Terms of Use

 

Updated October 2017

 

These Terms and Conditions of Use (the “Terms of Use”) apply to the website velocityuc.com and related websites (the “Velocity Site”) owned or operated by Velocity Urgent Care, LLC, a Virginia limited liability company (“Velocity”). The Velocity Site is the property of Velocity and its licensors. BY USING THE VELOCITY SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, YOU MAY NOT ACCESS THE VELOCITY SITE.

 

Provided you comply with these Terms of Use, Velocity grants you a personal, non-exclusive, non-transferable, revocable, limited license to enter and use the Velocity Site.

 

Content

All text, graphics, images, video, audio, charts, widgets, user interfaces, visual interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Velocity Site is owned, controlled, or licensed by or to Velocity, and is protected by trade dress, copyright, patent and trademark laws, and various other U.S. and international intellectual property rights and unfair competition laws.

 

Except as expressly provided in these Terms of Use and separate terms provided in connection with specific Content provided through the Velocity Site, no part of the Velocity Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, publicly performed , encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any purpose, without Velocity’s express prior written consent.

 

You may use information and materials purposely made available by Velocity for downloading from the Velocity Site, provided that you: (1) do not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information; and (4) do not make any additional representations or warranties relating to such documents. Such information and materials are provided to you on a nonexclusive, personal, nontransferable, revocable, and limited basis only.

 

VELOCITY URGENT CARE^SM and related logos and marks, and other trademarks, service marks, names and logos used on the Velocity Site are owned by Velocity or its licensors or affiliates. All rights not expressly granted are hereby reserved.

 

Account

For applicable Velocity Sites, users who are ages 13 and older may choose to register an account (a user who has registered for an account through a Velocity Site is a “Registered User”, each such account a “Velocity Account”). If you are under 18, you may only become a Registered User with the involvement and consent of a parent or guardian. Depending upon the type of Velocity Account for which you are registering, in addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information and other information. When you register for a Velocity Account you must (i) provide accurate and truthful information about yourself, including, if applicable, billing information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing a Velocity Account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for such Velocity Account. You may be requested to abide by additional Velocity Account terms of use.

 

Your Velocity Account is personal to you. You are responsible for maintaining the confidentiality of your Velocity Account and password and for restricting access to your Velocity Account, and you agree to accept responsibility for all activities that occur under your Velocity Account. Velocity reserves the right to refuse service, terminate or disable the Velocity Site (or any portion of the Velocity Site) or any Velocity Accounts, remove or edit Content, or cancel orders in its sole discretion. You must notify Velocity immediately of any breach of or unauthorized use of your Velocity Account.

 

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Velocity Site, including payment terms, Content use restrictions or terms, contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. All purchases from the Velocity Site are nonreturnable unless stated otherwise. If a purchase from the Velocity Site is eligible for return, Velocity does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Velocity does not take title to the refunded item. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Velocity Site or for any Content, purchase or service offered on or through the Velocity Site, the latter terms shall control with respect to your use of that portion of the Velocity Site or the specific Content, purchase or service.

 

Velocity’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Velocity Site should be construed to alter such agreements, provide additional warranties, or create additional obligations on the part of Velocity.

 

You must input a valid credit card number and expiration date before you will be allowed to purchase any items from the Velocity Site, and you do hereby represent and warrant that you are authorized to use the credit card. You do hereby authorize Velocity to charge your credit card for all expenses incurred on your Velocity Account. If you dispute any charge on your Velocity Account, then you must contact Velocity within ten (10) days of your receipt of your statement containing the disputed charge. All denials of a transaction by your bank, all holds, and all other similar issues are your sole responsibility and should be dealt with between you and your bank. Velocity takes reasonable steps to ensure that all data transmitted by Velocity is done safely and privately; however, despite those steps, Velocity cannot guarantee the complete security of all credit card and other data transmitted by Velocity or its processor. Please review the DISCLAIMERS and LIMITATION OF LIABILITY sections set forth below, which are applicable to each user’s use of the Velocity Site, including the transmission of credit card and other data.

 

Velocity may make changes to any Content, products, services or features offered on the Velocity Site, or to the applicable prices for any such Content, products, services or features, at any time, without notice. Velocity attempts to be as accurate as possible. However, Velocity does not warrant that product descriptions or other information about any Velocity product or service is complete, reliable, current, or error-free. Velocity reserves the right to cancel any transaction up until the time the item is shipped. All items purchased from Velocity are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Velocity’s delivery to the carrier.

