR SERVICES.
- General
About Membership. Through the Services, we allow members to rent and/or purchase Products. A member is charged a monthly membership fee (“Membership Fee”), in exchange for which he or she can rent a Product or Products for the duration of his or her membership. We offer three (3) membership plans (“Membership Plan”) as described at joinvlc.com/plans: “Classic,” “Select,” and “VIP”. Your Membership Plan determines your Membership Fee and the number of Products that you can borrow at one time and per month.
Product Tiers. We do not offer Product Tiers, with the exception of the “Vault” collection. All members are able to select from any of the available Products on joinvlc.com. If a member wishes to select a product from the “Vault” collection, he or she shall pay the corresponding “add-on” fee associated with “Vault” collection pieces. This applies to all members regardless of membership tier.
Membership Plans and Pricing. You will be charged at the then-current Membership Fee associated with your Membership Plan. The current Membership Fee associated with each Membership Plan is set out on the Site, but is subject to change at our discretion. You will be given at least 30 days’ notice for any such impending Membership Fee increase.
Eligibility. Only adults over the age of 18 may become Members and only Members may rent or purchase Products. Our Products may be rented by a Member for use by other individuals, including an individual under the age of 18. However, the renting Member remains fully responsible for other individual’s use of the Products or Services, including all legal liability he or she may incur. If you are under 18 years of age, you may only use the Services with the approval of your parent or legal guardian, who agrees to be bound by these Terms on your behalf.
Modification of the Terms or Services. VLC may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason, and without prior notification. We encourage you to revisit and reread these Terms regularly and frequently. Any use of our Site at any time constitutes full acceptance of our service Terms.
Conflict of Terms. In the event these Terms conflict with other content and agreements governing your use of the Services, these Terms shall prevail.
Privacy. To learn more about our privacy practices, please read our Privacy Policy which is available at www.joinvlc.com/privacy
- Registration and Membership
Registration. In order to be a Member and use most aspects of the Services, including renting and/or purchasing Products, you must register for and maintain an active Membership account (“Membership Account,” “Membership,” or “Account”). In order to register, you must submit your email address and create a password or sign. If you register and/or sign in using your Facebook or Google account, you authorize us to access and use certain Facebook or Google account information (for more information regarding the information we collect from you and how we use it, please consult our Privacy Policy). Account registration requires you to submit to VLC certain personal information, such as your name, address, mobile phone number and date of birth, as well as at least one valid payment method (defined in Section 3). You agree to maintain accurate, complete, and up-to-date information on your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including but not limited to having an invalid or expired payment method on file, may result in termination of your Membership, suspended access to the Services, your Membership being deemed in default (as defined below), and/or initiation of collection procedures.
Account Security. You are solely responsible and liable for any authorized or unauthorized access to your Membership Account by any person and you agree to maintain the confidentiality of your login information and password and/or Facebook or Google login credentials. You agree to bear all responsibility for the confidentiality of your Account information and all use or charges incurred from the use of the Services with your Account. You agree to notify VLC promptly of any unauthorized use of your Account. You are not allowed to have more than one Account without prior written consent from VLC.
Discretionary Membership. Membership is limited and may not always be available. Registration does not guarantee continued Membership. VLC may revoke, cancel, or deny your Membership at any time and for any reason. If your Membership is revoked, canceled, or denied prior to us ever dispatching a Product to you, you shall receive a full refund of any fees you incurred.
Waitlist. VLC may implement a waitlist (“Waitlist”) for aspiring members (“Waitlisted User”) for all or some Membership Plans. If a Waitlist is in place for a Membership Plan, it will be noted on the Website. Registering for the Waitlist requires the same information as registering for an Account and is subject to the same rules. Approval for Waitlisted Users is at VLC’s discretion and does not guarantee Membership. Approved Waitlisted Users will receive an email notification and must activate Membership within 7 days. Failure to activate within this timeframe or without a valid payment method may result in the loss of your Waitlist position.
