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Rewards Program and Website Terms & Conditions / End-User License Agreement
Last Modified: February 27, 2014
NOTICE REGARDING ARBITRATION, WAIVER OF TRIAL BY JURY, AND CLASS ACTIONS. THESE TERMS & CONDITIONS CONTAIN PROVISIONS FOR BINDING ARBITRATION AND WAIVER OF JURY TRIAL. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS INCLUDES YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH PROVISIONS. WHEN ARBITRATION IS INVOKED FOR CLAIMS SUBJECT TO ARBITRATION, YOU AND WE WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT OR IN ARBITRATION.
PLEASE REVIEW THE TERMS OF THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE PARTICIPATING IN THE REWARDS PROGRAM OR UTILIZING THE REWARDS WEBSITE, BECAUSE BY PARTICIPATING IN THE REWARDS PROGRAM OR UTILIZING THE REWARDS WEBSITE YOU WILL HAVE INDICATED YOUR ACKNOWLEDGEMENT AND AGREEMENT TO EACH TERM, CONDITION, AND DISCLAIMER IN THIS END USER LICENSE AGREEMENT.
This Rewards Program and Website Terms & Conditions / End-User License Agreement (these “Terms & Conditions”) and the Rewards Program and Website Privacy Statement (the “Privacy Statement”) (All of the aforementioned are presently accessible at http://www.austinbankrewards.com are collectively referred to as the “Service Agreements.” All access to and use of the Rewards Program and Website is subject to and governed by the Service Agreements.
VELOCITY SOLUTIONS, INC., ITS SUBSIDIARIES AND AFFILIATES (“OUR”, “WE”, “US”, “VELOCITY”, AND “PROVIDER”) WILL PROVIDE THE REWARDS PROGRAM AND WEBSITE TO YOU ONLY UPON ALL OF THE TERMS, CONDITIONS AND DISCLAIMERS CONTAINED IN THE SERVICE AGREEMENTS. IF YOU DO NOT AGREE TO THE TERMS, CONDITIONS AND DISCLAIMERS IN THE SERVICE AGREEMENTS, YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THE REWARDS PROGRAM OR UTILIZE THE REWARDS WEBSITE.
For the purposes of the Service Agreements, including specifically and without limitation the Terms & Conditions and the Privacy Statement, the following terms shall have the meanings so indicated:
“Rewards Program Website” means that website maintained and administered by Velocity and having URL as follows: http://www.austinbankrewards.com
“Rewards Program” means that rewards and incentive program through which the Rewards Program Website is made available for redemption of Points (as defined below) accruing to the benefit of a Participant (as defined below).
“Points” means intangible personal property points provided by Velocity to Participants under the Rewards Program, and which may be redeemed for rewards gifts.
“Rewards” means the rewards gifts catalogued on the Rewards Program Website for which Points may be redeemed in the Rewards Program.
“Participant” means a person or entity participating in the Rewards Program.
Table of Contents
2. Scope of License.
3. Changes to this End User License Agreement.
4. Consent to Use of Technical Data.
6. Terms and Conditions of the Rewards Program.
a. Eligible Participants.
b. Redemption of Points.
c. Exchanges of Merchandise.
d. Non-Transferability of Points.
e. Points Participant Obligations.
f. Termination of Accounts.
g. Disclaimer of Warranties Specific to Rewards Program.
h. Limitation of Liability Specific to Rewards Program.
i. Tax Consequences.
j. Force Majeure.
7. Your Account.
8. Third Party Materials.
9. Pricing and Other Advertised Terms.
10. Third Parties Generally.
11. Proprietary Materials.
12. Languages, Local Rules.
13. Modification, Suspension and Discontinuation.
14. NO WARRANTY.
15. Limitation of Liability.
17. Governing Law, Jurisdiction.
18. Third Party Beneficiaries.
19. Third Party Notifications.
20. Contact Us.
21. Commercial Status.
1. Services. The Rewards Program Website may enable access to and use of Velocity’s and/or third party services and web sites (collectively and individually, “Services”). Both access to and use of the Services may require Internet access and that you agree to additional terms and conditions.
