Acceptance of These Terms
By accessing the Site, submitting a form, or otherwise using the Site, you agree to these Terms and to the Privacy Policy in Part II, which is incorporated by reference. If you do not agree, do not use the Site.
Where the Site asks you to submit an application, request, document, or other information, you will be asked to affirmatively check a box confirming that you have read and agree to these Terms before your submission is accepted. That checkbox, together with the date and time of your submission, is your electronic signature and evidences your agreement.
Who We Are and What This Site Does
Veloce Auto Group, LLC is a Texas limited liability company located in Houston, Texas. The Site provides information about Veloce and allows users to request vehicle rentals and other vehicle-related services, and to submit information and documents in connection with those requests.
The Site is informational and intake-oriented. It is not a booking engine, a claims portal, or a substitute for speaking with our staff.
Relationship to Your Written Agreements
Content on the Site does not replace, modify, or add to the written rental agreement, services agreement, consignment agreement, appraisal terms, authorization, or other agreement that applies to a specific transaction (each, a "Transaction Agreement").
If anything on the Site conflicts with a signed Transaction Agreement, the signed Transaction Agreement controls as to that transaction. If anything on the Site conflicts with these Terms, these Terms control as to your use of the Site. Marketing copy, headlines, promotional language, and summaries on the Site are not contractual terms and are not representations on which you should rely in place of the Transaction Agreement.
Eligibility
The Site is intended for adults. You may use the Site only if you are at least 18 years old and able to form a binding contract. Rental eligibility is separate from Site eligibility and is governed by our rental qualification requirements and the rental agreement, which may impose a higher minimum age, a valid unexpired driver's license, and other conditions.
No Legal Advice; No Attorney-Client Relationship
Veloce is not a law firm and does not provide legal advice. Nothing on the Site, and no communication with Veloce personnel, creates an attorney-client relationship or is a substitute for advice from a licensed attorney. If you need legal advice about an accident, an injury, a claim, or a dispute, consult an attorney of your own choosing. The State Bar of Texas Lawyer Referral and Information Service can be reached at (800) 252-9690.
Veloce does not select, recommend, endorse, or receive anything of value for the referral of any customer to any attorney, law firm, medical provider, chiropractor, or body shop, and does not accept anything of value from any such person or entity for a referral.
No Public Insurance Adjusting; Scope of Claim-Related Assistance
Veloce is not a licensed public insurance adjuster and does not act as one. Veloce does not, and will not, on your behalf: negotiate with an insurer, effect or attempt to effect the settlement of a claim, advise you on the value of a claim, advise you whether to accept or reject an offer, or make any claim decision for you.
Where a Transaction Agreement provides for it, and only at your direction, Veloce's claim-related assistance is limited to administrative support of the following kind:
- transmitting documents and information that you provide or authorize us to provide;
- communicating factual information about the vehicle, the rental, or our own invoice;
- billing our own charges to a carrier where the carrier has agreed to be billed directly; and
- providing you with copies of records relating to your transaction with us.
You remain the decision-maker on your claim at all times. Any settlement decision, acceptance, rejection, or release is yours alone. If a Transaction Agreement provides for a fee in connection with any vehicle valuation or diminished-value assistance, that fee is compensation for the services described in that agreement and is not a contingent interest in, or a fee for negotiating, your insurance claim.
No Guaranteed Outcome
Nothing on the Site guarantees that an insurance carrier will accept liability, authorize a rental, pay a rental charge, reimburse an expense, accept an appraisal, agree with a vehicle value, approve a total-loss amount, or pay any other amount. Vehicle availability, delivery timing, government and title processing, towing timing, repair timing, and the acts and decisions of third parties are outside our control and are not guaranteed.
Accident Rentals and the Timing of Payment
Statements such as "you don't pay us at the counter" describe the timing of payment under an approved accident-rental arrangement. They do not mean the rental is free, and they are not a waiver, forgiveness, or cap of any charge.
