- Validas System Access
- License And Use Restrictions
- Member ID and Password; Identity Verification
- User Eligibility
- Refund Policy
- Release; Indemnification
- General Disclaimer of Warranties; Limitations of Liability
- Limitations and Exclusions of Liability
- Entire Agreement
- Governing Law and Venue
- Renewal Policy
- Termination by Validas
- Contact Information
1. VALIDAS SYSTEM ACCESS
1.02. Equipment, Software and Connectivity Requirements. Proper function of the System requires your compliance with minimum specifications for equipment, software and connectivity. It is your duty to acquire, maintain and/or install all necessary equipment and connectivity. Validas shall not be responsible for any charges incurred in doing so.
1.03. General Customer Obligations. You shall cooperate promptly to provide accurate and full responses to any inquiry or concern of Validas for clarification, documentation or further information related to the Services.
Based on the data you submit to the System, Validas will provide recommendations related to potential savings which may be available to you. These recommendations are based on the bill you submit to the System and your plan, as well as most features on your bill and may include what wireless plan or features you may wish to add/remove on your account. Each bill may result in different recommendations. Validas cannot guarantee that you will actually achieve such savings as Validas is not the carrier. Validas is not in a position to negotiate with your carrier. You have a contract with your carrier and have the opportunity to ask for corrections/ changes with them. Validas is not your carrier, so please understand that we cannot issue credits if the report we provide indicates such credits or refunds may be available. Additionally, we cannot guarantee that the information used to complete the analysis is current or accurate.
1.05. Consents and Authority. You shall not permit individuals to access or use the System without authorization or beyond the scope of their authorization. You will be required to fully register and shall specify the sole individual who will have access to the Validas System.
2. LICENSE AND USE RESTRICTIONS
2.02. Data. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the information accessed by or content included in the System or provided through Validas’ website or mobile application (“Data”) without Validas’ prior express written consent. You agree that you will not use any device, software or routine to bypass Validas’ protections on its Data and content, or to interfere or attempt to interfere with the proper working of the System. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Validas’ infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content or data from the System, including the Data, without the prior expressed written permission of Validas except and only to the extent that such activity is permitted by applicable law.
2.03. Scope of Use.
- You shall not access or use the System except as expressly authorized herein. You shall access or use the System only to process transactions and access your Data and shall not access or use the System for transactions or the access of Data on behalf of any third party. You shall not sell, sell access to, or sell use of the System or Data. Without limitation, you shall not use the System in connection with the provision by of a service to any third party that includes data access or any other service that is a substitute for some or all the System’s functions.
- You shall not rent, sell, lease, retransmit, distribute, publish, transmit or in any way exploit all or any part of the System or Data to any third party by any means. You shall not make any enhancements, improvements or modifications, sublicense, copy, record, reproduce, reverse engineer, reverse compile, recompile, decompile, modify, create derivative works from, or disassemble the System except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
- You shall not introduce or permit to be introduced into the System any virus, worm, trojan horse or other software routine, program or mechanism to permit unauthorized access into, to disable, to erase in whole or in part or otherwise to adversely affect the System, including, but not limited to, data stored on the System, related software or any equipment maintained or used by Validas.
- You shall comply with such reasonable policies, procedures and instructions as may be established by Validas from time to time concerning access to and use of the System upon receipt of written notice to you of such policies, procedures or instructions.
2.05 Use of Site. Your use of the Sites is at the sole discretion of Validas, who may deny you further use of the Sites at any time, for any reason.
3. EMAIL ADDRESS AND PASSWORD; IDENTITY VERIFICATION
As part of the registration process, you will be asked to enter your email address and select a unique password. You must only provide accurate information when you register with the Sites. Further, your account and user ID may not be transferred or sold to another party. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR EMAIL AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4. USER ELIGIBILITY
Fees for utilization of the Services will be charged based on applicable published rates at time of the Services.
6. REFUND POLICY
If you are a business, enterprise, or government customer, please refer to your specific agreement that governs refunds.