2. Scope of License. The license granted to you for the Rewards Program Website is limited to a non-transferable license to use the Rewards Program Website as permitted by the Service Agreements. Such license does not allow you to use the Rewards Program Website on any device that you do not own or control (or for which you do not have authorization to access the Rewards Program Website, such as where prohibited by applicable security policies in the case of corporate users). You may not rent, lease, lend, sell, redistribute or sublicense access to the Rewards Program Website. You may not copy (except as expressly permitted by this license and Service Agreements), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Rewards Program Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included within the Rewards Program Website). Any attempt to do so is a violation of the rights of Velocity and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any updates provided by Velocity that replace and/or supplement the Rewards Program Website, unless such update is accompanied by a separate license in which case the terms of that license will govern. THE REWARDS PROGRAM WEBSITE IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS AND CONDITIONS OF THE SERVICE AGREEMENTS. VELOCITY RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.
3. Changes to this End User License Agreement. Velocity reserves the right to revise this End User License Agreement at any time. Upon modification, Velocity will update the date indicated after “Last Modified” at the beginning of this document. Any modifications to this End User License Agreement will only affect your and our respective rights and obligations from the “Last Modified” date and thereafter. If you do not agree with the modified terms, however, you must immediately then cease using the Rewards Program Website. Your continued use of the Rewards Program Website constitutes your continued agreement to the terms and conditions herein.
4. Consent to Use of Technical Data. You agree that Velocity may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of Rewards Program Website updates, product support and other services to you (if any) related to the Rewards Program Website. Velocity may use this information, to improve its products or to provide services or technologies to you. Velocity’s collection and use of personal data is governed by the Privacy Statement (accessible below or at http://www.austinbankrewards.com.
5. Termination. The license granted hereunder is effective until terminated by you or Velocity. Your rights granted hereunder will terminate automatically without notice from Velocity if you fail to comply with any term(s) of Service Agreements. Upon termination of the license, you must cease all use of the Rewards Program and Rewards Program Website.
6. Terms and Conditions of the Rewards Program. The financial institution whose rewards program is being promoted on the Rewards Program Website (the “Program Sponsor”) has chosen Velocity to conduct its Rewards Program in connection with rewards to the Program Sponsor’s customers. Velocity requires that all persons or entities participating in the Rewards Program (each, a “Participant”) comply with all terms and conditions set forth below. By redeeming Points, signing up for an account, or otherwise utilizing the Velocity Service, the Rewards Program and/or the Rewards Program Website, you agree that you have read and understand and agree to the Terms & Conditions and the Service Agreements, as they may be modified by Velocity from time to time in its sole, and that your use of the Velocity Service, the Rewards Program and/or the Rewards Program Website is subject to the Terms & Conditions and the Service Agreements. If you do not agree to be bound by the Terms & Conditions and the Service Agreements, you will not be able to redeem any Points or participate in the Rewards Program.
a. Eligible Participants. Only United States residents who are 18 years of age or older and business entities having their principal office in the United States may participate in the Rewards Program. Velocity reserves the right at any time to further limit participation in the program.
b. Redemption of Points. All Points are either (i) electronically deposited to your Rewards Program account by your taking steps to associate at least one Program Sponsor checking account held in your name with your Rewards Program account (this method of electronic deposit of Points is referred to herein as “eDeposit” and may or may not be available for your particular Rewards Program and/or your particular Program Sponsor); or (ii) evidenced by certificates issued by Velocity which contain a unique certificate number and a specific number of Points. Points received by eDeposit are herein referred to as “eDeposit Points”, while Points evidenced by certificates are herein referred to as “certificated Points”.
Points are redeemed through the Rewards Program Website, or by submitting a paper order form which may be obtained from Velocity Solutions, Inc. at 1710 Dawson Street, Wilmington, NC 28403. Points may be redeemed only for rewards offered by Velocity and available at the time of redemption. POINTS MAY NOT BE REDEEMED FOR CASH, CHECK OR CREDIT. POINTS HAVE NO CASH VALUE. At the time of redemption Participants may be asked for identification suitable to Velocity in its discretion. Participants are responsible for limiting access to their online account only to persons authorized by them. UNLESS OTHERWISE STATED ON THE CERTIFICE IN THE CASE OF CERTIFICATED POINTS, ALL POINTS EXPIRE TWO YEARS FROM THE DATE ON WHICH THE POINTS WERE ISSUED AND UPON SUCH EXPIRATION BECOME VOID. IN THE CASE OF CERTIFICATED POINTS, NO REPLACEMENTS WILL BE MADE FOR LOST, STOLEN OR DAMAGED CERTIFICATES.