Under a direct-billing arrangement, Veloce may agree to bill an insurance carrier or other responsible party directly instead of collecting from you at the time of pickup. If the carrier or other responsible party denies the claim, disputes liability, pays less than the full amount billed, delays payment, or refuses to pay for any reason, you remain personally responsible for the unpaid balance, subject to the terms of your rental agreement. Payment responsibility is governed by the rental agreement and the facts of the file.
Charges, Fees, and Taxes
Rates and charges are set out in the rental agreement and the rate schedule in effect at the time of your rental, which control. Depending on your rental and how the vehicle is returned, charges may include some or all of the following categories:
- a time-based rental charge;
- a mileage charge for miles driven in excess of the included allowance;
- a fuel charge, plus a service fee, where the vehicle is returned with less fuel than at pickup;
- toll charges incurred during the rental, plus a per-toll administrative fee;
- a charge for any optional protection product you elect;
- cleaning, damage, loss-of-use, additional driver, delivery, pickup, late return, and similar charges as applicable;
- administrative fees for citations, violations, or third-party claims processing; and
- Texas motor vehicle rental tax and any other applicable tax or governmental charge, at the rate applicable to the length of your rental.
Rate amounts, mileage allowances, fee amounts, and tax rates are disclosed in the rental agreement and rate schedule and may change over time. The Site does not state amounts, and no amount is fixed by anything on the Site. Ask for the current rate schedule before you sign.
Optional Protection Products Are Not Insurance
If Veloce offers an optional damage waiver or similar protection product, it is a contractual waiver by Veloce of certain claims it would otherwise have against you, on the terms and subject to the exclusions stated in the rental agreement. It is not insurance. It is not required in order to rent, it does not provide liability coverage to you or to any third party, and it does not replace your own automobile insurance. Purchasing it may duplicate coverage you already have under your own policy or a credit card benefit. Read the exclusions before electing it.
Deposits and Payment Card Authorizations
Veloce may require a refundable security deposit or may place an authorization hold on a payment card at or before pickup. An authorization hold reduces your available credit or balance for a period of time set by your card issuer, not by Veloce. Deposits are applied against amounts you owe and any remainder is refunded on the terms stated in the rental agreement. The amount and handling of deposits and holds are stated in the rental agreement.
Applications and Requests Are Not Reservations
Submitting a form, application, or request through the Site does not create a confirmed reservation, guarantee a vehicle or a vehicle class, guarantee a service result, or obligate Veloce to accept the request. A rental or service is confirmed only when Veloce confirms it directly and the applicable Transaction Agreement is signed. We may contact you for additional information before a service begins, and we may decline any request.
Your Representations About Information and Documents
When you submit information or documents through the Site, you represent that:
- the information is accurate and complete to the best of your knowledge;
- you are the person the information concerns, or you have authority to submit it on that person's behalf;
- you are authorized to disclose any document you upload, including any document containing another person's information; and
- you are not submitting any document you obtained unlawfully.
Do not upload medical records, medical bills, or other health information through the Site. We do not request them and do not want them. If you send them anyway, we may delete them without reviewing them.
Providing false, incomplete, or unauthorized information may result in denial or cancellation of a rental or service, may make you responsible for resulting costs, and may be reported to appropriate authorities where required or permitted by law.
Electronic Records and Signatures
You consent to receive records, notices, and disclosures from Veloce relating to your use of the Site and your transactions electronically, and you agree that your electronic acceptances and signatures have the same legal effect as handwritten signatures. You may withdraw this consent for future communications by contacting us using the information in Section 32, though doing so may prevent us from providing services that are delivered electronically. You may request a paper copy of any electronic record at no charge.
Communications From Veloce
If you provide a telephone number or email address, you agree that Veloce may contact you at that number or address about your request, your rental, your account, and your transaction. These are transactional communications and are not marketing.
You may ask us to stop contacting you for marketing purposes at any time by replying to any marketing email using the unsubscribe link, or by contacting us using the information in Section 32. We will honor the request promptly. We will continue to send communications necessary to administer an active rental or an open transaction, and communications required by law.