Soft Credit Check. By registering for Membership or the Waitlist, you authorize VLC to conduct a soft credit inquiry (“Soft Credit Check”) through a third-party consumer reporting agency to assess Membership eligibility. This inquiry will not impact your credit score. Membership is contingent upon a satisfactory credit check. If you do not meet our eligibility criteria, you may be notified through our automated system or other means, and any collected subscription fees will be refunded. VLC will use credit information solely to evaluate eligibility for Membership and will not use such information for marketing or any unrelated purpose.
Compliance and Non-Discrimination. We conduct all Soft Credit Checks in compliance with the Fair Credit Reporting Act (FCRA) and all other applicable laws and regulations. We ensure that all credit assessments are fair, lawful, and transparent, and that your credit information is collected, stored, and used only in accordance with these Terms and our Privacy Policy.
- Fees and Payment
Payment Method. You must provide valid payment upon registration. Valid payment methods for Members are credit cards or debit cards with minimum credit limit of $500 during the entirety of your membership. Prepaid debit or credit cards are not considered valid payment methods for any Membership Plan. You hereby authorize VLC or our third party payment processor to charge your payment method for all fees set forth in the Terms herein. You agree to keep your payment method information accurate and up to date and to always maintain a valid payment method on your account.
Temporary Authorization Hold. You hereby authorize VLC or our third-party payment processor to place a temporary authorization hold (“Temporary Hold”) of up to $500 on your payment method at any time during your membership for validation and security purposes. This may occur, including but not limited to, upon registering for an Account or Waitlist, upgrading your membership, or confirming the validity of your payment method. The Temporary Hold will be immediately released, but the timing of when the funds become available again is determined by your bank or payment provider.
Security Deposit (Not Generally Required). Typically, no security deposit is required. However, it may be required in cases such as for users outside the continental U.S. or those deemed high-risk. We will inform you if a security deposit is necessary and will not charge it without your consent. Security deposit amounts vary but will not exceed $500. Deposits are refunded after returning all rented Products in good condition and canceling your Membership. Delinquent Accounts may result in forfeiture of part or all the deposit, and collections procedures may be initiated if the balance exceeds the deposit.
Membership Fees. Membership Fees can be paid monthly. Your Membership starts upon processing of your initial payment. Monthly Fees are charged every 30 days. You authorize recurring charges to your payment method until you cancel. Membership Fees include 2-day shipping and limited insurance for minor wear and tear, but not for significant damage, loss, or theft. Fees are non-refundable except as expressly stated. Taxes may apply.
Product Purchases. You may only purchase Products that you are currently renting. Each Product is available for purchase for its member’s price (“Member Price” or “Purchase Fee”). The Product’s Member Price can be seen on the Product page. Taxes may apply.
Purchase Credit. Members do not earn Purchase Credit that may be used towards Product Purchases for each month of Membership at this time.
Canceling Your Membership. To cancel your Membership, email info@joinvlc.com. You may cancel anytime provided no outstanding Products or balances. Cancellation is immediate upon receipt of a valid request. Erroneous charges post-cancellation will be refunded. Cancellation Requests must be made via email. If Products are not yet returned and received by VLC, your Cancellation Request will be withdrawn, and you will need to resubmit a new Cancellation Request.
Membership Upgrades. You can manage Membership upgrades through your profile page. Monthly Membership upgrades are prorated and go into effect immediately.
Membership Downgrades. You can manage Membership downgrades through your profile page. Downgrades take effect in the subsequent billing period.
Non-Returnable Products. Products that are lost, stolen, destroyed, or excessively damaged (“Excessive Damage” defined as repair costs exceeding 30% of the retail value) are considered non-returnable. You are liable for the Purchase Fee for each Non-Returnable Product.
Charge for Non-Returnable Product. The Purchase Fee for a Non-Returnable Product is due when Membership ends or when the Product is deemed non-returnable. You authorize VLC to charge your payment method for this fee. You will own the Product upon charging.
Exceptions for Products Lost or Damaged by Shipping Provider. Products lost or damaged while with the shipping provider (“Lost in Shipping Product”) are not your liability. A Product is considered in the shipping provider’s custody when scanned as received and before scanned as delivered. If not scanned as received, a receipt from the provider is required. You must use provided postage unless otherwise instructed. You are responsible for any loss or damage that is incurred as a result of using unauthorized shipping methods.
