Last Modified: 6-6-2023

1) ACCEPTANCE OF THE TERMS OF USE 

Velocity Rockers, LLC (which these policies refer to as “Company”, “we,” “us” or “our”) provides indoor cycling equipment and other products for purchase online. These Terms of Use govern and apply to all persons (referred to as “User,” “you” or “your”) who access or use our website, www.velocityrockers.com (the “Website”), including any products, features, content, functionality, or other services offered through the Website (collectively referred to as the “Products”).  

Please read our Terms of Use, Terms of Sale and Privacy Policy before accessing our Website. By accessing our Website, you acknowledge you have read these Terms of Use, our Terms of Service, and Privacy Policy, that you understand them, and agree to be bound and abide by them, together with any policies they expressly incorporate by reference (collectively the “Terms”). If you do not agree to all of the Terms, you must not access or use the Website. 

You must be at least 13 years of age or older to use the Website. By creating an account or using the Website, you represent and warrant that you are 13 years of age or older. If you do not meet these requirements, you must not access or use the Website or purchase any Products. If you allow any minors under the age of 13 to access or use the Website, you shall be solely responsible for their uses of the Website. You (or your legal parent or guardian, as applicable) shall indemnify us against any losses, claims or damages that may result from your use of the Website. 

THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION, ON AN INDIVIDUAL BASIS, TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW THE DISPUTE RESOLUTION DETAILS IN SECTION 19 BELOW. 

 

2) ADDITIONAL POLICIES (IMPORTANT) 

Privacy Policy: Our Privacy Policy explains our practices for collecting and using information. All information we collect through the Website, including information you provide during registration, or otherwise, is subject to and governed by our Privacy Policy, which is incorporated into this document by this reference. By accessing, installing or otherwise using the Website, you agree to be bound by the Privacy Policy, and consent to all actions taken by us relating to your information pursuant to the Privacy Policy. 

 

Terms of Service: Our Terms of Sale explains the process and terms by which users may purchase the Products, and how such transactions are conducted. All sale transactions, including purchases of any products or features available through the Website, are subject to and governed by our Terms of Sale, which is incorporated into this document by this reference. By accessing, installing, or otherwise using the Website, you agree to be bound by the Terms of Service, and consent to all actions taken by us relating to your purchases in compliance with the Terms of Service.

3) CHANGES TO OUR POLICIES & WEBSITE 

Changes to Policies: We may revise and update these Terms from time to time in our sole discretion. We shall notify you when such changes are made, and all changes are effective immediately when we post them. Any changes to the Dispute Resolution provisions will not apply to any disputes for which the parties have actual notice prior to the date the change is posted. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the Terms page from time to time so you are aware of any changes, as they are binding on you. 

 

Changes to Services: We reserve the right to withdraw or amend the Website, and any Products we provide or offer through the Website, in our sole discretion without notice. We may discontinue some or all of the Website, or any features, functionality, platforms or Products, at any time. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or all of the Website, to users, including registered users. We may update content on the Website from time to time, but any of the content on the Website may be out of date at any given time, and we are under no obligation to update such content. 

4) ACCESS TO WEBSITE & ACCOUNT SECURITY 

Availability: Access to the Website may be interrupted from time to time for maintenance, repairs, upgrades, or network or equipment failures.  

Access & Data Plan: You are responsible for obtaining all necessary devices, and data connections for using the Website, for making all arrangements necessary for you to have an Internet connection, and access to the Website, and for all fees, taxes, or carrier data plans, associated with your use of the Website. We do not provide any such services or devices. 

Registration & Contact Information: If you create an account, you agree to only create and maintain one (1) user account for your use of the Website. It is a condition of your use of the Website that all registration information you provide is correct, current and complete. For purposes of registration and using the Website, you must provide an accurate and up-to-date name, email address, phone number, and financial information for any purchases you make on the Website. You further agree to provide us with any further documents we may request from time to time to verify your identity or as necessary to complete a purchase or sale. 

Account Security: If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password or other security information. You are responsible for any activity that occurs under your screen name. You agree to notify us immediately of any unauthorized access to, or use of, your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

Third-Party Access: If any other person accesses the Website through your Internet connection, you are responsible for ensuring that all such persons are aware of these Terms and comply with them. 

5) AUTHORIZED & PROHIBITED USES 

Authorized & Non-Commercial Uses: You agree to use the Website only for the purposes of (1) purchasing our Products for your own non-commercial use and (2) posting content related to Products you have purchased from our Website. You may use the Website only for lawful, authorized, and acceptable purposes, and in accordance with these Terms. These Terms permit you to use the Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website, Products or materials available through the Website.  

