These Website Terms of Use (“Terms”) govern your access to and use of velvetech.com (the “Website”), which is operated by Velvetech LLC (“Velvetech,” “we,” “us,” or “our”).
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the binding-arbitration provision and class-action waiver in Section 14. When you register, log in, or submit a form on the Website, you affirmatively agree to these Terms and to our Privacy Policy. If you do not agree to these Terms, please do not use the Website.
1. Informational Purpose Only
This Website is provided for general informational purposes only. It is intended to present information about Velvetech, its capabilities, experience, services, and areas of expertise. Any information, materials, case studies, examples, presentations, demos, insights, or descriptions of services made available on the Website are provided for illustrative and informational purposes only. Nothing on this Website constitutes an offer, promise, warranty, commitment, or other binding obligation on the part of Velvetech. Nothing on this Website should be relied upon as legal, financial, technical, compliance, or other professional advice.
2. No Contractual or Business Relationship
Your use of the Website, including submission of any contact forms, requests, applications, registrations, or inquiries, does not create any contractual, legal, fiduciary, advisory, employment, partnership, joint venture, or other business relationship between you and Velvetech. Velvetech provides services solely pursuant to a separate written agreement executed by authorized representatives of the relevant parties, such as a Master Services Agreement, Statement of Work, subscription agreement, or other applicable contract.
3. No Reliance
You agree that any use of or reliance on information provided on the Website is at your own risk. Velvetech does not guarantee that any content on the Website is complete, accurate, current, or suitable for your specific circumstances, and Velvetech disclaims liability arising from any reliance on such information for business, legal, technical, financial, or other decisions.
4. Acceptable Use
You agree to use the Website only for lawful purposes and in accordance with these Terms. You may not:
- misuse, disrupt, damage, overburden, or impair the Website or its operation;
- attempt to gain unauthorized access to any part of the Website, its servers, or related systems;
- submit false, misleading, fraudulent, or unlawful information;
- use robots, scrapers, crawlers, bots, bulk submission tools, or other automated means to access, extract data from, or interact with the Website without authorization;
- introduce malicious code, viruses, worms, trojans, or other harmful material;
- use the Website in any manner that infringes the intellectual property rights or other rights of Velvetech or any third party;
- use the Website in violation of any applicable law or regulation.
Velvetech reserves the right to restrict, suspend, or terminate access to the Website at its discretion, including where we reasonably believe these Terms have been violated.
5. Intellectual Property
All content available on or through the Website, including text, graphics, logos, icons, images, video, design elements, layout, software, and other materials, is owned by Velvetech or its licensors and is protected by applicable intellectual property, copyright, trademark, and other laws. You may view the Website and print or download limited portions of its content solely for your internal, non-commercial informational use, provided that you do not remove or alter any proprietary notices. Except as expressly permitted above or required by applicable law, no Website content may be copied, reproduced, republished, uploaded, posted, modified, distributed, transmitted, displayed, licensed, or otherwise used without Velvetech’s prior written permission.
6. Accuracy and Availability of Information
Velvetech makes reasonable efforts to keep the Website and its content accurate and up to date. However, the Website may contain errors, omissions, outdated information, or typographical inaccuracies. Velvetech reserves the right to modify, update, suspend, withdraw, or discontinue any aspect of the Website or its content at any time without notice. Velvetech does not guarantee that the Website will always be available, uninterrupted, secure, or error-free.
7. No Warranties
The Website and all content, materials, and functionality made available through it are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Velvetech disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of accuracy, completeness, non-infringement, merchantability, fitness for a particular purpose, availability, security, and freedom from viruses or other harmful components.
8. Limitation of Liability
To the fullest extent permitted by applicable law, Velvetech and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to: your access to, use of, or inability to use the Website; your reliance on any Website content; errors, omissions, interruptions, delays, or failures in Website operation; or unauthorized access to, alteration of, or misuse of the Website or related systems by third parties. If, notwithstanding the foregoing, Velvetech is found liable for any claim arising out of or relating to the Website or these Terms, Velvetech’s total aggregate liability shall not exceed USD 100, to the extent permitted by applicable law.
9. Submissions and Communications
If you submit information to Velvetech through the Website, including through contact forms, newsletter forms, event registration forms, or similar features, you represent that the information you provide is accurate and that you have the right to provide it. You should not submit confidential or proprietary information through the Website unless expressly requested by Velvetech and protected under a separate written agreement. Any personal information you submit through the Website will be handled in accordance with our Privacy Policy.
9.1 SMS Communications
If you provide your phone number to Velvetech and consent to receive SMS messages, you agree to receive one-to-one text messages from Velvetech representatives related to your inquiry, sales engagement, or active services agreement. You can opt out at any time by replying STOP. Standard message and data rates may apply. Use of SMS communications is also governed by Velvetech’s Privacy Policy.
10. Third-Party Links
The Website may contain links to third-party websites, services, or platforms for convenience only. Velvetech does not control and does not endorse, guarantee, or assume responsibility for the content, availability, security, policies, or practices of any third-party websites or services. Your use of third-party websites is at your own risk.
11. Cookies, Tracking, and Consent
The Website uses cookies and similar technologies as described in our Privacy Policy. Where required by law, non-essential technologies are used only with your consent, which you can manage through the cookie-preferences tool available on the Website. Your use of the Website is subject to the Privacy Policy, which is incorporated into these Terms by reference.
12. Privacy
Your use of the Website is also subject to Velvetech’s Privacy Policy, which governs the collection, use, and processing of personal data through the Website.
13. Changes to These Terms
Velvetech may revise or update these Terms from time to time at its discretion. Any updated version will be posted on the Website and will become effective upon publication, unless otherwise stated. Your continued use of the Website after any such update constitutes your acceptance of the revised Terms.
14. Dispute Resolution; Binding Arbitration; Class Action Waiver; Jury Trial Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED AND LIMITS THE WAYS YOU CAN SEEK RELIEF.
(a) Agreement to arbitrate. Except for the carve-outs in subsection (d), any dispute, claim, or controversy arising out of or relating to these Terms or the Website (a “Dispute”) shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The seat of arbitration shall be Miami-Dade County, Florida, and the Federal Arbitration Act governs the interpretation and enforcement of this Section.
(b) Class action waiver. All Disputes must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
(c) Jury trial waiver. To the extent any Dispute proceeds in court despite this Section, each party knowingly and voluntarily waives any right to a trial by jury.
(d) Carve-outs. Either party may bring an individual claim in a small-claims court with jurisdiction, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
(e) 30-day right to opt out. You may opt out of this arbitration agreement by sending written notice, within 30 days after you first accept these Terms, to legalbox@velvetech.com, stating your name and intent to opt out. Opting out of arbitration does not affect any other provision of these Terms.
(f) Severability of this Section. If the class-action waiver in subsection (b) is found unenforceable as to a particular claim, that claim (and only that claim) shall be severed and proceed in court; the remainder of this Section shall remain in effect.
15. Governing Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles. For any matter not subject to arbitration under Section 14, the exclusive venue shall be the state or federal courts located in Miami-Dade County, Florida, and you consent to the jurisdiction and venue of such courts.
16. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
17. Contact
If you have any questions regarding these Terms, please contact us at legalbox@velvetech.com or using the contact information provided on the Website.