Past Due. If your payment fails and you have outstanding Products, your account will be considered Past Due. In this case, you are liable for the Purchase Fee of any outstanding Products, in addition to the subscription fee. You will not be able to order new Products until the outstanding balance, including the Purchase Fee for any Products, is paid in full.
Delinquent. Accounts with outstanding Products and failed payments become Delinquent immediately if active 30 days or less, or after 30 days of Past Due status for longer memberships. Delinquent accounts must settle all obligations before Membership cancellation.
Continued Charge Attempts. You authorize VLC to charge or attempt to charge your payment method until all outstanding amounts are paid or you are expressly absolved of obligations.
Purchase Fees for Terminated Accounts. If your Account is terminated by VLC, you must return all Products immediately. Failure to return Products within 10 business days of termination notice authorizes VLC to charge your billing method for Purchase Fees of all outstanding Products.
Demand for Return of Products in Special Circumstances. VLC or its creditors may demand the return of Products in cases of Terms violation, Terms or Services changes, insolvency, or creditor rights. Failure to return Products within 10 business days of demand authorizes VLC to charge your billing method for Purchase Fees of outstanding Products.
Collections and Procedures for Delinquent Accounts. Accounts Delinquent for 14 or more days may face collections procedures, including sharing information with third-party collection agencies and legal actions. Accounts Delinquent for 21 or more days may also involve filing a police report.
- Products
Rental Time. As long as you comply with these Terms, including payment of fees and return requests, there are no time limitations on how long you may keep any Product from VLC.
Product Risks. We clean, sterilize, and inspect each Product before sending it to you, but using the Products is at your own risk. VLC is not liable for any health issues or damages resulting from the use of the Products.
Member’s Product Responsibilities. You agree to handle all Products with care and follow VLC’s care instructions. You are responsible for any loss, damage, or destruction of Products due to theft, fire, mysterious disappearance, or other causes beyond normal wear and tear. This includes unauthorized alterations or failure to follow care instructions. If any components sent with a Product are not returned, VLC reserves the right to charge you the Purchase Fee for the Product.
Authenticity of Products. We ensure that all Products are authentic by sourcing them directly from designers or reputable third-party sources that guarantee authenticity. We inspect each Product and only list those we believe to be genuine. Brands featured on the Site are not affiliated with VLC unless explicitly stated.
Deviation from Product Descriptions or Images. We strive to represent Products accurately through descriptions and images, but there may be differences between the actual Product and its online representation. Products might show more wear in person than depicted online and may change in color or appearance over time.
- Shipping, Delivery, and Exchange
Delivery and Receipt of Products. All deliveries will be handled by VLC’s designated shipping partners, which may change from time to time at our discretion. The shipping method used will be determined by VLC. You are responsible for all Products delivered to your address. You acknowledge that shipping to an address where an individual can physically receive the Product is strongly recommended. If a Product is left unattended and goes missing, you agree to bear all liability for loss, theft, or disappearance of that Product.
Returns. You must return at least one (1) Product to us in order to be eligible to receive another Product. With each delivery of Product(s), VLC will provide you with a prepaid, pre-addressed shipping label (“Return Label”) and a VLC-branded box (“Product Box”). The Product Box is not yours to keep. When you are ready to return any of your Products, place said Product(s) in the Product Box in which they arrived, place the Product Box in the provided unused mailer (“Return Mailer”), securely seal the packaging, and affix the Return Label to the packaging (unless the Return Label is already affixed to the Return Mailer). Drop off the shipment with a representative at an authorized shipping location of the designated shipping provider (for example: “UPS and Authorized UPS Drop Off”). You must receive an official receipt from the shipping provider confirming that they received the Product in order to make any claim of liability against the shipping provider if the Product is not scanned as received by the shipping provider. The name of our shipping partner will be stated on the shipment and/or the Return Label. The Return Label may be used to return one, some, or all of the Products you currently have. When we receive any shipment of returned Products from you, our next shipment to you will consist of the number of Products that you have returned.
