Last updated: January 2008
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").
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.
Velocity is committed to safeguarding the privacy
and security of the information we collect.
We collect, retain and use information about you only for specific business purposes and where we
reasonably believe that it will help administer our business or provide products and services to you. The
information is used to protect and administer your records, account, and funds; to comply with certain laws and
regulations; and to help us design and enhance our products and services offerings so that we may provide you with
quality products, services, and superior customer support.
We do not license, sell, rent or trade any collected business information, including contact information or specific
information about your accounts or other personally identifiable information unless: (1) you request or authorize
it; (2) information is provided to help complete a transaction initiated by you; (3) information is provided to a reputable
credit bureau or similar information reporting agency; or (4) the disclosure otherwise is lawfully permitted or requested.
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.
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.
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).
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.
This service requires payment by Check, and follows the procedures described in both Billing, Fulfillment & Payments and Billing for Invoiced Services. All
work performed under this service is billed at an hourly rate, either based on Per-Issue or Support Contract.
Per-Issue is Invoiced on completion of work and Due on Invoice, whereas a Support Contract would offer NET15 Terms.
- We will only provide you with a billing statement via email or online.
- Velocity Services may provide multiple options for payment (e.g. Credit Card, Check, eCheck, Debit, etc.).
- We reserve the right to delay the fulfillment of any Velocity Services until payment is has cleared.
- Payments by Check, whether Check or eCheck, fall under the additional Terms of Service described in Billing for Invoiced Services.
- All charges are non-refundable and non-returnable unless expressly stated otherwise.
- Velocity reserves the right to suspend or cancel any services at any time for any payment-related
issues. We may use a third party to collect past due amounts. You must pay for all reasonable costs
we incur to collect any past due amounts. These costs may include reasonable attorneys’ fees
and other legal fees and costs.
- All Invoices from Velocity are due within terms noted on each Invoice.
- Services may be Due on Invoice or NET15 depending on the service provided.
- Payment for Due on Invoice should be received within 5 days of the Invoice date.
- Invoices are generated on Wednesdays for the prior billing period (Monday – Sunday), this covers any new balances that require NET15 Invoicing and all outstanding balances with any new finance charges.
- Any Invoice disputes must be made within 7 business days of the Invoice date.
- A charge of $25.00 will be assessed on any checks returned from the bank.
- All delinquent Invoices will incur a finance charge of 5% of the outstanding balance upon the due date and every 30 days thereafter until paid.
- After 30 days you agree to allow Velocity to automatically bill the outstanding balance to your credit card on file. If you do not have a credit card on file, we will
contact you for this information. The amount will be billed in-full or partially depending on your
cards available credit limit. This process will be repeated every 30 days until your outstanding balance
has been paid.
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.
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.
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.
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.
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.
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.
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.