Points will be subtracted from a Participant's account once the reward is requested and any certificates representing those Points will become void. Once redeemed, a Participant may not cancel the order or substitute another reward for the one ordered. No refunds of Points will be made for any reason.
c. Exchanges of Merchandise. Exchanges of merchandise will be made upon the following terms and conditions:
(i) For products which are damaged upon receipt by the Participant, the Participant may (a) contact member services for the program for assistance, or (b) mail the product to the address specified by Velocity on the return form enclosed with the product delivery or specified on this website and enclose a notation indicating the problem with the product. A replacement product will be sent to the Participant (the same product, if it is then available) and the postage required for the return will be refunded to the Participant.
(ii) For products which are not damaged but for which the Participant desires a replacement, the Participant may exchange the product for any other product that is currently available for the same number of Points or for a lesser number of Points. If the exchange is for an item available for a lower number of Points, no points will be refunded. The Participant may mail the product to the address specified by Velocity on the return form enclosed with the product delivery or specified on this website and must enclose $3.50 for postage and handling. Velocity will replace the returned product with the requested product (if it is then available). The cost of the return postage will not be refunded to the Participant.
(iii) Notwithstanding anything to the contrary, no returns or exchanges will be accepted for any reason after 90 days from the date of the order.
(iv) No points will be refunded or redeposited in the event of any return or exchange.
(v) If the product requested to be sent as a replacement or exchange product is not available, then Velocity reserves the right to substitute another product of equal or greater value (as determined by Velocity).
Velocity strives to maintain adequate inventories of rewards. However, due to fluctuations in supply and other market conditions, items are occasionally discontinued or unavailable. Velocity reserves the right to replace any reward item ordered with an item of equal or greater value (as determined by Velocity). Velocity also reserves the right from time to time to increase the number of Points required for certain items and to correct any errors in Rewards Program catalogs or on the Rewards Program Website without notice.
d. Non-Transferability of Points. Points may not be transferred voluntarily or involuntarily. Points are void if transferred. Points may not be sold, bartered or exchanged. Points are not transferable in the event of a Participant's death, bankruptcy or divorce, or otherwise by operation of law.
e. Points Participant Obligations.Participants agree to comply with all applicable laws, rules and regulations. Participants acknowledge that they may only participate in the Rewards Program if and to the extent such participation is permitted by such laws, rules and regulations. Velocity may refuse to enroll a Participant, or to restrict, modify or terminate a Participant's participation in the Rewards Program, without liability to the Participant or any other party, if a Participant violates any law, rule or regulation, or if a Participant's participation in the Rewards Program could violate any law, rule or regulation.
Participants agree not to abuse Rewards Program privileges by conduct which is detrimental to Velocity or the Program Sponsor, including without limitation attempting to accrue Points or spend Points in a manner inconsistent with Velocity's policies or the intent of these Terms and Conditions or contrary to the Service Agreements, such as attempting to earn Points through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with Rewards Program award links or websites.
Participants agree to provide only accurate and true information to Velocity at all times.
Participants agree to comply with all terms and conditions set forth by Velocity and its programs at all times.
Participants agree to promptly notify Velocity of any change in address (mail or email) by updating their personal information at the Rewards Program website.
Participants are responsible for paying all sales, use and other taxes and impositions due or arising in connection with the redemption of Points for rewards and for reporting to and filing with all applicable governmental entities all required returns and reports.
Participants agree that Points must be redeemed prior to their respective expiration and Participants agree that such Points are void and not redeemable. In the case of certificated Points, Participants agree promptly to dispose of redeemed or expired certificates.
f. Termination of Accounts. Should a Participant object to any of the terms and conditions of these Terms and Conditions, or any subsequent modifications thereto, or become dissatisfied with the Rewards Program, the Participant's only recourse is to immediately discontinue participation in the Rewards Program and terminate the Participant's relationship with Velocity. At such time, all Points will be forfeited.
Velocity reserves the right to terminate the participation of any Participant who fails to comply with the Terms and Conditions or the Service Agreements or who appears to be using the Rewards Program in a manner inconsistent with the Terms and Conditions, the Service Agreements or any Rewards Program rules. In the event of such termination, Velocity may elect to cancel the Points in such Participant's account and in any certificates held by the Participant representing Points.