Return Label and Packaging. We will provide a Return Label each time we send you a Product, unless we have previously sent you a yet-unused Return Label. VLC will provide you with at most one Return Label at any given time. If you have sent us Products with the provided Return Label and retained other Products, you agree not to send us the retained Products until you have received a new Return Label. If you lose your Return Label, contact us to receive a new one. If the original packaging has been lost or damaged, you may use alternate packaging so long as that packaging (a) is sufficiently secure such that the Products will not be damaged in transit and (b) you have verified with our shipping partner that the alternative packaging can be used with the Return Label. If you send VLC Products with a shipping method different from the one required by the Return Label, you bear all costs and liabilities associated with shipping said Products, and shipment of subsequent Products by VLC may be delayed.
Exchange Eligibility. You are eligible to receive a replacement Product once at least one Product has been received by VLC in satisfactory condition, as determined in VLC’s sole discretion. Products returned that are lost, stolen, damaged, or otherwise non-returnable as described in Section 3 may delay or preclude subsequent shipments until the applicable Purchase Fee has been paid in full. VLC reserves the right to withhold new shipments if your Account is Past Due or Delinquent as defined in Section 3.
Risk of Loss During Shipping. Products lost or damaged while in the custody of the shipping provider are not your liability. A Product is deemed to be in the custody of the shipping provider from the time it is scanned as received by the provider until it is scanned as delivered to your address. If you fail to use the provided Return Label or otherwise deviate from VLC’s shipping instructions, you assume all risk of loss or damage for the Product until it is received by VLC. You are responsible for ensuring that the Products are properly packaged and shipped in accordance with VLC’s instructions.
- Cancellation and Termination
Cancellation by Member. To cancel your Membership, you must email us at info@joinvlc.com stating your intent to cancel and return all VLC Products in your possession. Your cancellation does not take effect until (1) you notify VLC of your intent to cancel and (2) VLC has received all Products you have been renting. You must return all Products before the end of the billing period in which you intend to cancel your Membership to avoid being charged a Membership Fee for the subsequent billing period. If VLC does not receive all of your Products by the end of the billing period in which you communicated your intention to cancel, VLC will charge you a Membership Fee for the subsequent billing period, and your Membership will remain active until all Products are received by VLC.
Cancellation by VLC. Any violation of these Terms may result in suspension or termination of your Membership and/or access to the Services. VLC may also terminate your Membership if it determines that your conduct poses a risk or liability to VLC, or for any other reason in its sole discretion. VLC may also cancel the Services for any reason in its sole discretion. If we cancel the Services or your Membership for reasons other than your conduct or violation of these Terms, we will provide you with a prorated refund for the remainder of your subscription period, provided all Products are received by us within ten (10) days of notification of cancellation.
Effect of Cancellation. Upon cancellation of your Membership, you must immediately return all Products in your possession. You remain responsible for all fees, including outstanding Membership Fees and Purchase Fees, until all Products are received by VLC and all charges are paid in full. If your Membership is canceled while any Products remain outstanding, VLC reserves the right to charge your payment method for the applicable Purchase Fees as described in Section 3.
Failure to Return Products After Cancellation. If VLC has not received your Products within ten (10) business days after your Membership has been canceled—whether canceled by you or by VLC—you will be liable for the Purchase Fees for all Products not yet received by VLC by that date. You hereby authorize VLC to charge your payment method for such Purchase Fees without further notice.
Reinstatement of Membership. If you wish to rejoin VLC after cancellation, you may be required to reapply for Membership and may be subject to any applicable Waitlist, credit check, or eligibility criteria in place at that time.
- Content and Intellectual Property
Updates to Content. We do not represent or warrant that all VLC Content, including Product descriptions and specifications, is accurate, complete, or current. We reserve the right to correct any errors or omissions, and to change or update information, including Product pricing, at any time and without prior notice to you.
