1.ACCEPTANCE OF TERMS
This site is a service provided by the Velocity Services Corporation ("VS"). By
using this service you are agreeing to the Terms of Service ("TOS") set forth
in this agreement, which may be updated by us from time to time. Any updates to
the TOS will be noted on this Web site. In addition, when using, registering
and/or signing up for particular VS services, you and VS shall be subject to
any posted guidelines or rules applicable to such services. All such guidelines
or rules are hereby incorporated by reference into the TOS.
2.SERVICES
VS currently provides a variety of on-line sites, systems, resources and
services (collectively the "Services"), which we are constantly seeking to
improve and enhance. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service shall be subject to the TOS. You also
understand and agree that the Services are provided on an AS IS and AS
AVAILABLE basis. VS disclaims all responsibility and liability for the
availability, timeliness, security or reliability of any Services. VS also
reserves the right to modify, suspend or discontinue the any of the Services
with or without notice at any time and without any liability to you.
To comply with the Children's Online Privacy Protection Act, at this time all
Services are only available to users who are at least 13 years old. If you are
under 13, please do not use the Services.
3.PRIVACY POLICY
Registration Data and certain other information about you are subject to our
Privacy Policy. For more information, please see our full privacy policy at
http://www.velocitypowersports.com/privacy.aspx
4.PASSWORD AND ACCOUNT SECURITY
As part of some VS Services, you will receive a password and account
designation upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your password or
account. You agree to (a) immediately notify VS of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. VS cannot and will not be
liable for any loss or damage arising from your failure to comply with this
Section 4.
5.USE OF SERVICE
In consideration of your use of VS Services, you agree to use the Services as
intended by VS, and to refrain from any misuse of sites, services, and/or
systems made available by VS. Misuse of the service includes but is not limited
to any action described in below, or that compromises VS sites, services,
systems and/or any information contained therein. Misuse of the service will be
prosecuted to the fullest extent of the law. You agree to not use the Service
to:
a. upload, post, email or otherwise transmit any content, including but not
limited to e-mail communication, information, data, text, software, music,
sound, photographs, graphics, video, messages or other material ("Content"),
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
b.harm minors in any way;
c.impersonate any person or entity, including, but not limited to, a VS
employee, or falsely state or otherwise misrepresent your affiliation with a
person or entity;
d.forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content, including but not limited to e-mail commentary,
transmitted through the Service;
e.upload, post, email or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
agreements);
f.upload, post, email or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
g.upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
h.upload, post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
i.interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
j.access, collect or store personal data about other users. You acknowledge
that VS and its designees shall have the right (but not the obligation) in
their sole discretion to refuse or remove any Content that is available via the
Service. Without limiting the foregoing, VS and its designees shall have the
right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created or linked to by VS or submitted to
VS.
You acknowledge and agree that VS may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property, or personal
safety of VS, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
6.INDEMNITY
You agree to indemnify and hold VS, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, representatives and employees, harmless
from any claim or demand, including attorneys' fees, made by any third party
due to or arising out of Content you submit, post to or transmit through the
Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
7.NO RESALE OF SERVICE
All Services are provided for the use and enjoyment of visitors and registrants
to VS sites. You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
8.TERMINATION
You agree that VS, in its sole discretion, may terminate your password or use
of the Service, if VS believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. VS may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Services
under any provision of this TOS may be effected without prior notice. Further,
you agree that VS shall not be liable to you or any third party for any
termination of your access to the Services.
9.DEALINGS WITH ADVERTISERS & MERCHANTS
Your correspondence or business dealings with, or participation in promotions
of, advertisers and/or merchants found on or through the Services, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser and/or merchant. You agree that VS shall
not be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers and/or merchants found at the Services.
10.LINKS
The Services may provide, or third parties may provide, references and/or links
to other World Wide Web sites or resources. Because VS has no control over such
sites and resources, you acknowledge and agree that VS is not responsible for
the availability of such external sites or resources, and does not endorse or
sponsor and is not responsible or liable for any TOS, Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that VS shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
11.VS PROPRIETARY RIGHTS
All proprietary rights in the Services and any necessary software used in
connection with the Service or this Web site ("Software") are owned or licensed
for use by VS. This Web site is owned and operated by VS and except as
otherwise specified, VS owns all materials appearing on this Web site,
including the text, site design, logos, graphics, and images, as well as the
selection, assembly and arrangement thereof. You acknowledge and agree that the
Service and Software contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or
information presented to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by VS or advertisers, you agree not to
copy, modify, rent, lease, loan, sell, distribute, display, perform or create
derivative works based on the Service or the Software, in whole or in part.
12.GENERAL DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. VS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b.VS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d.ANY INFORMATION, IDEA, AND/OR EXPRESSIONS PRESENTED IN ANY MEDIUM BECOMES
PROPERTY OF VS AND MAY BE USED AT ANY POINT IN TIME AS DEEMED FIT BY VS WITHOUT
NOTIFICATION TO YOU AND WITOUT LIABILITY.
e.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VS OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
13. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT VS SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY
TO YOU.
15. TRADEMARK INFORMATION
All logos associated with VS and its Software and Services, products, Web
sites, and service names are trademarks of VS (“VS Property”). Without VS prior
permission, you agree not to display or use in any manner, any of the VS
Property. VS respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact us
legal@velocitysoftwareinc.com.
16. GENERAL INFORMATION
The TOS, along with terms and conditions provided to registrants and customers
of VS sites and services, constitute the entire agreement between you and VS
and govern your use of the Services, superseding any prior agreements between
you and VS. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and VS shall be governed by
the laws of the State of Virginia without regard to its conflict of law
provisions. You understand and agree that, except for the right of either party
to apply to a court of competent jurisdiction for a temporary restraining order
or preliminary injunction to preserve the status quo or prevent irreparable
harm pending the selection and confirmation of an arbitrator, any dispute
arising under or relating to these Terms and Conditions shall be resolved
through mediation and arbitration. You agree to first try to resolve the
dispute informally with the help of a mutually agreed upon mediator. If the
parties cannot agree on a mediator or fail to arrive at a mutually satisfactory
solution through mediation within 10 days following the commencement of such
mediation, the parties agree to submit their dispute to binding arbitration of
a single arbitrator in Stafford, VA according to the rules of the American
Arbitration Association. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.