By registering on behalf of a legal entity, you represent to Velocity Recreation that you have the authority to bind such legal entity and that your acceptance of this Agreement will be treated as acceptance by such legal entity. In any case, you must be 13 years of age or older to use the Services. By continuing to use the Services you are warranting that you are 13 years old or more and you or your parent or legal guardian in case you are younger than the applicable age of majority, have read and agree to be bound by these Terms of Service. In accordance with U.S. Federal Children's Online Privacy Protection Act of 1998 (COPPA), Velocity Recreation will never knowingly solicit, nor will it accept, personally identifiable information from users known to be under thirteen (13) years of age.
As long as you comply with this Agreement, Velocity Recreation grants you a limited, revocable, non-exclusive, non-assignable, non-sub licensable right to access and use the Services as it is intended to be used and in accordance with these Terms of Service and applicable law. We grant you no other rights, implied or otherwise.
Updates to Terms of Service. Velocity Recreation reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Such changes will become effective immediately after they have been posted to the Site or Velocity Recreation's has otherwise notified you of the change. Though Velocity Recreation may attempt to notify you when major changes are made to this Agreement, you should periodically review the most recent version, which is always available from a link on http://VelocityColorado.com. Continuing use of the Service after the posting of changes will mean that you accept and agree to the changes.
Linked sites: The Site and Services may contain links to other third-party websites ("Linked Sites") which are provided solely as a convenience to our visitors. Velocity Recreation does not control, is not responsible for and does not necessarily endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. Interaction with these Linked Sites is under your own independent judgment and responsibility.
Accounts and passwords: Certain components of the Services permit or require you to open an account (including setting up password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Velocity Recreation immediately of any unauthorized use of your account or password, or any other breach of security.
Prohibited uses: Any use of Velocity Recreation to harass, threaten, impersonate, or intimidate anyone is forbidden. Use of the Services to upload, post, email, transmit, or otherwise make available any 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. Any use of the Services to upload, post, email, transmit, or otherwise make available any content that is in violation of copyright, trademark or other law protecting intellectual property in any jurisdiction, or that violates any individual's publicity or privacy rights is forbidden upon notice. Any use of the Services to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation is prohibited and any such content will be eliminated. It is also forbidden to use Velocity Recreation to: i) transmit any worms or viruses or any code of a destructive nature; ii) violate any local laws in your jurisdiction (including but not limited to intellectual property laws).; iii) use the Services for any illegal or unauthorized purpose. By using the Site and the Services, you also agree to comply with all local laws regarding online conduct and acceptable content. You must not use the Services, to falsely suggest an affiliation, sponsorship, or endorsement on the part of Velocity Recreation.
Accounts. From time to time, Velocity Recreation may offer to its users limited free trials or promotional offers. Such free trials or promotional offers are limited to one-per-user. Users must not fraudulently obtain (or attempt to obtain) additional trial periods.
User Content. Velocity Recreation allows you to add your own topics, ballots, messages, notices, and any other methods to help Velocity Recreation a group of people. This media could include text, video, audio content ("User Content") for the purposes of and sharing such content through the Services.
While Velocity Recreation makes User Content created by users available through the Services, by using the Services you acknowledge and agree that Velocity Recreation does not guarantee access to and hosting of your User Content that is shared via the Services. For example, User Content may be disabled if it violates or Velocity Recreation has grounds to believe that it violates these Terms of Service.User Content might also be disabled due to some decision by Velocity Recreation based on it's own criteria. If a particular piece of User Content creates too large a demand on the Services, it may result in access to such User Content being temporarily or permanently disabled. Also, from time to time, internet service failures may preempt access to User Content.
Representations and Warranties. By uploading and/or creating User Content on or through the Services, you represent and warrant that, with respect to all User Content that you upload, create, transmit, publish and disseminate through the Service, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute or otherwise exploit such User Content in connection with the Services (and to grant to Velocity Recreation the licenses set forth in these Terms of Service); (b) the User Content will not infringe or otherwise violate the copyright, trademark or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish and/or disseminate their name and/or likeness through the Services and to grant Velocity Recreation the licenses set forth in these Terms of Service.
Licenses to User Content. In order to provide you with the Services, it is necessary for you to grant Velocity Recreation certain licenses to your User Content.
Licenses to users. When you upload and/or create User Content on or through the Service, you also hereby do and shall grant to each user of the Services with whom you share your User Content a personal worldwide, non-commercial and non-exclusive license to access and view your User Content. Except where otherwise indicated, such licenses granted to Velocity Recreation and to users of the Services expire when you remove your User Content or other User Content from the Site.
Payments. All currency references are in U.S. dollars.
Paypal Payments. Our payment gateway is made possible by paypal. www.paypal.com. They will be responsible for your credit card details and we do not store your credit card details within Velocity Recreation.
Refund Policy. Refunds will be issued for classes/activities as follows: Before seven days prior to the beginning of a class session a full refund will be provided, minus a $5.00 processing fee. Within seven days of beginning of class session a refund will be issued at 75% of the purchase price. No refunds will be issued after the start of the session. The start of the session is defined as the original session start date listed on the website, even if it is cancled due to weather or other causes.
