Terms of Service
Welcome to Velocity Services. All content and information, both written and verbal, services, solutions, and software provided by our company at your place of business or on or through the web (collectively "Velocity Services") are services made available by Velocity Services Corporation (collectively "Velocity"), and may be used solely under the following terms and conditions ("Terms of Service").
Acceptance of Terms
This Terms of Service is a contract between you and Velocity. This contract applies to any Velocity Services (including pre-release, beta, or customized services). By using any Velocity Services you are agreeing to the Terms of Service set forth in this agreement and that all information you supply is true and correct. If you do not agree, do not use any Velocity Services. These Terms of Service may be updated by us from time to time, any updates will be noted by the last updated date on this page.
General Use of Services
In consideration of your use of Velocity Services, you agree to use the them as intended by Velocity, and to refrain from any misuse. Misuse of the Velocity Services includes but is not limited to any action described in below, or that compromises the service and/or any information contained therein. Any 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 Velocity 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 Velocity 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, Velocity and its designees shall have the right to remove any Content that violates the Terms of Service 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 Velocity or submitted to Velocity.
You acknowledge and agree that Velocity 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 Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Velocity, 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.
Velocity shall provide its services and meet its obligations under this Terms of Service in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in this industry, and will provide a standard of care equal to, or superior to, care used by service providers similar to Velocity on similar projects.
We are constantly seeking to improve and enhance Velocity Services. Unless explicitly stated otherwise, any new services or service features that augment or enhance the current service shall be subject to the Terms of Service. You also understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Velocity disclaims all responsibility and liability for the availability, timeliness, security or reliability of the service. Velocity also reserves the right to modify, suspend or discontinue any of the service with or without notice at any time and without any liability to you.
Velocity shall not be liable in damages, nor does the recipient have the right to terminate any agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond the Velocity's control including, but not limited to: Acts of God such as natural disasters (earthquakes, hurricanes, floods); Government restrictions; wars, riots or other major upheaval; performance failures of parties outside the control of the contracting party (e.g., disruptions in Internet service attributable to the ISP company; labor actions by employees that result in the inability to provide support or supply materials).
You agree to indemnify and hold Velocity, 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 performace of service, use of the service, your connection to the service, your violation of the Terms of Service, or your violation of any rights of another.
Both parties agree to not disclose, attempt to disclose, or attempt to use for the benefit of itself or a third party any Confidential Information and/or Intellectual Property (collectively, the "Proprietary Information") exchanged before, during, or after the affiliation of the Provider and Recipient without written consent from the owner of the Proprietary Information. Proprietary Information is considered to be any oral, written, electronic or other machine readable information which includes, but is not limited to: business processes, affairs, or activities; development plans; accounting; strategic alliances; client information.
No Resale of Services
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any Velocity Services, use of the those services, or access to the service.
All proprietary rights relating to, or in connection with Velocity Services are owned or licensed for use by Velocity. This site is owned and operated by Velocity and except as otherwise specified, Velocity owns all materials appearing on this site, including the text, site design, logos, graphics, and images, as well as the selection, assembly and arrangement thereof. You acknowledge and agree that Velocity Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained in sponsor advertisements or information presented to you through Velocity Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Velocity or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute, display, perform or create derivative works based on Velocity Services, in whole or in part.
Billing, Fulfillment & Payments
You agree that Velocity, in its sole discretion, may terminate your account and use of service, if Velocity believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Velocity 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 service under any provision of this Terms of Service may be effected without prior notice. Further, you agree that Velocity shall not be liable to you or any third party for any termination of your access or use of to the service.
Velocity reserves the right to assign its rights and obligations under this for any work provided under this service to a qualified third party designated by Velocity. In the event of such an assignment, the recipient agrees to look solely to the third party assignee for performance for this work.
GENERAL DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE VELOCITY SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VELOCITY 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. VELOCITY 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 SERVICES 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 VELOCITY AND MAY BE USED AT ANY POINT IN TIME AS DEEMED FIT BY VELOCITY WITHOUT NOTIFICATION TO YOU AND WITOUT LIABILITY.
e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VELOCITY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VELOCITY 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 VELOCITY 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.
All logos associated with Velocity and its services, products, web sites, and service names are trademarks of Velocity (“Velocity Property”). Without Velocity prior permission, you agree not to display or use in any manner, any of the Velocity Property. Velocity 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.
The Terms of Service, along with terms and conditions provided to registrants and clients of Velocity, constitute the entire agreement between you and Velocity and govern your use of Velocity Services, superseding any prior agreements between you and Velocity. 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 Terms of Service and the relationship between you and Velocity 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 Velocity Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.