Terms & Conditions

Velocity Vehicle Group Terms of Use

Effective Date: August 15, 2025

INTRODUCTION

Please read these Terms of Use (“Terms”) carefully, as they govern your use of (a) the websites, mobile applications, and other online platforms operated by Velocity Vehicle Group (“VELOCITY,” “we,” “us,” or “our”) where the Terms are posted or linked (collectively, the “Website”) and (b) your use of any services, features, and functionalities available on the Website, including your purchase of any products offered on the Website (collectively, the “Services”).

These Terms represent a binding contract between VELOCITY and you. By using the Website, except for the limited purpose of reviewing these Terms, you expressly represent that you (i) are at least eighteen (18) years of age and have reached the age of majority in your jurisdiction of residence and (ii) agree to be bound by these Terms. If you do not agree to be bound by these Terms, or if these Terms are not enforceable where you are located, you may not use the Website. We would not provide the Website without the conditions in these Terms.

If you are an individual using the Website on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to “you” and “your” in these Terms will refer to both the individual using the Website and to any such Organization.

Certain Services may be subject to different or additional terms, rules, guidelines, or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other means. All Additional Terms are hereby incorporated by reference into these Terms. Any reference to the “Terms” herein includes the Additional Terms. From time to time, Additional Terms may conflict with these Terms. In the event of such a conflict, the Additional Terms will control.

SERVICE INFORMATION; ERRORS AND INACCURACIES

We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Website. All features, content, specifications, products, colors, and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only.

GENERAL USE PROVISIONS

The Website and all materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content, and services ("VELOCITY Content”), are provided either by VELOCITY or by respective third-party authors, developers or vendors ("Third Party Providers") and are the exclusive property of VELOCITY or Third Party Providers and may not be used or exploited in any way without VELOCITY’s prior consent. For avoidance of doubt, all references to the “Website” in these Terms includes the VELOCITY Content.

We are providing you with access to the Website pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license (the “License”). The License is available to you unless and until you or we terminate these Terms, we otherwise suspend or terminate your access to the Website, or you are barred from using the Website by applicable law. VELOCITY reserves all right, title, and interest not expressly granted under the License to the fullest extent possible under applicable law.

Under the License, you are permitted to use the Website solely for non-commercial purposes and only in the following ways: (i) you may access and browse the Website, and use the Services made available to you, using a device that you own or are authorized to use (a “Device”); (ii) you may download the VELOCITY Content from the Website and print out a hard copy, provided that you do not modify it in any way and do not remove or alter any copyright or other notice contained thereon; (iii) you may install a copy of any mobile applications that we make available from time to time (collectively, the “Apps”) on a Device; and (iv) your Device may temporarily store copies of the VELOCITY Content incidental to your use of the Website.

You may not otherwise modify, copy, distribute, display, reproduce, sell, license, create derivative works from, use, or exploit the VELOCITY Content in any manner without the prior written authorization of VELOCITY or the relevant licensor (if applicable). You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

The VELOCITY Content includes the trademarks, service marks, logos, slogans, trade names, and trade dress used on the Website (the “Trademarks”). The absence of a trademark notice or symbol indicating the registration or ownership of the Trademark does not constitute a waiver of VELOCITY’S or its licensors’ trademark or other rights. These Terms do not grant you any rights to use the Trademarks. Under no circumstances are you permitted to use the Trademarks in a manner that creates a likelihood of consumer confusion.

Finally, the Website is intended for users genuinely interested in our Services. Under no circumstances may the Website be used for the purpose of, or with the intention of, initiating litigation or arbitration, including using the Website in order to trigger or induce an alleged violation of any law (“Litigation Purposes”). Use of the Website for Litigation Purposes is strictly prohibited, exceeds the parameters of the License, and, as such, constitutes a breach by you of these Terms. In such circumstances, VELOCITY may elect to terminate these Terms, without prejudice to our ability to seek damages, including attorneys’ fees, resulting from your breach.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. 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 user access, including registered user access, to some parts of the Website or the entire Website.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy (https://www.velocityvehiclegroup.com/privacy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you do not agree to these Terms and the practices described in our Privacy Policy, DO NOT USE THE Website AND/OR PROVIDE US WITH ANY PERSONAL INFORMATION.