You shall take reasonable steps to maintain the security of communications between you and the System. Each password email address shall be unique to each customer and shall be non-transferable. You shall log into the System using only your email and associated password. Validas shall be entitled to assume, unless notified by you otherwise, that a user presenting an email and associated password is, in fact, you. You shall be responsible for any charges, damages or losses incurred or suffered as a result of its failure to maintain the confidentiality of any password. You shall notify Validas immediately if you become aware of any unauthorized use of any email or password.
9. RELEASE; INDEMNIFICATION
Because we solely act as an informational resource, if you have a dispute with one or more mobile phone carriers, you release Validas (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. You agree to defend, indemnify and hold completely harmless Validas and its affiliates and any of their officers, directors, partners, managers, members, employees, agents and other advisors and representatives, and successors and assigns from and against any and all claims, actions, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees, costs of collection, and other costs of defense), including without limitation claims based upon the negligence of Validas, arising from or related to your use of the Sites, the materials they contain, any sites linked to these Sites and the Services and the System.
10. GENERAL DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE TO THOSE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY INCLUDED HEREIN.
VALIDAS PROVIDES THE SITES, THE SERVICES AND THE SYSTEM “AS-IS.” VALIDAS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VALIDAS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE USE AND FUNCTIONALITY OF THE SITES, THE SERVICES OR THE SYSTEM. EXCEPT AS EXPRESSLY STATED HEREIN, THERE IS NO WARRANTY OR GUARANTEE THAT ANY SOFTWARE RELATED TO THE SITES, THE SERVICES OR THE SYSTEM IS VIRUS-FREE, THAT IT OPERATES IN A MANNER THAT IS UNINTERRUPTED, ERROR-FREE OR TRANSFERABLE, OR THAT SUCH SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
- Validas makes no warranty and shall not be responsible with respect to any interception, access, loss, impairment, delay, corruption, or damage of any outbound code or data after the packet leaves the back end of Validas’ Sites or Services or of any inbound code or data before the packet enters the back end of Validas’ Sites or Services;
- You assume full responsibility to evaluate for yourself the condition, quality, accuracy, reliability, suitability and functionality of the System and any information or recommendations you obtain from or using the System. Validas shall not be responsible for the condition, quality, accuracy, reliability, suitability or functionality of information stored or transmitted using the System.
- Use by you of software or connectivity for purposes other than or in addition to the System may delay, impair or interfere with the System’s functionality, and Validas is not responsible for the effects of such use.
11. LIMITATIONS AND EXCLUSIONS OF LIABILITY
UNDER NO CIRCUMSTANCES WILL VALIDAS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST OR ANTICIPATED REVENUES OR PROFITS) ARISING FROM ANY CLAIM RELATING DIRECTLY OR INDIRECTLY TO THE SERVICES, THE SITES OR THE SYSTEM, WHETHER SUCH CLAIM IS BASED ON CONTRACT, DEFECT, WARRANTY OR TORT, EVEN IF VALIDAS IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SAME.
13. ENTIRE AGREEMENT
14. GOVERNING LAW AND VENUE
The Site (excluding linked sites, if any) is controlled by Validas from its offices within the State of Texas, United States of America. The Sites can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Web site both you and Validas agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity), however, any disputes that arise where Validas is not a party to the dispute, shall be governed by the law applicable to such parties. In the case of a dispute, any lawsuit or other legal proceeding between you and Validas shall be brought only in the civil district courts of Harris County, Texas or the United States District Court for the Southern District of Texas, Houston Division. You hereby irrevocably and unconditionally consent to the jurisdiction of any such courts and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
16. TERMINATION BY VALIDAS
17. CONTACT INFORMATION
If you have a comment, question or request, or if you need to contact Validas for any other reason.
- Visit the help center.
- U.S. Mail: Send mail to Validas at:
9119 Hwy 6 South, Ste. 230, Box 130
Missouri City, Texas 77459