 

Privacy

Velocity’s Privacy Policy applies to use of this Velocity Site, and its terms (current or as they may be amended) are made a part of these Terms of Use by this reference. Additionally, by using the Velocity Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Velocity Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

The Velocity Privacy Policy may be changed from time to time. Your use of the Velocity Site shall subject you to the then-current terms of the Privacy Policy.

The Velocity Site may use encryption technology to protect information from access by unauthorized third parties. VELOCITY AND ITS RELATED PARTIES PROVIDE NO GUARANTY, REPRESENTATION, OR WARRANTY, WHETHER EXPRESS OR IMPLIED (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), THAT THE ENCRYPTION TECHNOLOGY WILL OPERATE AS INTENDED OR THAT A THIRD PARTY WILL NOT BE ABLE TO ACCESS INFORMATION. If you have any concern about sending any information over the Internet or otherwise communicating with Velocity, then you should use an alternative means of submission. By sending information over the Internet in connection with your use of the Velocity Site, you agree to indemnify and hold harmless Velocity, its officers, directors, employees, contractors, agents, affiliates, and assigns from and against all claims arising out of or relating to any failure of the encryption technology to protect your information.

 

Links to Other Sites

This Velocity Site may contain links to third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Velocity’s control, and Velocity is not responsible for the practices, content, security, privacy policies or practices of the Linked Sites and does not endorse (and cannot censor or edit) the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 

Your Use of the Velocity Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Velocity Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Velocity Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Velocity Site. Velocity reserves the right to bar any such activity.

 

You may not attempt to gain unauthorized access to any portion or feature of the Velocity Site, or any other systems or networks connected to the Velocity Site or to any Velocity server, or to any of the services offered on or through the Velocity Site, by hacking, password “mining” or any other illegitimate means.

 

You may not probe, scan or test the vulnerability of the Velocity Site or any network connected to the Velocity Site, nor breach the security or authentication measures on the Velocity Site or any network connected to the Velocity Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Velocity Site, or any other customer of Velocity, including any Velocity Account not owned by you, to its source, or exploit the Velocity Site or any service or information made available or offered by or through the Velocity Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Velocity Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Velocity Site or Velocity’s systems or networks, or any systems or networks connected to the Velocity Site or to Velocity.

 

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Velocity Site or any transaction being conducted on the Velocity Site, or with any other person’s use of the Velocity Site.

 

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Velocity on or through the Velocity Site or any service offered on or through the Velocity Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

You may not use the Velocity Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Velocity or others.

 

All rights not expressly granted to you in these Terms of Use or any other service terms you agree to are reserved and retained by Velocity or its licensors, suppliers, rights holders, or other content providers. The license granted by Velocity automatically terminates if you do not comply with these Terms of Use or any other terms of service.

 

Disclaimers

VELOCITY DOES NOT PROMISE THAT THE VELOCITY SITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE VELOCITY SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE VELOCITY SITE WILL PROVIDE SPECIFIC RESULTS. THE VELOCITY SITE AND ITS CONTENTS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. VELOCITY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE VELOCITY SITE OR ELECTRONIC COMMUNICATIONS SENT FROM VELOCITY WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VELOCITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. VELOCITY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE VELOCITY SITE AND/OR ANY VELOCITY SERVICES. YOU EXPRESSLY AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE VELOCITY SITE OR A VELOCITY ACCOUNT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST VELOCITY FOR DISSATISFACTION WITH THE VELOCITY SITE OR ANY CONTENT IS TO STOP USING THE VELOCITY SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

 

Velocity reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Velocity Site, or any portion of the Velocity Site or Velocity Account, for any reason; (2) to modify or change the Velocity Site or any portion of the Velocity Site; and (3) to interrupt the operation of the Velocity Site, or any portion of the Velocity Site or a Velocity Account, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

Limitation of Liability

Except where prohibited by law, in no event will Velocity (or its directors, officers, employees, contractors, agents’ affiliates or assigns) be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Velocity has been advised of the possibility of such damages.

