Velma User Agreement

This agreement describes the terms on which you may access and use Velma Web services. In order to become a Velma Subscriber, you must read and accept all of the terms and conditions of this agreement, our Email Policy, and our Privacy Policy. If you choose to install and use any Velma Desktop application you must also read and accept all of the Velma Desktop license terms and conditions. In the event of any inconsistency between our Privacy Policy, Email Policy, Velma Desktop license, and this User Agreement, the User Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Velma service indicates your acceptance of the amended User Agreement.

Membership Eligibility
Velma is not available to minors under the age of 18 or to any users suspended or removed from the system by NSN Solutions for any reason. Additionally, subscribers are prohibited from sharing the service with others outside of as explicitly allowed for by NSN Solutions.

Use of Service
Your use of the Velma service is governed by this User Agreement. NSN Solutions may refuse service without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and user name, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify NSN Solutions of any unauthorized use of your password or account or any other breach of security. NSN Solutions cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination
You agree that NSN Solutions may, with or without cause, immediately terminate your Velma account and access to the Velma Web service without prior notice. Without limiting the foregoing, the following will lead to a termination of a subscriber’s Velma account: (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Velma account includes removal of access to all offerings within the Velma Service and may also bar you from further use of the Velma Service. Furthermore, you agree that all terminations shall be made in NSN Solution’s sole discretion and that NSN Solutions shall not be liable to you nor any third-party for any termination of your account or access.

User Conduct
You understand and agree not to use Velma to:

• Initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
• Use the Velma Service for any illegal purpose, including but not limited to conspiring to violate laws.
• Infringe on any patent, trademark, trade secret, copyright or other proprietary rights of any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit to or communicate via the Velma Service.
• You will not use Velma to send SPAM or inappropriate emails. See the Velma Email Policy for additional details.
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Velma Service.
• Interfere with or disrupt the Velma Service or servers or networks connected to the Velma Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Velma Service.

User Data Responsibility
You, the subscriber, are solely responsible to ensure all the data, personal data, partner data and otherwise, which you use as part of the Velma system is data that you have full and legal rights to. This includes, but is not limited to, accessing, uploading, adding, editing, copying, downloading, and using the data for marketing purposes. NSN Solutions expressly prohibits and cannot and will not be held responsible for any inappropriate use of data you, the user, may perform as part of the Velma service including any RESPA violations.

International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Access to Service
You agree not to copy, or allow others to copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Velma Communications
In the course of providing you services, Velma may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Velma Service, including a series of welcome emails which help inform users about various features of the Velma Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Velma Service.

Custom Marketing Campaigns
As part of the Velma service, we may provide suggestions and make custom marketing campaigns available based on your use pattern and account content. While we have the right to monitor activity and content associated with the Velma Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Fees
Signing up for Velma service may have an initial fee for account set up and the Velma Desktop software license. There is also a monthly membership fee and users will be charged for fulfillment or other marketing activities they choose to participate in. See the Velma website for details on pricing.

As a user you are responsible for keeping a current credit card account registered in your profile settings. The Velma service will charge or credit this credit card as you incur charges or credits. All charges will be in US currency.

Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless NSN Solutions, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Velma Service including but not limited to the marketing to your contacts; ii) unauthorized access to or alteration of your data or images with or through the Velma Service, iii) inaccurate contact or other data or iv) any other matter relating to the Velma Service. Any business transactions which may arise from the use of the Velma service are the sole responsibility of the individuals involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that NSN Solutions may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of NSN Solutions, its users, and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE Velma SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT NSN SOLUTIONS DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BY USERS. NSN SOLUTIONS ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY CONTACT DATA USED BY THE USER. NSN SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NSN SOLUTIONS MAKES NO WARRANTY (i) THE Velma SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE Velma SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) ON THE QUALITY OF THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE Velma SERVICE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Velma SERVICE OR WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NSN SOLUTIONS OR THROUGH OR FROM THE Velma SERVICE OR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement
The User Agreement constitutes the entire agreement between you and NSN Solutions and governs your use of the Velma Service, superseding any prior agreements between you and NSN Solutions.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NSN SOLUTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NSN SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL NSN SOLUTIONS’ TOTAL CUMULATIVE DAMAGES EXCEED US$ 500.

Governing Law
The User Agreement between you and NSN Solutions Corporation will be governed by and construed in accordance with the laws of the State of Idaho without regard to conflict of laws principles. You agree that you will arbitrate any dispute you may have under this User Agreement or with NSN Solutions in Boise, Idaho, and that any such arbitration will be conducted pursuant to the then-current Commercial Arbitration Rules of the American Arbitration Association. If you do not agree with this arbitration requirement as to actions originated by you, do not use the Velma™-brand software or services.

General Information
The User Agreement between you and NSN Solutions Corporation will be governed by and construed in accordance with the laws of the State of Idaho without regard to conflict of laws principles. You agree that you will arbitrate any dispute you may have under this User Agreement or with NSN Solutions in Boise, Idaho, and that any such arbitration will be conducted pursuant to the then-current Commercial Arbitration Rules of the American Arbitration Association. If you do not agree with this arbitration requirement as to actions originated by you, do not use the Velma™-brand software or services.

NSN Solutions, Inc.
Attn: User Agreement Issues
913 S. Allante Avenue
Boise, ID 83709