Velocity shall be the sole arbiter in cases of suspected abuse, fraud or violation of its rules and any decision it makes relating to termination of participation (including cancellation of Points) shall be final and binding.
Velocity reserves the right to change, modify or discontinue the Rewards Program with or without notice to the Participant. Velocity shall not be liable to the Participant should Velocity exercise its right to modify or discontinue the Rewards Program.
Velocity reserves the right to terminate any Participant's account if that Participant has been inactive for any given period of 24 consecutive months. A Participant shall be considered “inactive” for such time as the Participant has not added Points or certificates for Points to the Participant's account or redeemed Points for rewards. Upon termination of an inactive account, the accrued Points will be cancelled.
g. Disclaimer of Warranties Specific to Rewards Program. Participants expressly agree that use of the Rewards Program is at the Participant's sole risk. The Rewards Program and all services offered in connection therewith are provided on a strictly “as is” and “as available” basis.
VELOCITY MAKES NO WARRANTY (1) WITH REGARD TO ANY PRODUCTS, SERVICES OR REWARDS OBTAINED BY PARTICIPANTS THROUGH THE REWARDS PROGRAM OR THROUGH VELOCITY'S SUPPLIERS OR SERVICE PROVIDERS; (2) THAT THE REWARDS PROGRAM OR ANY PRODUCTS DELIVERED IN CONNECTION WITH THE REWARDS PROGRAM WILL MEET PARTICIPANTS' REQUIREMENTS; (3) THAT THE REWARDS PROGRAM WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE; OR (4) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE REWARDS PROGRAM OR ANY PRODUCTS DELIVERED IN CONNECTION WITH THE REWARDS PROGRAM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED BY THE PARTICIPANT.
VELOCITY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VELOCITY SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES, WARRANTIES AND REPRESENTATIONS, IF ANY, OFFERED BY REWARDS PROGRAM SUPPLIERS OR SERVICE PROVIDERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A PARTICIPANT FROM VELOCITY THROUGH THE REWARDS PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
h. Limitation of Liability Specific to Rewards Program.
VELOCITY SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO THE REWARDS PROGRAM, THE PRODUCTS FOR WHICH POINTS ARE REDEEMED, OR ANY CONSEQUENCES FLOWING THEREFROM OR RELATED THERETO. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MIGHT NOT APPLY TO YOU.
Velocity is not responsible for any damages or losses that result from participating or being unable to participate in the Rewards Program, or reliance on or use of information, services or merchandise provided on or through the Rewards Program.
Velocity is not responsible for any actions, representations or omissions of Program Sponsors. No third party, including without limitation any Program Sponsor, shall have the authority or ability to change any term or condition of the Rewards Program, and Participant shall have no right to rely on any information from any third party with respect to the actual terms and conditions of the Rewards Program.
Participants acknowledge and agree that Velocity neither endorses the contents of Program Sponsor advertisements or websites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.
Velocity is not responsible and assumes no liability for any changes or discontinuances of services from providers, which may affect offers or the accrual of Points.
Velocity is not responsible and assumes no liability for any unavailability of its website or other technical malfunctions.
In no event shall Velocity's liability, either jointly or severally, exceed the amount of $100.
i. Tax Consequences. Participants are responsible for the tax consequences, if any, of their participation in the Rewards Program. Velocity does not make any representations or warranties regarding any tax implications arising from the receipt of Points, the redemption of Points or participation in the Rewards Program. If the receipt of Points, the redemption of Points or participation in the Rewards Program results in any income tax or other tax liability to a Participant, all such tax liability will be borne by the Participant. Velocity disclaims all responsibility for any such taxes.
j. Force Majeure. In no event shall Velocity be liable or responsible for any breach, default, or delay in the performance of any of its obligations in connection with the Rewards Program occasioned by occurrences or contingencies considered “force majeure” including, but not limited to, delay caused by inability to obtain transportation, inability to obtain materials, delay in transit from a manufacturer or supplier or failure to make delivery by a manufacturer or supplier, shortage of fuel, failure of technology, failure of sources of supplies, breach or default by a supplier, strike, lock out, labor disputes, disasters, fire, flood, accident, invasion, riot, war, revolution, embargo, restraint, acts of God, disease, epidemic, public health crisis, substantial increases in the price of goods, materials, parts, supplies, shipping costs, customs duties, taxes or other costs, failure of electronic equipment, software and/or Internet service, the value of the Chinese Yuan or other Chinese currency no longer being tied to the value of the United States dollar, demand of the United States or any other government, failure of Participant to perform its obligations under these Rewards Program Terms and Conditions, or any other cause or contingency beyond Velocity's control which shall prevent or materially impair Velocity from performing in the normal and usual course of its business in a profitable fashion.