 

If, notwithstanding the other provisions of these Terms of Use, Velocity is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Velocity Site or any Content, Velocity’s liability shall in no event exceed the greater of (1) the total amount you paid to Velocity in the transaction giving rise to your claim, or (2) US $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Indemnity

You agree to indemnify and hold Velocity, its officers, directors, employees, contractors, agents, affiliates and assigns, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Velocity by any third party due to or arising out of or in connection with your use of the Velocity Site. This obligation shall survive your use of the Velocity Site.

 

Violation of These Terms of Use

Velocity may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Velocity Site, or to identify, contact or bring legal action against someone who may be causing injury to or interfering with (either intentionally or unintentionally) the Velocity Site, Content, Velocity’s rights or property, or the rights or property of visitors to or users of the Velocity Site, including Velocity’s customers. Velocity reserves the right at all times to disclose any information that Velocity deems necessary to comply with any applicable law, regulation, legal process or governmental request. Velocity also may disclose your information when Velocity determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

 

You acknowledge and agree that Velocity may preserve any transmittal or communication by you with Velocity through the Velocity Site or any service offered on or through the Velocity Site or by other means of communication, and may also disclose such data if required to do so by law or Velocity determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Velocity, its directors, officers, employees, contractors, agents, affiliates and assigns, users of or visitors to the Velocity Site, and the public.

 

You agree that Velocity may, in its sole discretion and without prior notice, terminate and/or block your access to the Velocity Site or a Velocity Account or terminate or block access to any related websites, products or services, if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Velocity Site, a Velocity Account, or other website or service associated with Velocity. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Velocity, for which monetary damages would be inadequate, and you consent to Velocity obtaining any injunctive or equitable relief that Velocity deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Velocity may have at law or in equity.

 

You agree that Velocity may, in its sole discretion and without prior notice, terminate your access to the Velocity Site or a Velocity Account, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Velocity Site or any service offered on or through the Velocity Site, or (3) unexpected technical issues or problems.

 

If Velocity does take any legal action against you as a result of your violation of these Terms of Use, Velocity 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. You agree that Velocity will not be liable to you or to any third party for termination of your access to the Velocity Site as a result of any violation of these Terms of Use.

 

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Velocity Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Virginia without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the federal court in Norfolk, Virginia, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You may not seek recovery for damages related to the use of the Velocity Site. In any action to enforce or pertaining to these Terms of Use or the Velocity Site, the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Velocity and you arising out of or in connection with your use of the Velocity Site, 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 the parties agree to submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue their claim under applicable law.

 

Void Where Prohibited

Although the Velocity Site is accessible worldwide, not all Content, features, products or services discussed, referenced, provided or offered through or on the Velocity Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Velocity reserves the right to limit, in its sole discretion, the provision and quantity of any Content, feature, product or service to any person or geographic area. Any offer for any Content, feature, product or service made on the Velocity Site is void where prohibited. If you choose to access the Velocity Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

Miscellaneous

You may not use, distribute, transmit, or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Velocity Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

 

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Velocity with regard to your use of the Velocity Site, and any and all other written or oral agreements or understandings previously existing between you and Velocity with respect to such use are hereby superseded and cancelled. Velocity will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Velocity’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Velocity of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Velocity and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Velocity may provide access to international data and, therefore, may contain references or cross references to Velocity products, programs and services that are not announced in your country. Such reference does not imply that Velocity intends to announce or provide such products, programs or services in your country.

 

Feedback and Communications

Any feedback you provide at this Velocity Site shall be deemed to be non-confidential. Velocity shall be free to use such information on an unrestricted basis. By transmitting such feedback or information, you grant to Velocity the perpetual, royalty-free right and license to use such feedback or information without further obligation to you.

 

When you visit the Velocity Site or send emails or messages to us, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Velocity Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy all legal requirements that such communications be in writing. Further, by providing information to us, or by submitting a service request, you are requesting and expressly consent to being contacted by us via phone, fax, email, mail, or other reasonable means of communication, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial, or other applicable “Do Not Call” list, so that we may provide you with the services requested, to service your Account, to address matters pertaining to your Account, or for other purposes related to our business, including marketing.

 

You may contact Velocity by writing, calling, or emailing us at the following:

Velocity Urgent Care, LLC
3901 Treyburn Drive
Suite 201
Williamsburg, VA 23185
(757) 772-6134
info@velocityuc.spinmodern.co