Terms of Use
Welcome to the VeloWear Web Site ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").
General
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We may also reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address / phone number provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers, resellers or distributors.
Site Contents
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Deyo, Inc. DBA VeloWear, and its subsidiaries and/or affiliates ("VeloWear").
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
User Comments, Feedback, Postcards and other Submissions.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to VeloWear on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain VeloWear’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to VeloWear of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, VeloWear will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. VeloWear is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that VeloWear may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that VeloWear may use your information for marketing and promotional purposes.
Velowear's Communications to You
You agree that VeloWear may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of VeloWear's products or services, or for such other purpose(s) as VeloWear deems appropriate.
Product Information
The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Links to other websites and services
To the extent that this Site contains links to outside services and resources, the availability and content of which VeloWear does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT VELOWEAR SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Inaccuracy Disclaimer
From time to time there may be information on VeloWear.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your VeloWear.com purchase you may return it with your invoice to VeloWear by mail. Please see our Return Policy.
Indemnification
You agree to defend, indemnify and hold VeloWear harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Miscellaneous
Unless otherwise specified and except to the extent VeloWear products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting VeloWear's products and services. This Site is controlled and operated by VeloWear from its offices in Grover Beach, California.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of San Luis Obispo and/or the Northern District of California.
Termination
This Agreement is effective unless and until terminated by either you or VeloWear. You may terminate this Agreement at any time. VeloWear also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in VeloWear's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or VeloWear, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.