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 agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. YOU AGREE THAT YOU ARE RESPONSIBLE FOR THE ACTS AND OMISSIONS OF ANY PERSON WHO USES THE WEBSITE UNDER YOUR ACCOUNT.

We have the right to 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.

LINKS TO THE WEBSITE

You are permitted to establish a hyperlink to the homepage of the Website, provided that (i) you do so in a manner that is legal and does not state or imply any endorsement of or affiliation with the originating website, application, or service (the “Originating Site”) by VELOCITY; (ii) the Originating Site contains no content that you would be prohibited from sharing pursuant to these Terms or any applicable law; (iii) the Originating Site is owned by you or you have express written consent from the owner to establish the link; and (iv) you do not establish a deep-link or otherwise link to any page other than the homepage of the Website. You agree to cooperate with us as requested to remove any links that we determine violate these Terms. We reserve the right to withdraw linking permission at any time and without notice.

LINKS TO THIRD PARTY WEBSITES

The Website may contain links or have references to websites controlled by parties other than VELOCITY. VELOCITY is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites. VELOCITY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VELOCITY of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by VELOCITY. UNDER NO CIRCUMSTANCES SHALL WE BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY YOUR USE OF ANY THIRD-PARTY WEBSITE.

USER CONDUCT

By using the Website, you agree not to use the Website in any manner that:

• Is designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files, or programs);
• Interferes with or disrupts the proper functioning of the Website;
• Infringes any copyright, trademark, trade secret, patent, or other right of any party;
• Consists of any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• Causes VELOCITY to lose (in whole or in part) the services of our Internet service providers or other suppliers;
• Is designed to gain access to services or materials that you are not authorized by VELOCITY to access;
• Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Websites or any portion thereof;
• Violates, or encourages anyone to violate, these Terms or any applicable law, regulation, or order.
• Is for any commercial or for-profit manner or purpose, including, but not limited to, for the purpose of, or with the intention of initiating, future litigation or arbitration, including using the Website in order to trigger or induce an alleged violation of any law.

VELOCITY has the right, but not the obligation, to monitor the Website for the purpose of determining and enforcing compliance with these Terms.

You agree that VELOCITY has the right to (i) take legal action, including referral to law enforcement, with respect to any suspected illegal or unauthorized use of the Website; and (ii) cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or information of any user of the Website.

You hereby waive any claims related to or resulting from any action or inaction of VELOCITY with respect to (i) monitoring the Websites; (ii) determining or enforcing compliance with these Terms; and (iii) cooperating with law enforcement or a court order concerning any matter related to the Website. You further agree that VELOCITY shall not be liable to you with respect to any other user’s conduct that is prohibited under these Terms.

Notwithstanding the use restrictions in this section, nothing in these Terms shall prohibit or restrict your ability to express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about VELOCITY, its employees or agents, or its products or services, to the extent that such Reviews are protected under applicable law.

VIDEO CONTENT

The Website may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Website and is, therefore, provided in connection with VELOCITY’S business activities related to commercial truck dealer services. VELOCITY is not in the business of renting, selling, or delivering Video Content in a commercial manner. By using the Website, you agree that VELOCITY is not a “video tape service provider,” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710 or similar state laws.