Unauthorized & Prohibited Uses: You agree not to use the Website: 

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export or trade of data or software to and from the US or other countries).  
• In any way that violates, misappropriates, or infringes the rights of the Company, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights. 
• To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set forth in these Terms. 
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “bulk messaging,” “auto-messaging,” “spam” or any other similar solicitation. 
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing). 

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company, or users of the Website, or expose them to liability. 
• In any manner that is fraudulent or illegal, or that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. 

Harm to Website: Additionally, you agree not to: 

• Use any device, software or routine, or otherwise use the Website in any manner, that could disable, overburden, damage, interfere, impair or disrupt any part of the Website, or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. 
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. 
• Use any robot, spider or other automatic device, process or means to access, retrieve, crawl, scrape, or otherwise index, any portion of the Website for any purpose, including but not limited to posted items, user profiles, names, addresses or photos.  
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent. 
• Collect the information of or about our users in any impermissible, unauthorized or prohibited manner. 
• Implement or introduce any viruses, trojan horses, worms, logic bombs, denial-of-service attacks, distributed denial-of-service attacks, or other material that is malicious or technologically harmful. 
• Otherwise attempt to interfere with the proper working of the Website in any way. 

6) INTELLECTUAL PROPERTY RIGHTS & OWNERSHIP 

Intellectual Property Ownership: The Products and Website, as well as the entire contents, features and functionality of the Products and Website (including but not limited to all information, software, text, displays, documents, images, illustrations, photographs, auction listings, graphics, domains, logos, slogans, video, audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other respective providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (“Intellectual Property”). You may not use any such Intellectual Property without our express authorization, and in accordance with these Terms. 

Trademarks: The Company name, and all related names, logos, product and service names, designs and slogans (“trademarks”) are trademarks of the Company or its affiliates or licensors. You must not use such trademarks without the prior written permission of the Company. All other trademarks appearing on the Website are the trademarks of their respective owners. 

License: We grant you a limited, revocable, non-exclusive, non-sub-licensable, non-transferable license to access and use the Website in accordance with these Terms. This license is for the sole purpose of allowing you to access or use the Website as authorized, and no other rights or licenses are granted by implication or otherwise.  

Prohibited Uses. You must not reproduce, distribute, modify, create derivative works of, reverse engineer, decompile, alter, publicly display or perform, republish, download, store, extract, sell, resell, rent or transmit any Intellectual Property, or other material on the Website. You must not delete or alter any copyright, trademark or other proprietary rights notices on the Website.  

Infringement: If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in the Website or any content on the Website is transferred to you, and all rights not expressly granted in these Terms are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. 

 

7) USER CONTRIBUTIONS 

Contributions: Users give consent to receive an invitation to review their order.  The Website may contain personal web pages or profiles, comment sections, chat messaging threads, forums, bulletin boards, or other interactive features (“Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or persons (“post”) content or materials (collectively “User Contributions”) on or through the Website. You are responsible for any User Contributions, and any other data, text, code, information, screen names, graphics, photos, profiles, audio, video, and links that you submit, post or display on the Website. 

 

License: Any User Contribution you post to or through the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant the Company and its licensees, successors and assigns a worldwide, nonexclusive, fully paid, royalty-free, sub-licensable and transferable, license to use, reproduce, modify, perform, display, create derivative works of, distribute, and otherwise disclose to third parties any such material.  

Compliance: We do not claim ownership for any User Contributions. However, all User Contributions must comply with the User Content Standards set out in these Terms. 

 

Representations & Warranties: You represent and warrant that all of your User Contributions do and will comply with these Terms, and that you own or control all rights to the User Contributions and have the right to grant the license above. 

Responsibility: You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute, and that you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. 

Posting Personal Information: While it is not expressly prohibited, we highly recommend you do no post or display any personal information by which you, or anyone else, may be identified. Our Privacy Policy does not extend to information that you publicly post or display on or through the Website. 

8) USER CONTENT STANDARDS 

These user content standards apply to all User Contributions and use of Interactive Services. User Contributions in their entirety must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: 

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. 
• Post or promote sexually explicit, suggestive or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. 
• Promote any illegal activity, or advocate, promote or assist any unlawful act. 
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. 
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. 
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms, our Privacy Policy or our Terms of Sale, which are incorporated into this document by reference. 
• Impersonate any person, misrepresent your identity or affiliation with any person or entity, give the false impression they emanate from or are endorsed by us or any other person or entity, or otherwise be likely to deceive any person in any way. 
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. 

9) RELIANCE ON INFORMATION POSTED 

General Purposes: The information we present on or through the Website is for general informational purposes only, and any referenced resources may change from time to time. We do not warrant the accuracy, completeness or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other Users, or anyone who may be informed of any of its contents.  

