Velocys >

LEGAL NOTICE AND DISCLAIMER

1. GENERAL

Use of the www.velocys.com website (the "Site") is governed by the following Terms and Conditions and a Privacy Policy, both of which Users must read before using the Site. All pages within this Site are owned and operated by Velocys, Inc. ("Velocys"). A "User" is defined as any person who accesses the Site. By using the Site, you agree to be bound by these Terms and Conditions, which may be wholly or partially changed, modified, added to or reduced at any time by Velocys in its sole discretion. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Users should visit the Site periodically to determine the applicable Terms and Conditions.

2. USER CONDUCT AND USE OF THE SITE

(A) User agrees to use the Site for lawful, noncommercial purposes only. User shall comply with all federal, state, and local laws applicable to the use of this Site and shall not post or transmit any material that violates or infringes in any way upon the rights of others (including, without limitation, any copyright, trademark or other intellectual property rights); is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or contains advertising or any solicitation.

(B) Velocys is not in any way associated with or responsible for unauthorized content posted by Users or third parties. Velocys, to the extent it is capable, will monitor content posted on the Site, and reserves the right to remove anything that is, in its sole discretion, unacceptable, and to disclose data to law enforcement agencies or authorities which may investigate reports of misuse or abuse of this Site. Velocys reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.

3. LINKING

The Site contains links and pointers to other related World Wide Web internet sites and resources. Links to and from the Site to other sites maintained by third parties, do not constitute an endorsement by Velocys of any third party resources or their contents, and Velocys shall not be responsible for the content contained on any such site or resource.

4. COPYRIGHT AND COPYRIGHT AGENT

All content available at this site, such as text, graphics, logos, icons, images, audio clips, video clips, and/or other content, is the property of Velocys and is protected by U.S. and international copyright law. The compilation (meaning selection, composition, and arrangement) of all of the content on the Site is the exclusive property of Velocys and protected by U.S. and international copyright law. Velocys reserves the right to remove any content, from any source, at any time, for any reason (including, but not limited to, claims or allegations made by third parties relating to such content).

Velocys respects the intellectual property of others and asks that Users do the same. If a User or any other party feels that its work has been copied in a way that constitutes copyright infringement, that person should provide Velocys's designated Copyright Agent with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Velocys's designated Copyright Agent for notice of claims of infringement on this site is Laura Silva who can be reached as follows:

By mail: Velocys, Inc., 7950 Corporate Boulevard, Plain City, Ohio 43064
By Phone: 614/733-3300
By email: silva@velocys.com

5. TRADEMARKS

VELOCYS and the VELOCYS logo are service marks of Velocys. Velocys's trademarks may not be used in connection with any product or service that is not Velocys's, in any manner that is likely to cause confusion among consumers, or in any manner that dilutes, disparages, or devalues Velocys or Velocys's marks.

6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

(A) Use of Site services or access to any portion of the Site is done at the sole risk of User.

(B) Velocys will not be held liable for the receipt of any unwanted email or the content of any email resulting from or associated with Velocys. At no time will Velocys be held responsible for any inability to prevent emails from being sent to any party. If a User provides his or her email address to Velocys, this will constitute permission for Velocys to send emails regarding news or updates relating to Velocys or for any other purpose, unless and until the User unsubscribes from Velocys's email list.

(C) THE SITE AND ITS SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VELOCYS DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING. IN NO EVENT WILL VELOCYS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY PORTION OF THE SITE, LINKS TO THIRD-PARTY CONTENT, SUBMITTED CONTENT, ALL CONTENT OF VELOCYS OR ANY ERRORS, INACCURACIES, OMISSIONS OR LACK OF AUTHENTICITY IN ANY SUCH CONTENT.

(D) The above disclaimer of liability includes, without limitation, any damages or injury caused by any unavailability of service, error, deletion, theft, alteration, or destruction of data, computer virus, tortious behavior, negligence, or any other cause of action or inaction. User assumes the entire cost of all damage, servicing, repair, or correction resulting from the use of the Site in any manner, including but not limited to the offensive or illegal conduct of other Users or third parties.

7. MISCELLANEOUS

(A) GOVERNING LAW
Any disputes arising out of or related to the use of the Site or these Terms and Conditions will be governed by the law of the State of Ohio, regardless of conflict of law provisions. Sole and exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms and Conditions shall be the appropriate federal or state court serving Plain City, Ohio.

(B) SEVERABILITY
The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the other provisions hereof, and these Terms and Conditions will be construed and remain in full force and effect in all respects with such invalid or unenforceable provisions limited or excluded to the minimum extent required under applicable law.

(C) ENTIRE AGREEMENT
These Terms and Conditions represent the entire agreement between Velocys and Users with respect to use of the Site.

(D) LIMITATION ON CAUSES OF ACTION
Any cause of action Users may have with respect to use of the Site must be commenced within one (1) year after the claim or cause of action arises.

(E) CONTACT/ADDRESS FOR LEGAL NOTICE
Except for copyright notices, referred to in section 4 of these Terms and Conditions, all questions, comments and legal notices should be submitted to:

Laura Silva
Business Development Manager
Velocys, Inc.
7950 Corporate Boulevard
Plain City, Ohio 43064
silva@velocys.com