Further, the Website may include online technologies and code-based tools, including cookies, pixels, web beacons, and software development kits, that track information about your activity on the Website (collectively, “Cookies”). Cookies may result in information about your activity on the Website being transmitted from your browser to VELOCITY and to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites, services, or platforms (“External Sites”). Whether Cookies on the Website result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of VELOCITY’S knowledge or control, including what External Sites you use, what information you have provided to External Sites, and whether (and the extent to which) you have limited the use of Cookies by the operators of External Sites.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT, IF COOKIES ON THE WEBITE RESULT IN YOUR BROWSER’S TRANSMISSION OF INFORMATION TO EXTERNAL SITES, (I) SUCH TRANSMISSIONS DO NOT CONSTITUTE A “KNOWING DISCLOSURE” OF “PERSONALLY IDENTIFIABLE INFORMATION” BY VELOCITY UNDER THE VPPA AND (II) YOU WILL NOT INITIATE ANY LITIGATION OR OTHERWISE ASSERT ANY CLAIM AGAINST VELOCITY BASED, IN WHOLE OR IN PART, ON SUCH TRANSMISSIONS, WHETHER UNDER THE VPPA, THE CALIFORNIA INVASION OF PRIVACY ACT (CAL. PENAL CODE § 630 ET SEQ.), OR ANY OTHER STATUTE, REGULATION, OR CAUSE OF ACTION.

CHATBOT

The Website may include a chatbot service (the “Chatbot”), which may be powered by generative artificial intelligence. If you interact with the Chatbot, you may not be communicating with a human representative of VELOCITY; you may be communicating with an automated software system that generates responses to your inputs (“Chatbot Output”). 

The Chatbot is provided for the limited purposes of providing information and responding to inquiries concerning the Website and our services. You agree to use the Chatbot solely for the intended purposes set forth in the preceding sentence and otherwise in compliance with these Terms. 

Chatbot Output is provided for general informational purposes only. You should always verify Chatbot Output and should never rely solely on it. You agree that you are responsible for any decisions made or actions taken by you based, in whole or in part, on Chatbot Output. Unless we state otherwise in writing, any views or opinions expressed in Chatbot Output do not necessarily reflect those of VELOCITY. Chatbot Output may not be unique across users, meaning the Chatbot may generate the same or similar content for other users of the Chatbot. While you have the right to use Chatbot Output generated in response to your inputs, you have no ownership rights or interest in any Chatbot Output. 

You understand and agree that information that you share with the Chatbot might not be kept confidential. As such, you should not share any sensitive or personal data, or any proprietary or confidential information, with the Chatbot. Your interactions with the Chatbot may be recorded and retained by VELOCITY for the purpose of addressing your inquiries and otherwise assisting you, improving the operation of the Chatbot, and for any other purposes described in our Privacy Policy, and we may disclose these records to third parties in a manner consistent with our Privacy Policy.

PRIVACY

Your submission of personal information through the Website is governed by our Privacy Policy (https://www.velocityvehiclegroup.com/privacy), which is hereby incorporated into these Terms by reference.

As such, by using the Website after reviewing these Terms, you are representing to VELOCITY that you understand and accept how we collect, use, and disclose information concerning your use of the Website, as set forth in our Privacy Policy. You understand and agree that (a) VELOCITY is justifiably relying on this representation in granting you access to the Website and (b) if you later take legal action inconsistent with this representation, such action will constitute evidence that your representation was false. In that case, VELOCITY may elect to terminate these Terms, without prejudice to our ability to seek damages resulting from your breach. If you do not agree to the practices described in our Privacy Policy, you may not use the Website or provide us with any information.

TRANSACTIONS

You may be permitted to place orders for the purchase of products or services advertised on the Website (“Orders”). If you wish to place an Order, you will be asked to supply certain information, including your name, credit card or other payment method that you have designated (“Payment Method”), and billing and shipping information (collectively, “Payment Information”).

The Payment Methods that we accept will be set forth on the Website and may change from time to time. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD DESIGNATED FOR AN ORDER. You further agree to provide current, complete, and accurate Payment Information. You agree to promptly update your account and/or Payment Information as necessary, so that we can complete your Order and contact you as needed. By submitting any Payment Information, you grant to VELOCITY the right to provide such information to third parties for purposes of facilitating the completion of your Order. Verification may be required prior to the completion of an Order.

Your placement of an Order constitutes a request to purchase the relevant product or service. As such, your receipt of an Order confirmation or similar acknowledgment means only that your request has been received; it does not mean that your Order has been accepted or that the price or availability of the product or service has been confirmed. If we modify or cancel an Order, we will attempt to notify you via the contact information we have on file for you.