Beta ntoice - Velocity Recreation is currently in beta. This means that while we believe the Velocity Recreation service to work well, we are still testing and by accepting these terms you are joining our beta program. There are certain risks associated with a beta program ranging from possible errors to complete loss of data. We are working with a limited budget and are doing our best to provide a solid service.
Velocity Recreation's Intellectual Property. All text, graphics, user interfaces, visual interfaces, photographs, trade dress, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, "Velocity Recreation Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Velocity Recreation Content, contained on the Services is owned, controlled, or licensed by or to Velocity Recreation, and is protected by author rights laws, copyright, patent, and trademark laws, and various other intellectual property rights.
As a user of Velocity Recreation and the Services, Velocity Recreation grants to you a non-assignable, non-transferable, non-sublicensable license, revocable at any time at Velocity Recreation's sole discretion, to use (i) the Velocity Recreation name and (ii) the Velocity Recreation logo, unaltered, unmodified, and as it appears on the Velocity Recreation's website solely for the purpose of truthfully referring to Velocity Recreation, including for use in creating a website that explicitly references Velocity Recreation (the "Use License"). In addition to the restrictions above, such Use Licenses are expressly conditioned on: (i) no Velocity Recreation Content may be used in a manner that creates confusion among consumers or that suggests that you (or your website) are sponsored or endorsed by Velocity Recreation, or affiliated with Velocity Recreation, (ii) no Velocity Recreation Content beyond the Velocity Recreation name and logo may be used, (iii) any such use must be of the full Velocity Recreation name and/or unaltered and current Velocity Recreation logo, (iv) any such use may in no way disparage Velocity Recreation, any user of the Velocity Recreation Service, or any third party, and (v) any website that uses Velocity Recreation Content must include prominent text to the effect that "this website is not affiliated with or sponsored or endorsed by Velocity Recreation. You agree to make no other uses of the Velocity Recreation name and logo beyond those expressly allowed herein, pursuant to a Use License. Except as expressly provided in this Agreement or otherwise permitted by law, no Velocity Recreation Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Velocity Recreation's express prior written consent.
You agree that Velocity Recreation may, at its sole discretion and without prior notice, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms of Service or other terms or guidelines which may be associated with your use of the Services. Please note that it is Velocity Recreation's policy to terminate the account of users who violate the copyrights of third parties. If Velocity Recreation does take any legal action against you as a result of your violation of these Terms of Service, Velocity Recreation will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Velocity Recreation. You agree that Velocity Recreation will not be liable to you or to any third party for termination of your access to the Services as a result of any violation of these Terms of Service.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Velocity Recreation AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND LICENSORS (THE "Velocity Recreation AFFILIATES") EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Velocity Recreation AND THE Velocity Recreation AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES OR RELATED SOFTWARE WILL BE CORRECTED. ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Velocity Recreation, THE Velocity Recreation AFFILIATES, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT Velocity Recreation AND THE Velocity Recreation AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT Velocity Recreation MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICES; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT Velocity Recreation AND THE Velocity Recreation AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, Velocity Recreation AND/OR THE Velocity Recreation AFFILIATES' LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
PLEASE REVIEW User Content FOR APPROPRIATE CONTENT BEFORE USE. Velocity Recreation has not reviewed the User Content featured on the Site's database to determine whether they are suitable or appropriate for your intended audience. Before using any of the functions featured on this Site, please PREVIEW THEM CAREFULLY to ensure that the materials are appropriate for your audience, and for any other uses you intend to make. Velocity Recreation is not responsible for the content of any User Content on this Site. If you find any content on this Site that you believe is objectionable, or that violates Velocity Recreation's Terms of Service or Conduct Guidelines, please notify us at VelocityColorado@gmail.com.
INDEMNIFICATION. You will indemnify and hold Velocity Recreation and/or the Velocity Recreation Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by Velocity Recreation and/or the Velocity Recreation Affiliates in connection with any claim arising out of your breach of the Agreement. Velocity Recreation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
MISCELLANEOUS. This Agreement is the whole legal agreement between you and Velocity Recreation. It governs your use of the Services and completely replaces any prior agreements between you and Velocity Recreation with respect to the Services. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from Velocity Recreation.
GOVERNING LAW. You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States of America and by the laws of the State of Colorado without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the State and Federal courts in Jefferison County, Colorado, and waive any objection to such jurisdiction or venue.
DISPUTE RESOLUTION. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Velocity Recreation and you arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
STATUTE OF LIMITATIONS. You agree that regardless of any statue or law to the contrary, any claim under this Agreement must be brought within three (3) months after the cause of action arises, or such claim or cause of action is forever barred.
SEVERABILITY OF TERMS; NON-WAIVER OF TERMS; ASSIGNMENT. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Velocity Recreation does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. Velocity Recreation may assign or delegate all rights and obligations under the Agreement, fully or partially.
NOTICES. Velocity Recreation may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings to the Services. Velocity Recreation's email address is:
VelocityColorado@gmail.com If you have general questions or concerns regarding these Terms of Service, please contact us in writing at VelocityColorado@gmail.com.
THIRD PARTY BENEFICIARIES. Each Velocity Recreation Affiliate is an intended third party beneficiary to this Agreement and shall be entitled to directly enforce and rely upon any provision of the Agreement that confers a benefit on them. Other than this, no other person shall be a third party beneficiary to the Agreement.