7. Your Account. If you use the Rewards Program Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password. The Rewards Program Website is not and should not be made available to persons under the age under 18. Velocity reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders or user actions in its sole discretion.
8. Third Party Materials. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. You acknowledge and agree that Velocity is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Velocity does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
9. Pricing and Other Advertised Terms. Except where noted otherwise, any pricing, terms of delivery, and/or terms of offer displayed for products or services available via the Rewards Program Website represent the full pricing, terms of delivery, and/or terms of offer provided by the purveyor, manufacturer, or supplier. Where an item is offered for sale or redemption by one of our merchants, the pricing, terms of delivery, and/or terms of offer may be provided by that merchant. With respect to products and services made available via the Rewards Program Website, we cannot confirm the pricing, terms of delivery, and/or terms of offer of a product or service until you order or take the actions necessary to complete the transaction involving the product or service. Despite our best efforts, a product or service available through the Rewards Program Website may be mispriced. If the correct price of a product or service available through the Rewards Program Website is higher than our stated price, we will, at our discretion, either contact you for instructions before transacting or cancel your order or transaction and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced product or service available through the Rewards Program Website.
10. Third Parties Generally. Parties other than Velocity operate customer service locations, provide services, or sell product lines utilizing the Rewards Program Website. In addition, Velocity provides links to the sites of affiliated companies, financial institutions, and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these companies, financial institutions, businesses or individuals or the content of their Web sites. Velocity does not assume any responsibility or liability for the actions, product, services and content of these and any other third parties. You should carefully review the privacy statements and other conditions of use set forth by third parties where applicable.
11. Proprietary Materials. You agree the Velocity Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. The trademarks, logos and service marks (“Marks”) displayed on the Rewards Program Website and associated with the Velocity Services are the property of Velocity, its trademark licensors or other parties (and used with permission). You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Velocity or such third party which may own the Marks. No portion of the Velocity Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Velocity Services in any manner, and you shall not exploit the Velocity Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
12. Languages, Local Rules. In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from your computer or device are not available in all languages or in all countries. Velocity makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
13. Modification, Suspension and Discontinuation. Velocity, and its licensors, reserve the right to change, supplement, modify (including without limitation appearance), or suspend, limit, remove, disable or permanently discontinue your access to or use of, the Rewards Program Website and any Velocity-provided Services at any time without notice or liability.
14. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE REWARDS PROGRAM WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REWARDS PROGRAM WEBSITE AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VELOCITY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE REWARDS PROGRAM WEBSITE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VELOCITY AND ITS SUPPLIERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE REWARDS PROGRAM WEBSITE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE REWARDS PROGRAM WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE REWARDS PROGRAM WEBSITE OR VELOCITY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE REWARDS PROGRAM WEBSITE OR VELOCITY SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
ACCESS AND USE OF THE REWARDS PROGRAM WEBSITE AND VELOCITY SERVICES OCCURS ACROSS THE NETWORKS OF A NUMBER OF WIRELESS AND INTERNET SERVICE PROVIDERS. VELOCITY DOES NOT OPERATE THESE NETWORKS AND HAS NO CONTROL OVER THE OPERATIONS OF THE WIRELESS AND INTERNET SERVICE PROVIDERS. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE TRANSMISSION, COMMUNICATION, POST, OR TRANSACTION OR OTHERWISE INTERFERE WITH THE INTEGRITY THEREOF, INCLUDING, WITHOUT LIMITATION, UNAVAILABILITY OF WIRELESS OR INTERNET SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE OR INTERNET SIGNAL, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS OR INTERNET CONNECTION. VELOCITY DISCLAIMS ANY RESPONSIBILITY FOR ANY WIRELESS OR INTERNET SERVICE USED TO ACCESS THE SERVICES.