The shipping methods available for Orders will be presented on the Website. When an Order has been confirmed, accepted, and processed, we will ship the Order according to the applicable shipping method. We only ship Orders to certain geographic areas. If you request shipment to an address in a geographic area to which we do not ship, either (a) you will be prevented from placing the Order on the Website or (b) we will cancel the Order upon receipt or otherwise communicate with you regarding the issue. We reserve the right to send components of a single Order in multiple shipments. Unless we agree otherwise, the risk of loss for and title to products purchased on the Website passes to the purchaser upon delivery to the carrier.

You agree to pay all charges incurred by you or on your behalf through the Website at the price in effect when incurred, including any shipping charges. You are solely responsible for any taxes applicable to your Order, regardless of whether tax is included in the purchase price on the Website. Further, it is your responsibility to comply with all applicable laws concerning the receipt, possession, and use of any product or service purchased from the Website. Any offer for any product or service made on the Website is void where prohibited.

LIMITATION OF LIABILITY

YOU AGREE THAT VELOCITY, ITS OFFICERS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, AND LICENSORS (THE “RELEASED PARTIES”) TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW SHALL NOT BE LIABLE FOR THE FOLLOWING DAMAGES (IF ANY) ARISING IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE WEBSITES OR ANY PRODUCTS OR SERVICES OBTAINED BY YOU THROUGH THE WEBSITES: (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, STATUTORY, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (II) LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS, IN ALL CASES WHETHER DIRECT OR INDIRECT; (III) DAMAGES, INCLUDING FOR ANY DELAY OR FAILURE IN PERFORMANCE, ARISING FROM CAUSES BEYOND THE REASONABLE CONTROL OF THE RELEASED PARTIES; (IV) DAMAGES ARISING FROM THE CONDUCT OF OTHER USERS OF THE WEBSITES OR THEIR USER CONTENT; (V) OR DAMAGES RELATING TO THE DELAY, FAILURE, INTERRUPTION, DISCLOSURE, OR CORRUPTION OF ANY DATA OR INFORMATION TRANSMITTED IN CONNECTION WITH THE WEBSITES.

FURTHER, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE RELEASED PARTIES IN CONNECTION WITH ANY DISPUTE (DEFINED BELOW) EXCEED THE GREATER OF (I) $100 USD OR (II) THE AMOUNT YOU PAID TO VELOCITY IN CONNECTION WITH YOUR USE OF THE WEBSITES IN THE 12-MONTH PERIOD PRECEDING THE DATE ON WHICH THE FIRST CLAIM RELATED TO THE DISPUTE AROSE.

THE LIMITATION OF LIABILITY IN THIS SECTION APPLIES REGARDLESS OF LEGAL THEORY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. FURTHER, YOU UNDERSTAND AND AGREE THAT THE LIMITATION OF LIABILITY IN THIS SECTION IS AN ESSENTIAL ASPECT OF OUR ABILITY TO PROVIDE THE WEBSITES TO YOU AND THAT WE WOULD NOT BE ABLE TO DO SO WITHOUT IT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. FOR CLARIFICATION, NOTHING IN THESE TERMS SEEKS TO EXCLUDE OR LIMIT ANY DAMAGES OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. YOU AGREE, HOWEVER, THAT THE TERMS OF THIS SECTION SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

DISCLAIMER OF WARRANTIES

• THE WEBSITES

  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITES ARE PROVIDED "AS IS." VELOCITY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PARTY, RELATING IN ANY WAY TO THE WEBSITES. FOR AVOIDANCE OF DOUBT, VELOCITY DISCLAIMS ANY IMPLIED WARRANTIES THAT THE WEBSITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VELOCITY OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

  WITHOUT LIMITING THE PRECEDING PARAGRAPH, WE DO NOT GUARANTEE THAT (I) THE WEBSITES WILL MEET YOUR REQUIREMENTS OR BE WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING OR; (II) VELOCITY CONTENT WILL BE ACCURATE, ERROR FREE, TIMELY, COMPLETE, OR RELIABLE. IT IS YOUR RESPONSIBILITY TO EVALUATE ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE ON OR THROUGH THE WEBSITES AND TO CONSULT PROFESSIONALS AS NEEDED IN SUCH EVALUATION.