No Liability for Third-Party Content: The Website may include content provided by third parties, including User Contributions, or materials provided by other Users, bloggers, licensors, advertisers, syndicators, aggregators or reporting services. We are not responsible or liable to you, or any third party, for the content or accuracy of any content or materials provided by any third parties or for any services rendered by any third party. All statements and opinions expressed in such content are solely the opinions and responsibility of the person providing it. Such content does not necessarily reflect the opinions of the Company.  

 

10) NOTICE & TAKEDOWN PROCEDURE FOR COPYRIGHT COMPLAINTS 

DMCA: It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). The following instructions are intended to expedite the process of submitting notices of alleged infringement, while reducing the number of fraudulent or ambiguous notices we receive. 

Notice & Takedown: It is expected that all Users of the Website will comply with applicable copyright laws. However, if we receive proper takedown notification of alleged copyright infringement, our response will be to remove or disable access to all such material. It is our policy to terminate the user accounts of repeat infringers. If we remove or disable any such access in response to a notice, we will make a good-faith effort to contact the account owner so they may make a counter notification. 

Reporting Infringement: If you believe that any User Contributions violate your copyright, trademark or other intellectual property, please follow the instructions below for sending us a notice of infringement. Please note, you may be liable for damages (including costs and attorneys’ fees) for materially misrepresenting that material is infringing your intellectual property. If you are unsure whether online material constitutes infringement, we suggest you first contact an attorney. 

Infringement Notification: If you believe any User Contribution constitutes infringement of your copyrighted work, or other violation of your intellectual property rights, please provide the following information in a written communication:  

• Identification of the copyright work or works claimed to be infringed.  
• Identification of the material claimed to be infringing, and that should be removed, and information reasonably sufficient to permit us to locate the material. 
• Information reasonably sufficient to permit us to contact you, such as an address, phone number and email address. 
• The following statement: “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner, or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” 
• A physical or electronic signature of the owner of an exclusive right that is allegedly infringed, or person authorized to act on the owner’s behalf. 

Designated Agent: All notices of copyright infringement claims should be sent by email to our designated agent at customerservice@velocityrockers.com, and should include the email subject line of “NOTICE OF COPYRIGHT INFRINGEMENT.” 

 

11) ENFORCEMENT & TERMINATION 

Enforcement: We have the right to: 

• Refuse service to anyone for any reason at any time. 
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion. 
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the User Content Standards, infringes any Intellectual Property right or other right of any person or entity, is unlawful, threatening, defamatory, threatens the personal safety of users of the Website or the public, or could create liability for the Company. 
• Reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark to those usernames. 
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
• Disable any username, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. 
• Terminate, suspend or modify your access to or use of all or part of the Website at any time for any reason, including for any violation of these Terms, creating a risk of harm to the Company or its users.  

No Liability: We do not have an obligation to monitor or review any User Contribution before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, User Contribution, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Law Enforcement: Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, AS A RESULT OF, OR CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR OTHER LAW ENFORCEMENT AUTHORITIES. 

Content Storage: Deleted content may be stored by us in order to comply with certain legal obligations and is not retrievable without a valid court order. We encourage you to maintain your own backup of your User Contributions and personal information. We will not be liable for any modification, suspension, discontinuation, or loss of any user information or content. 

12) INTEGRATION WITH THIRD PARTY SERVICES & POLICIES 

Third-Party Policies: We may integrate or connect other third-party services, products or content, to work in connection with our Website and Products (such as data transfer, social sharing, cloud storage or payment processors). Please be advised that when you access or use third-party services, those services are governed by the third party’s terms of use and policies.  

Third-Party Links: If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in User biographies, banner advertisements and sponsored links, as well as links to non-profit organizations participating in our give-back program. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

 

13) LINKING TO THE WEBSITE & SOCIAL MEDIA FEATURES 

Linking: You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Further, the website from which you are linking, or on which you make certain content accessible, must comply in all respects with the User Content Standards set out in these Terms. 

Social Media: The Website may provide certain social media features that enable you to link to content on the Website, send communications with content or links to the Website, or display limited portions of content on other sites. You may use these features solely as provided, with respect to the content they are displayed with. Subject to the foregoing, you must not: 

• Establish a link from any website that is not owned by you. 
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. 
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. 

Removal: You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice, and may disable all or any social media features and any links at any time without notice in our discretion. 

14) DISCLAIMER OF WARRANTIES 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.  