USE OF THE REWARDS PROGRAM WEBSITE AND/OR VELOCITY SERVICES WIRELESSLY MAY INVOLVE THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION ACROSS THE NETWORKS OF WIRELESS OR INTERNET SERVICE PROVIDERS. BECAUSE WE DO NOT OPERATE OR CONTROL THE WIRELESS OR INTERNET NETWORKS USED TO ACCESS THE REWARDS PROGRAM WEBSITE AND/OR VELOCITY SERVICES, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS OR INTERNET DATA TRANSMISSIONS. ADDITIONALLY, WIRELESS DEVICE BROWSERS ARE GENERALLY PRE-CONFIGURED BY YOUR WIRELESS INTERNET SERVICE PROVIDER. CHECK WITH YOUR SERVICE PROVIDER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM VELOCITY OVER THE INTERNET FROM A MOBILE PHONE, VELOCITY RESERVES THE RIGHT TO LIMIT SUCH CONNECTIONS TO “SECURE SESSIONS” THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY (“TLS”). VELOCITY WILL TREAT YOUR DATA IN ACCORDANCE WITH THE VELOCITY PRIVACY STATEMENT.
VELOCITY DOES NOT CHARGE FOR USE OR ACCESS OF THE REWARDS PROGRAM WEBSITE AND/OR VELOCITY SERVICES. HOWEVER, YOUR WIRELESS SERVICE PROVIDER (INCLUDING WITHOUT LIMITATION ANY ROAMING WIRELESS SERVICE PROVIDER AND ANY WIFI HOT SPOTS) MAY LEVY FEES OR CHARGES FOR TRANSMISSION OR RECEIPT OF MESSAGES AND OTHER COMMUNICATIONS PERFORMED USING YOUR EQUIPMENT ON THE WIRELESS SERVICE PROVIDER NETWORK, AND YOU ARE SOLELY RESPONSIBLE FOR SUCH CHARGES.
15. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VELOCITY, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF USE OF THE REWARDS PROGRAM WEBSITE AND/OR VELOCITY SERVICES OR ARISING OUT OF THIS END USER LICENSE AGREEMENT OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE REWARDS PROGRAM WEBSITE AND/OR VELOCITY SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VELOCITY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE-HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Indemnification. You shall indemnify and hold Velocity, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers, employees and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Rewards Program Website and/or any Service, any breach of the terms and conditions set forth in the Service Agreements, by you, or other users of the Rewards Program Website and/or any Service using your access ID or credentials. You must use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our expense, to employ separate counsel and assume the exclusive defense and control of any such matter subject to indemnification by you.
17. Governing Law, Jurisdiction. The Service Agreements and your use of the Rewards Program Website and any Velocity Services are governed by, construed and enforced in accordance with the laws of the State of Delaware, USA and applicable federal law without regard to conflicts of laws principles. If for any reason a matter is not arbitrated as provided in the Service Agreements, then any cause of action brought to enforce the Service Agreements, or in connection with any matters related to the Rewards Program Website or Velocity Services shall be brought only in the applicable State or Federal Courts located in Fort Lauderdale, Florida, and you expressly consent to the personal jurisdiction and venue of said courts. Your use of the Rewards Program Website or Velocity Services may also be subject to other local, state, national, or international laws.
18. Third Party Beneficiaries. You agree that My Rewards, LLC (“My Rewards”), and My Rewards’ subsidiaries, affiliates and companies under common ownership with My Rewards, are third party beneficiaries of this End User License Agreement, and that, upon your acceptance of the terms and conditions of this End User License Agreement, My Rewards will have the right (and will be deemed to have accepted the right) to enforce applicable portions of this End User License Agreement against you, the end-user, as a third party beneficiary thereof. This End User License Agreement is otherwise for the sole benefit of the parties hereto and their successors and permitted assigns and nothing herein express or implied shall give or be construed to give any person other than the parties hereto any legal or equitable rights hereunder.
19. Third Party Notifications. My Rewards® and the My Rewards “Box” logo are registered service marks of Velocity. My RewardsTM is also a service mark of My Rewards, LLC. Velocity® and Velocity Solutions® are registered service marks of Velocity. Third party names are the trademarks and/or registered trademarks of their respective owners
20. Contact Us. For assistance with the Rewards Program Website or Velocity Services, please email us at firstname.lastname@example.org or the support email address listed in the “Contact Us” section of the Rewards Program Website.