• PRODUCTS AND SERVICES

  VELOCITY DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT ANY DEFECTS IN SUCH PRODUCTS OR SERVICES WILL BE CORRECTED. VELOCITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

• ADDITIONAL RIGHTS

  SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. FOR CLARIFICATION, NOTHING IN THESE TERMS SEEKS TO EXCLUDE ANY WARRANTIES THAT CANNOT BE EXCLUDED BY APPLICABLE LAW. YOU AGREE, HOWEVER, THAT THE TERMS OF THIS SECTION SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

You shall defend and indemnify VELOCITY and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) finally awarded against VELOCITY or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. VELOCITY shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website and/or the goods, services or VELOCITY Content associated with the Website other than in accordance with these Terms; (b) the combination of the Website and/or the goods, services or VELOCITY Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.

We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent.

Separately, if you initiate (or threaten to initiate) any litigation, arbitration, or otherwise assert any claim against VELOCITY and its Third Party Providers that is based or relies, in whole or in part, upon a repudiation or breach of any promises, representations, warranties, agreements, or consents that you have made to or with VELOCITY pursuant to these Terms (collectively “Prohibited Legal Actions”), you agree to indemnify and hold harmless VELOCITY and its Third Party Providers from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to the Prohibited Legal Action, regardless of the legal theory of the Prohibited Legal Action and whether it is brought or asserted individually or as part of a collective or class proceeding.

DISPUTES AND ARBITRATION

If there is any controversy, claim, action, or dispute between you and VELOCITY arising out of or related to your use of the Website (including any products or services purchased on the Website), or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), you and VELOCITY agree to resolve the Dispute through the dispute resolution procedures set forth herein, even if the Dispute arose prior to the Effective Date of these Terms.

A. Informal Dispute Resolution

You and VELOCITY agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).

All Dispute Notices must: (1) be signed by the Complaining Party; (2) include the Complaining Party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and VELOCITY. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.

Dispute Notices shall be sent to:

• To VELOCITY: You must send notice (1) by electronic mail to compliance@vvgtruck.com and (2) by first-class or certified mail to 2429 S. Peck Road, Whittier, CA 90601.
• To You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.

You and VELOCITY will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and VELOCITY (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. VELOCITY will participate in the Conference through one or more representatives, which may include our counsel.

Both you and VELOCITY agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute.

B. Individual Arbitration

IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND VELOCITY AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT NEITHER PARTY WILL HAVE, AND YOU AND VELOCITY EACH HEREBY WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIMS, AND THAT NEITHER YOU NOR VELOCITY IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Terms), before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to JAMS for arbitration being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (the “Minimum Standards”) if (and only if) it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The Minimum Standards are available at www.jamsadr.com/consumer-minimum-standards. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to (a) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (b) hold a hearing by teleconference or videoconference.

The arbitrator, and not any court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. For the avoidance of doubt, you and VELOCITY agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this “Disputes and Arbitration” section or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in a court of competent jurisdiction.

C. Mass Arbitration

This section applies to Mass Arbitrations (defined below) and supersedes any provision to the contrary in these Terms.

If you or VELOCITY files a Demand for Arbitration that is one of fifty (50) or more similar Demands for Arbitration filed against the other party (i.e., against you or VELOCITY, as applicable) by parties represented by the same law firm or law firms acting in coordination (“Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Procedures”). The Mass Arbitration Procedures are available at www.jamsadr.com/mass-arbitration-procedures.

You and VELOCITY agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this section or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.

D. Exceptions

In lieu of the dispute resolution procedures described above, VELOCITY may file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights.

In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

CHOICE OF LAW AND CHOICE OF FORUM

• Choice of Law: These Terms and your use of the Website shall be governed by the laws of the United States and the State of Delaware, without giving effect to any conflict of laws principles that would result in the application of the laws of any other jurisdiction. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
• Choice of Forum: Any Disputes not subject to arbitration pursuant to the Terms shall be resolved by a court located in California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such Dispute.

