Welcome
to www.velocitycomposites.com
by Velocity Composites ("VC"). Please
read these Terms and Conditions of Use
("Terms and Conditions") completely and
carefully before using velocitycomposites.com
(the "Site"). By using the Site,
you express your unconditional agreement
to follow and be bound by the Terms and
Conditions of Use in their entirety.
If you do not agree with any of the following
Terms of Use and Conditions, please do
not use this Site.
Further, by accepting these Terms of Use
through your use of the Site, you certify
that you are 18 years of age or older.
If you are under the age of 18, but at
least 13 years of age, you may use this
Site only under the supervision of a parent
or legal guardian who agrees to be bound
by these Terms of Use. VC does not intentionally
collect personal information about children
under the age of 13. Children under the
age of 13 may not use this Site and parents
or legal guardians may not agree to these
Terms and Conditions on their behalf.
If you are a parent or legal guardian
agreeing to these Terms and Conditions
for the benefit of a child between the
ages of 13 and 18, be advised that you
are fully responsible for his or her use
of this Site, including all financial
charges and legal liability that he or
she may incur. If you do not agree to
(or cannot comply with) any of these terms
and conditions, do not use this Site.
All billing and registration information
provided must be truthful and accurate.
Providing any untruthful or inaccurate
information may constitute a breach of
these Terms and Conditions. By confirming
your purchase at the end of the checkout
process, you agree to accept and pay for
the item(s) requested.
I. SECURITY
Users
are prohibited from violating or attempting
to violate the security of the Site, including,
without limitation, (a) accessing data
not intended for such user or logging
onto a server or an account which the
user is not authorized to access; (b)
attempting to probe, scan or test the
vulnerability of a system or network or
to breach security or authentication measures
without proper authorization; (c) attempting
to interfere with service to any user,
host or network, including, without limitation,
via means of submitting a virus to the
Site, overloading, "flooding", "spamming",
"mailbombing" or "crashing"; (d) sending
unsolicited email, including promotions
and/or advertising of products or services;
or (e) forgoing any TCP/IP packet header
or any part of the header information
in any email or newsgroup posting. Violations
of system or network security may result
in civil or criminal liability. VC will
investigate occurrences that may involve
such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting
users who are involved in such violations.
You agree not to use any device, software
or routine to interfere or attempt to
interfere with the proper working of this
Site or any activity being conducted on
this Site. You agree, further, not to
use or attempt to use any engine, software,
tool, agent or other device or mechanism
(including without limitation browsers,
spiders, robots, avatars or intelligent
agents) to navigate or search this Site
other than the search engine and search
agents available from VC on this Site
and other than generally available third-party
web browsers (e.g., Netscape Navigator,
Microsoft Explorer).
See Privacy
Policy for additional security related
information.
II. MEMBERSHIPS & ORDERS
Please
note that there may be certain memberships
and/or orders that we are unable to accept
and must cancel. We reserve the right,
at our sole discretion, to refuse or cancel
any membership or order for any reason,
at any time. For your convenience, you
will not be charged until your payment
method is authorized, the order information
is verified for accuracy, and your order
is shipped. Some situations that may result
in your order being canceled include limitations
on quantities available for purchase,
inaccuracies or errors in product or pricing
information, or problems identified by
our credit and fraud avoidance department.
We may also require additional verifications
or information before accepting any membership
and/or order. We will contact you if all
or any portion of your membership or order
is canceled or if additional information
is required. If your order is canceled
after your credit card has been charged,
we will issue a credit to your credit
card in the amount of the charge. While
VC strives to provide accurate product
and pricing information, pricing or typographical
errors may occur. VC cannot confirm that
the information and/or pricing as typographical
errors may occur. VC cannot confirm the
price of an item until after you order.
In the event that an item is listed at
an incorrect price or with incorrect information
due to an error in pricing or product
information, VC shall have the right,
at its sole discretion, to refuse or cancel
any orders placed for that item. In the
event that an item is mispriced, VC may,
at our discretion, either contact you
for instructions or cancel your order
and notify you of such cancellation. Prices
and availability are subject to change
without notice.
III.
WARRANTY DISCLAIMER
THE
CONTENT ON THIS SITE IS PROVIDED TO USERS
"AS IS" WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PRUPOSE, AS
TO THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED
ON THIS SITE. VC DOES NOT WARRANT THAT
THE MATERIAL WILL BE UNINTERRUPTED OR
ERROR-FREE INCLUDING WITHOUT LIMITATION
TYPOGRAPHICAL, FACTUAL ERRORS, OR TECHNICAL
INACCURACIES. VC PROVIDES NO WARRANTY
THAT THE SITE WILL BE FREE OF TECHNICAL
MALFUNCTIONS, OR THAT THE SITES SERVER
WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE
OF THE VELOCITYCOMPOSITES.COM WEB SITE,
THAT YOUR USE OF THE SITE IS AT YOUR SOLE
RISK.
IV.