Intellectual Property
The Veloce name, the Veloce logo, and the content of the Site — including text, graphics, photographs, layout, and design — are owned by Veloce or used with permission, and are protected by copyright, trademark, and other laws. You may view and print pages of the Site for your own personal, non-commercial use. You may not copy, reproduce, republish, frame, scrape, or use Site content in any manner that falsely suggests affiliation, sponsorship, endorsement, or ownership, or that competes with Veloce.
Your Submissions
You retain ownership of any content you submit to us. By submitting content through the Site, you grant Veloce a non-exclusive, royalty-free, worldwide license to use, store, reproduce, and transmit that content solely as necessary to evaluate and provide the services you requested, to administer your transaction, to maintain business records, and to comply with law. We do not acquire the right to use your content for advertising or publicity without your separate written permission.
Prohibited Use
You may not use the Site to:
- submit unlawful, fraudulent, malicious, infringing, defamatory, or deceptive content;
- impersonate any person or misrepresent your affiliation with any person or entity;
- submit or misuse another person's information without authorization;
- interfere with, disrupt, overload, or degrade the operation of the Site;
- attempt to gain unauthorized access to the Site, to any account, or to any system or network;
- introduce malware or any other harmful code;
- use any robot, spider, scraper, or automated means to access or collect data from the Site; or
- use the Site in violation of any applicable law or regulation.
Third-Party Services and Links
The Site may reference or link to third parties, including insurance carriers, towing providers, body shops, repair facilities, government agencies, payment processors, mapping tools, and analytics providers. Their services, policies, availability, pricing, and decisions are controlled by those parties, not by Veloce. A reference or link is not an endorsement. We are not responsible for the content, practices, or acts of any third party, and your dealings with any third party are solely between you and that party.
Disclaimer of Warranties
THE SITE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, VELOCE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VELOCE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ITS SERVERS ARE FREE OF HARMFUL COMPONENTS. VELOCE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR CURRENCY OF ANY CONTENT ON THE SITE.
This section applies to the Site only. It does not disclaim any warranty or obligation that Veloce owes you under a signed Transaction Agreement or under law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, VELOCE AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF VELOCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VELOCE'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID VELOCE IN CONNECTION WITH THE TRANSACTION GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS.
Nothing in this Section 21 or in Section 20 waives, limits, or disclaims any right or remedy that cannot be waived under applicable law, including rights under the Texas Deceptive Trade Practices–Consumer Protection Act, Tex. Bus. & Com. Code ch. 17, subch. E; liability for fraud, for intentional misconduct, or for gross negligence; or liability for personal injury or death caused by Veloce's negligence. If any limitation in this section is held unenforceable as to a particular claim, it remains in effect as to all other claims.
Indemnification
You agree to indemnify, defend, and hold harmless Veloce and its members, managers, officers, employees, and agents from and against any third-party claim, demand, loss, liability, damage, cost, or expense (including reasonable attorney's fees) arising out of or relating to: (a) your breach of these Terms; (b) information or documents you submitted that were inaccurate, unauthorized, or unlawfully obtained; (c) your violation of any law or of the rights of any third party; or (d) your misuse of the Site.
This section does not require you to indemnify Veloce for Veloce's own negligence, gross negligence, or intentional misconduct. Veloce will notify you promptly of any claim for which it seeks indemnity, will not settle any such claim without your consent (not to be unreasonably withheld), and will cooperate in the defense.
Dispute Resolution; Arbitration; Class Action Waiver
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and your right to a jury trial.
23.1 Informal resolution first
Before starting an arbitration or a lawsuit, you agree to first send Veloce a written description of the dispute and the relief you seek, using the contact information in Section 32, and to give Veloce sixty (60) days to resolve it. Veloce agrees to do the same before bringing a claim against you. This period runs concurrently with any statutory pre-suit notice period.