21. Commercial Status. The Rewards Program Website and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
22. Arbitration. This Arbitration section sets forth the circumstances and procedures under which Claims may be arbitrated instead of litigated in court. You and Velocity specifically acknowledge and agree that your use of the Rewards Program Website and/or the Velocity Services evidences a "transaction involving commerce" under the Federal Arbitration Act and you hereby waive and relinquish any right to claim otherwise. This agreement to arbitrate is made in consideration of you being licensed rights in the Rewards Program Website and/or the Velocity Services and subsequently being afforded the opportunity to utilize the Rewards Program Website and/or the Velocity Services.
As used in this Arbitration section, the term "Claim" or “Claims” means any claim, dispute or controversy between you and Velocity arising from or relating to the Rewards Program Website and/or the Velocity Services, your use of the Rewards Program Website and/or the Velocity Services, or any other matter expressly addressed in the Service Agreements, including the validity, enforceability or scope of this Arbitration section, the Service Agreements, or any prior agreement between you and Velocity. For the purposes of this Arbitration section, "we" and "us" or “Velocity” also include any corporate parent, entity under common ownership, or wholly or majority-owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of "Claims.'' ''Claim'' includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims, third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. "Claim" also includes claims by or against any third party using or providing any product, service or benefit in connection with the Rewards Program Website and/or the Velocity Services, your use of the Rewards Program Website and/or the Velocity Services, or any other matter expressly addressed in the Service Agreements, if and only if such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to the Rewards Program Website and/or the Velocity Services, your use of the Rewards Program Website and/or the Velocity Services, or any other matter expressly addressed in the Service Agreements, including the validity, enforceability or scope of this Arbitration section, the Service Agreements, or any prior agreement between you and Velocity. We shall not elect to use arbitration under this Arbitration section for any Claim that you properly file and pursue in a small-claims court in your state or municipality as long as the Claim is individual and pending only in that court.
Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration section and the code of procedure of the national arbitration organization (the "Code") to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either JAMS (“JAMS") or the American Arbitration Association ("AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitration administrator. For a copy of the procedures, to file a Claim, or for other information about these organizations, contact them as follows: JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614; website: http://www.jamsadr.com; AAA, 335 Madison Avenue, New York, NY 10017; website: http://www.adr.org. ln addition to the arbitration organizations listed above, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration provision set forth below.
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM OR TO HAVE THEIR CLAIMS RESOLVED EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OFJAMS OR AAA, AS APPLICABLE (THE "CODE"). FURTHERMORE, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. IF THE ARBITRATOR SHOULD AWARD ANY DAMAGES, SUCH DAMAGES SHALL BE LIMITED TO ACTUAL AND DIRECT DAMAGES AND SHALL IN NO EVENT INCLUDE CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR TREBLE DAMAGES AS TO WHICH YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO CLAIM TO THE FULLEST EXTENT PERMITTED BY LAW.
If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class-action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to awards to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless agreed to in writing by all parties.
This Arbitration section is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended from time to time (the "FAA"). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration section shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a concise and written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any federal or state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party within fifteen (15) days of receiving the requesting party's notice. The granting or denial of either party's request will be at the sole discretion of the arbitrator, who shall notify the parties of his/her decision within twenty (20) days of the objecting party's submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals and business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall reconsider anew any aspect of the initial award requested by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant's written notice. The decision of the panel shall be by majority vote and shall be final and binding.
The statute of limitations, estoppel, waiver, laches, and similar doctrines shall be applicable, to the extent allowable by law, in any arbitration proceeding, and the commencement of any arbitration proceeding shall be deemed the commencement of an action for these purposes. The arbitrator shall apply relevant Florida and Federal law and provide written and reasoned findings of fact and conclusion of law. The arbitration shall be conducted in Fort Lauderdale, Florida, or any other place mutually acceptable to you and us.
You will be responsible for paying your share, if any, of the arbitration fees (including filing, administrative, hearing and/or other fees) provided by the Code, to the extent that such fees do not exceed the amount of the filing fees you would have incurred if the Claim had been brought in the federal or state court closest to your home or registered address that would have jurisdiction over the Claim. We will be responsible for paying the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees for any Claim you initiate in which you or we seek arbitration. You will not be assessed any arbitration fees in excess of your share if you do not prevail in any arbitration with us.
If any portion of this Arbitration section is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Service Agreements, or any prior agreements you may have had with us, each of which shall be enforceable regardless of such invalidity.