LIMITATION OF LIABILITY
UNDER
NO CIRCUMSTANCES AND UNDER NO LEGAL OR
EQUITABLE THEORY, WHETHER IN TORT, CONTRACT,
OR OTHERWISE, SHALL VC OR ANY OF ITS AFFILIATES,
EMPLOYEES, DIRECTORS, OFFICERS, AGENTS,
VENDORS OR SUPPLIERS BE LIABLE TO YOU
OR TO ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES
OR DAMAGES OF ANY NATURE ARISING OUT OF
OR IN CONNECTION WITH THE USE OF OR INABILITY
TO USE THE SITE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
LOSS OF DATA, WORK STOPPAGE, ACCURACY
OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION,
EVEN IF AN AUTHORIZED REPRESENTATIVE OF
VC HAS BEEN ADVISED OF OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES,
IN NO EVENT WILL VC BE LIABLE FOR ANY
DAMAGES IN EXCESS OF THE AMOUNT PAID BY
YOU IN CONNECTION WITH YOUR USE OF THE
SITE ON THE DATE WHICH THE CLAIM AROSE.
V.
THIRD PARTY LINKS
The
links from the VC website to the World
Wide Web provide access to information
from a variety of sources. The presence
of these links is not an endorsement of
any product or information available from
other sources. VC disclaims any and all
responsibility for the information which
is accessible through this web site, and
assumes no liability associated therewith.
We make no warranty, guarantee, or representation,
express or implied, with respect to the
accuracy, effectiveness, or usefulness
of any information, methods, or materials
that are available, or described herein.
VC does not assume any liability for the
use of any information, methods, or materials
found herein or for damages arising from
such use, nor assume any responsibility
for any injury to individuals or property,
or for any financial loss, sustained as
a result of the use or application of
the information, methods, or materials
that are available, or described, in our
links to other sites. VC has no control
over the resources that can be accessed
from our website.
VI.
USER INPUT
Unless
otherwise provided in the Terms and Conditions,
any communication, material or feedback
with regard to contents on this Site transmitted
by a user of this Site via electronic
mail or otherwise, including any data,
questions, or comments regarding the content
of any document or other information contained
on this Site, shall be deemed to be non-confidential
and VC shall have no obligation of any
kind with respect to such information
and shall be free to reproduce, use, disclose
and distribute the information to others
without limitation. Registered users may
post reviews, comments, photos, and other
communications; and submit suggestions,
ideas, comments, questions, or other information,
so long as the content is not illegal,
obscene, threatening, defamatory, invasive
of privacy, infringing of intellectual
property rights, or otherwise injurious
to third parties or objectionable and
does not consist of or contain software
viruses, political campaigning, commercial
solicitation, chain letters, mass mailings,
or any form of user initiated submission
as set forth in Section 1 above. You may
not use a false e-mail address, impersonate
any person or entity, or otherwise mislead
as to the origin of the content. If you
do post content or submit material, and
unless we indicate otherwise, you grant
VC a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right
to use, reproduce, modify, adapt, publish,
translate, create derivative works from,
distribute, and display such content throughout
the world in any media. You grant VC and
sublicensees the right to use the name
that you submit in connection with such
content, if they choose. You represent
and warrant that you own or otherwise
control all of the rights to the content
that you post; that the content is accurate;
that use of the content you supply does
not violate this policy and will not cause
injury to any person or entity; and that
you will indemnify and defend VC for all
claims resulting from content you supply;
the duty to defend is distinct from the
indemnity obligation. VC has the right,
but not the obligation, to monitor and
edit or remove any activity or content.
VC takes no responsibility and assumes
no liability for any content posted by
you or any third party.
VII.
TRADEMARKS AND COPYRIGHTS
All
trademarks relating to the Site, including
but not limited to "Velocity Composites"
or "velocitycomposites.com" is the sole
property of VC. In addition, other names,
logos, characters and images on the Site
are the trademarks of VC, or their respective
owners. You agree not to use any trademark
located on the Site for any purpose without
the prior written consent of VC or the
appropriate trademark owner. All content,
including but not limited to, articles,
stories, images, video, graphics, sounds,
software, and source code on the Site
is subject to copyright protection and
may not be displayed, reproduced, modified,
or used in any way except as expressly
permitted by these Terms and Conditions,
or with the prior written permission of
VC.
VIII.
PRIVACY
For
an explanation of VC's practices and policies
related to the collection, use and storage
of our online guests' information, please
read our Privacy Policy.
IX. INDEMNITY
You
agree to defend, indemnify, and hold harmless
VC and its affiliates from and against
any and all claims, damages, costs and
expenses, including attorneys' fees, arising
from or related to your use of the Site.
You acknowledge that the duty to defend
is distinct from the indemnity obligation.
X.
JURISDICTIONAL ISSUES
This
agreement shall be governed by, construed
and enforced according to the laws of
the state of Missouri. You expressly consent
to the venue and jurisdiction of state
courts located within Lincoln County,
Missouri.
XI.
SEVERABILITY, INTEGRATION AND AMENDMENT
If
any provision of the Terms and Conditions
shall be held to be unlawful, void, or
unenforceable for any reason, that provision
shall be enforced to the maximum extent
possible but will otherwise be severable
from the Terms and Conditions and shall
not affect the validity or enforceability
of any remaining provisions. The provisions
of the Terms and Conditions and each right
and obligation referenced herein represent
the entire agreement between you and VC,
its affiliates or related entities. The
Terms and Conditions shall supersede any
prior agreements or understanding not
incorporated herein. These Terms and Conditions
may not be amended, waived, modified,
or terminated by any subsequent action
unless set forth in a revised Terms and
Conditions posted on this Site by VC.