Third Party Content. The Services may refer to or incorporate non-VLC websites, products, services, or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and VLC is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from VLC, and VLC has no control over the Third Party Content. In addition, including or referring to Third Party content does not imply that VLC endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
Use of VLC Content. No part of the Services, including VLC Content, may be reproduced or transmitted in any form, by any means except that VLC authorizes you to view, copy, download, and print VLC Content provided that: (a) you use the VLC Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the VLC Content; and (c) you do not remove any copyright, trademark, or proprietary information in the VLC Content.
Your Content. If you post, upload, or make available to VLC or the Services, or otherwise submit to or through VLC as part of your use of the Services, any information, data, text, images, files, links, software, chat, communication or other materials (“Your Content”), you hereby grant to VLC a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, and transmit, and otherwise exploit Your Content and biographical information in connection with Your Content in all media formats and distribution methods now known or hereafter devised in connection with the Services without notice to or permission from you. By submitting Your Content, you represent and warrant that Your Content conform to these Terms and that you own or have the necessary rights to said content.
Copyright. The Services, including VLC Content, are the property of VLC or that of third parties and is protected by United States and international copyright law. You may not copy and disseminate VLC Content without our expressed authorization or that of a third party that may own such VLC Content.
Trademarks. The trademarks logos, service marks and trademarks (“Trademark Materials”) of VLC and of third parties may not be used without our expressed authorization or that of a third party that may own such Trademark Materials.
Services License. Subject to your compliance with these Terms, VLC grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes.
- Dispute Resolution, Arbitration, and Class Action Waiver
This section includes an arbitration agreement and an agreement that all claims will be brought on in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and VLC, you will first contact VLC and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without any limitation any court action.
Arbitration Agreement. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of VLC Services (including but not limited to VLC Content and Products) or relating in any way to VLC’s communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and VLC. However, this arbitration does not (a) govern any claim by VLC for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases.
Arbitration Information. Arbitration is less formal than a lawsuit in court. Instead of a judge or jury, disputes in arbitration are resolved by a neutral arbitrator. Except to the extent the parties have agreed otherwise, arbitrators can award the same damages and relief as a court. You agree that the US Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and VLC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
Arbitration Procedure. If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to VLC, Attn: Legal, 801 Shelby St, Suite 554, Indianapolis, IN 46203. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules, including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling (800) 778-7879. The number of arbitrators shall be one (1). You may choose to have the arbitration conducted via telephone, mail, or in person. The arbitration will be conducted in the English language. Indiana law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Arbitration Fees. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Authority over Arbitration Agreement. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. However the preceding sentence shall not apply to the arbitration waiver below.
Arbitration Opt-Out. If you do not want to arbitrate disputes with VLC and you are an individual, you may opt out of this arbitration agreement by emailing us at info@joinvlc.com within thirty (30) days of the first date you access the Site or use any of the Services.
- Miscellaneous
Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET OUT HEREIN, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, VLC DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL VLC BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF VLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Use of the Services. You may not use the Services for any illegal or unauthorized purpose. It is strictly forbidden to use the Services to transmit any content, information, or other materials that are obscene, abusive, threatening or defamatory or to use the Services to contact, advertise, or solicit to another user.
Suspension or Termination by VLC. Any violation of these Terms may result in suspension or termination of your membership and/or access to the Services. VLC may also terminate your account if it determines that your conduct poses a risk or liability to VLC, or for any other reason as determined by VLC in its sole discretion. VLC may also cancel the Services for any reason in its sole discretion. If we terminate the Services or your Membership for reasons other than your conduct or violation of these Terms, we will provide you with a prorated refund for the remainder of your subscription period so long as all Products are received by us within 10 days of providing you with notice of termination.
Indemnification for Breach. By use of the Services, you agree to indemnify, hold harmless and defend VLC and its officers, directors, agents, and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
Governing Law and Venue. These Terms are governed and interpreted pursuant to the laws of the State of Indiana, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a state or federal court located in Clark County, Indiana, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
Entire Agreement. These Terms are the entire agreement between you and VLC relating to the subject matter herein and shall not be modified except by VLC in accordance with these Terms, or as otherwise agreed in writing by you and VLC. No employee, agent or other representative of VLC has any authority to bind VLC with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
Severability and Waiver. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Assignment. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. VLC may assign these Terms at any time without notice to you.