YOU UNDERSTAND THAT YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY MATERIALS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY PRODUCTS, SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

WE ARE NOT RESPONSIBLE FOR CONTROLLING AND DO NOT CONTROL, HOW USERS USE OUR WEBSITE OR PRODUCTS, OR THE ACTIONS, INFORMATION OR USER CONTRIBUTIONS OF USERS OR OTHER THIRD PARTIES. YOU HEREBY RELEASE THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING ATTORNEYS’ FEES) YOU MAY HAVE THAT ARISE OUT OF OR RELATE TO SUCH USERS OR THIRD PARTIES. BY THIS RELEASE, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR APPLICABLE LAW OF ANY OTHER JURISDICTION, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL, DUE TO YOUR USE OF THE WEBSITE, PRODUCTS OBTAINED THROUGH THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT. 

15) LIMITATION ON LIABILITY 

THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS, SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITE.  

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE PRODUCTS OR PURCHASES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

16) INDEMNIFICATION 

You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable costs and attorneys’ fees) arising out of or relating to: (a) the violation of these Terms by you, or anyone using your account; (b) your use or misuse of, or access to the Website, including, but not limited to, your User Contributions, and your use of any information obtained from the Website; and (c) any other uses other than as expressly authorized in these Terms. 

17) GOVERNING LAW & JURISDICTION 

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California in the United States of America, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts, state courts or arbitration forums, in the State of California, County of San Diego. However, we reserve the right to bring any suit, action or proceeding against you for breach of these Terms in your country and county of residence or any other relevant country or county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

18) GEOGRAPHIC RESTRICTIONS 

The owner of the Website is based in the state of California in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Our Website is not intended for use in any country where such use would violate local law or would subject the Company to the laws or regulations of another country. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We reserve the right to limit use of our Website and Products in any country. 

You agree to not access or use the Website if you are located in a restricted country, if you are listed on any US or non-US restricted-parties list, or for any reason prohibited by export and trade laws, and you agree not to disguise your location through IP proxy or other methods. You agree to not, directly or indirectly, export, provide or otherwise transfer our Website and Products to any individual, entity prohibited by export and trade laws, to anyone on US or non-US government restricted parties’ lists, or for any purposes prohibited by export and trade laws, including nuclear, chemical or biological weapons, or missile technologies without the required government authorizations.  

19) DISPUTE RESOLUTION 

Arbitration: For any dispute between you and the Company, arising from the use of these Terms or the Service (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, and your right to privacy or publicity), you agree to first contact the Company and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve the dispute informally, the Company may, at its sole discretion, require users located in the United States to submit any disputes to final and binding arbitration in the State of California, County of San Diego, under the Rules of Arbitration of the American Arbitration Association, applying California law. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Website. ALL SUCH USERS AGREE TO WAIVE THE RIGHT TO TRIAL, EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT. YOU MAY REVIEW THE AAA RULES AT WWW.ADR.ORG.  

No Class Actions: You agree that you may only bring disputes against the Company on your own behalf, and not on behalf of any other person or entity, or any class of people. You agree not to participate in any class action, class arbitration, or consolidated disputes. In any dispute, neither you nor the Company will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. 

Limitation On Time To File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE WEBSITE, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

 

20) GENERAL TERMS 

Amendments & Waivers: Any amendment or waiver to our Terms of Use requires our express consent.  

Waiver: No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

Assignment: You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. 

Severability: If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, such that the remaining provisions of the Terms of Use shall be unaffected and will continue in full force and effect. 

 

Transferability: The Company may freely assign any of its rights and obligations under these Terms, to any of its affiliates, or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law, and the Company may transfer your information to any of our affiliates, successor entities, or new owner. You may not transfer any of your rights or obligations under these Terms without prior written consent from the Company. 

Language: Our Terms are written in English. Any translated version (if any) is provided for your convenience. If any translated version of our Terms conflict with the English version, the English version shall control. 

Entire Agreement: The Terms, and all other policies incorporated herein by reference, constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. If any future Terms are agreed to, then such future Terms shall govern. 

 

21) NOTICES 

We may provide any notice to you under these Terms by: (a) sending a message to the email address you provide during registration; or (b) by posting to the Website. Such notices will be effective when the email is sent, or when posted. It is your responsibility to check the Websites from time to time, and keep your email address current, so you can stay updated on changes. 

To give us notice under these Terms, you must send written notice by personal delivery, overnight courier, or registered or certified mail, to: VELOCITY ROCKERS, LLC, 16705 Santanella St., San Diego, CA 92127. We may update the address for notices to us by posting a notice on the Websites. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. 

22) YOUR QUESTIONS & COMMENTS 

We always welcome any feedback you may have about Velocity Rockers, our Website or Products.  To provide feedback, comments, requests for technical support and other communications relating to the Terms of Use or Products, please email customerservice@velocityrockers.com or call (858) 504-0838. 

These Services are operated by Velocity Rockers, LLC, a California limited liability company.