23.2 Agreement to arbitrate
If the dispute is not resolved informally, you and Veloce agree that any dispute, claim, or controversy arising out of or relating to the Site, these Terms, or the relationship between you and Veloce will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will take place in Harris County, Texas, or, at your election, by telephone, videoconference, or on documents only. The arbitrator may award any relief a court could award on an individual basis, including attorney's fees where authorized by statute. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.
23.3 Exceptions
Either party may bring an individual claim in small claims court if it qualifies. Either party may seek temporary injunctive relief in court to protect intellectual property or to prevent unauthorized access to systems, pending arbitration. Nothing in this section prevents you from reporting a matter to a government agency.
23.4 Class action and jury waiver
YOU AND VELOCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN 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. YOU AND VELOCE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY. If this paragraph is found unenforceable as to a particular claim, that claim, and only that claim, will be severed and heard in court.
23.5 Your right to opt out
You may opt out of this Section 23 within thirty (30) days after you first accept these Terms. To opt out, send written notice of your decision, including your name and the email address or phone number you used on the Site, to the address in Section 32 or to info@veloceautogroup.com. Opting out will not affect any other part of these Terms and will not affect your rental, your service, or your relationship with Veloce in any way. If you opt out, disputes will be resolved in court as provided in Section 24.
Governing Law and Venue
These Terms and any dispute arising out of them are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to Section 23, you and Veloce consent to the exclusive jurisdiction and venue of the state and federal courts located in Harris County, Texas.
Statutory Notice
If you intend to assert a claim under the Texas Deceptive Trade Practices–Consumer Protection Act, Tex. Bus. & Com. Code § 17.505 requires that you give written notice to Veloce at least sixty (60) days before filing suit, advising of the specific complaint and the amount of economic damages, damages for mental anguish, and expenses, including attorney's fees, reasonably incurred. Send that notice to the address in Section 32.
Accessibility
Veloce is working to keep the Site accessible to people with disabilities and aims to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you have difficulty using any part of the Site, or if you would like assistance completing a request by telephone or in person instead, contact us at (713) 949-8080 or info@veloceautogroup.com and we will help you and work to correct the problem.
Suspension and Termination
Veloce may suspend or terminate your access to the Site, or decline any request, at any time and for any lawful reason, including a violation of these Terms, with or without notice. Sections 5, 6, 7, 8, 13, 16, 17, 20, 21, 22, 23, 24, and 31 survive termination.
Force Majeure
Veloce is not liable for any failure or delay caused by events beyond its reasonable control, including weather, flood, hurricane, fire, power or network failure, labor disturbance, supply shortage, vehicle unavailability, acts of government, or the acts or omissions of third parties.
Changes to These Terms
Veloce may update the Site and these Terms. The current version and its effective date will always be posted here. Changes apply prospectively from the effective date. If a change is material, we will provide reasonable advance notice — by notice on the Site and, where we have your email address and the change affects an open transaction, by email. Your continued use of the Site after the effective date means you accept the updated Terms. Changes to Section 23 will not apply to any dispute of which Veloce had actual notice before the effective date of the change. We will keep prior versions available on request.
General
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Veloce regarding the Site and supersede any prior understanding about the Site. They do not supersede any signed Transaction Agreement.
Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions stay in effect.
No waiver. A failure to enforce any provision is not a waiver of it.
Assignment. You may not assign these Terms. Veloce may assign them to a successor in connection with a merger, acquisition, or sale of assets.
No third-party beneficiaries. These Terms create no rights in any person who is not a party.
Headings. Headings are for convenience only and do not affect interpretation.
Language. These Terms are written in English. Any translation is provided for convenience; the English version controls.
Contact and Notices
Veloce Auto Group, LLC
1706 Highway 6 South, Unit B, Houston, TX 77077
(713) 949-8080 · info@veloceautogroup.com
Legal notices, arbitration opt-outs, and DTPA notices should be sent to the address above by certified mail, return receipt requested, and marked to the attention of Mohammed Khallaf, Member.