JURISDICTION

VELOCITY controls and operates the Website from within the United States and makes no representation or warranty that the Website is appropriate or available for use or access in any location outside of the United States. Anyone using or accessing the Website from outside the United States does so on their own risk and is responsible for compliance with all applicable laws and regulations, including U.S. and international export control laws and regulations.

CHANGES TO THESE TERMS AND THE WEBSITE

• Changes to These Terms: We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” above. For material changes, we will seek to supplement such notice by a pop-up message on the Website, another prominent notice on the Website, or by other reasonable means. Your use of the Website following any changes to these Terms will constitute your acceptance of the Terms as modified.
• Termination of These Terms: These Terms will continue to apply until terminated by either you or VELOCITY. We may terminate these Terms or suspend, or terminate your access to the Websites, at any time if (a) we believe you have breached any of these Terms, (b) we stop providing the Websites or any material component thereof, or (c) as we believe necessary to comply with applicable law. You may terminate these Terms at any time by discontinuing your use of the Website and, if applicable, deleting your account.
• If you or we terminate these Terms, or if we suspend or terminate your access to the Website, you agree that (a) your right to access and use the Website ceases immediately, (b) we shall have no liability to you in connection with such suspension or termination, and (c) except as expressly provided otherwise by VELOCITY, we will not refund any amounts that you have already paid to us. Notwithstanding the preceding sentence, if you voluntarily terminate these Terms, and you are not barred from using the Website by VELOCITY or applicable law, you are permitted to resume use of the Website at a later date. You agree that any such resumed use of the Website after termination constitutes your renewed acceptance of the then-current version of these Terms.
• The following provisions shall survive the termination of these Terms: INTRODUCTION, GENERAL USE PROVISIONS (excluding the License), VIDEO CONTENT, USER CONDUCT, PRIVACY, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION, DISPUTES AND ARBITRATION, CHOICE OF LAW & CHOICE OF FORUM, MISCELLANEOUS, and any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.

MISCELLANEOUS PROVISIONS

• Entire Agreement: These Terms, the Privacy Policy, and Additional Terms represent the parties' entire understanding and agreements relating to your use of the Website.
• Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
• No Relationship: No joint venture, partnership, employment, or agency relationship exists between VELOCITY and you as a result of these Terms or your use of the Website.
• Assignment: You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.
• No Waiver: If VELOCITY does not exercise or enforce any legal right or remedy which is contained in these Terms (or which VELOCITY has the benefit of under any applicable law or regulation), such action or inaction shall not be deemed a formal waiver of VELOCITY’s rights, and all such rights or remedies shall still be available to VELOCITY.
• Admissibility: You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
• Notice to California Residents: The following terms apply to California residents:
  • You may reach VELOCITY at the contact information provided below. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  • WITH RESPECT TO ANY LIMITATIONS OR DISCLAIMERS OF WARRANTIES OR LIABILITY INCLUDED IN THESE TERMS, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

AGREEMENT TO RECEIVE TEXT MESSAGES

By providing your mobile number, you agree that VELOCITY or its service provider may send you periodic SMS or MMS messages containing but not limited to important information, updates, deals, and specials. By providing your mobile number, you are agreeing to receive these messages even if your mobile number is registered on a state or federal do-not-call list.

• You may unsubscribe at any time by following the instructions provided to you in the communications.
• Message and data rates may apply.
• You agree to notify us of any changes to your mobile number and update your account with us to reflect this change.
• Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.
• By subscribing or otherwise using the service, you acknowledge and agree that we will have the right to change and/or terminate the service at any time, with or without cause and/or advance notice.

If you have any questions please contact us at (800) 366-4621.

Will I be charged for the text messages I receive?

Depending on your phone plan, you may see some charges from your mobile provider. Please reach out to your wireless provider if you have questions about your text or data plan.

CONTACT INFORMATION

If you have any questions about these Terms please contact compliance@vvgtruck.com.