These Terms of Use (these “Terms of Use”) constitutes a valid, binding contract between you and Validas, a Delaware limited liability company (“Validas” or “we” or “us”), the owner and operator of the website accessible through validas.com and wirelessbutler.com, the mobile app Wireless Butler, and their respective sub-domains, with respect to your subscribing to the services such as the analysis of mobile phone billing records (the “Services”) through the software made available through the aforementioned websites and mobile applications (the “Site” or “Sites”). The information provided on the Sites is provided subject to compliance with these Terms of Use. Please read these Terms of Use carefully as they form a binding contract between you and Validas. Please print a copy of these Terms of Use for your records.
In addition to these Terms of Use, we have a Privacy Policy which describes our information gathering and dissemination practices for the Sites, which Privacy Policy is incorporated herein. BY ACCESSING ANY SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AS IT MAY BE AMENDED FROM TIME TO TIME.
When using the Services, you will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the “Policies”). All such Policies, including the Privacy Policy, are hereby incorporated by reference into these Terms of Use
If you have specific questions, a link to the applicable section of these Terms of Use is provided as follows for your convenience:
1.01. Validas System Access. The Services consists of a set of Internet hosted, multi-user data information access software applications and associated data, including the Data (as defined below), and tools for analyzing mobile phone billing records (the “System”). The System permits users with appropriate software and connectivity to accomplish certain statistical analysis and reporting functions. Validas, at its exclusive discretion, shall determine extent of access, which shall be limited by Validas in form, substance and content to meet your needs and requirements, and shall permit access to the System on a non-exclusive basis, subject to these Terms of Use and provided further that Validas may restrict or condition access and use at any time if it reasonably believes that such continued access or use will imminently and materially disrupt, degrade or injure continued function or use of, the System with respect to other Validas customers.
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.
1.04 Data Collected; Validas Results. Validas collects information from your mobile phone bill and analyzes that data by comparing it to our Systems reference data to provide you with output information in relation to your mobile phone usage. Personal information such as the state to which your bill is sent to, your mobile phone number, and phone numbers you call and receive calls from are collected from your submitted bill to complete this analysis. Additionally, Validas collects information to provide you information which may be of interest based on the data retrieved from your mobile phone bill. Please review our Privacy Policy for more information.
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.
2.01. Grant. Subject to these Terms of Use, Validas hereby grants you a non-exclusive, non-transferable, revocable license to access and use the System, as it may exist from time to time, within the United States, under the conditions and requirements set forth in these Terms of Use. Access and use under this license is conditioned on such compliance with the conditions and requirements of these Terms of Use. Subject to these Terms of Use, you hereby grant to Validas and its successors and assigns the worldwide, non-exclusive, transferable, and royalty free right to use the Data for the activities and purposes set forth in these Terms of Use and in the Privacy Policy, including without limitation the right to monitor, store, retrieve, transmit, process, modify, otherwise prepare derivative works from, copy, distribute, disclose, sublicense and display it in any and all media now existing or that may exist in the future. Such license shall end when you cease to use the Services, except that Validas’ right to store, retrieve, copy, modify and otherwise create derivative works from Data to create Compiled Information as set forth herein shall not terminate and shall continue in perpetuity. Use contrary to the provisions of these Terms of Use that is outside the scope of the license is strictly forbidden.
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.
2.04. Modifications and Upgrades. Validas shall have the right in its sole discretion to substitute, replace, modify or upgrade the System or any part or aspect of it as Validas deems advisable; and, all substitutions, replacements, modifications and upgrades shall be incorporated in and subject to these Terms of Use and shall be the exclusive property of Validas hereunder. If Validas provides you with any substitutions, replacements, modifications and/or upgrades, You will be required to utilize such version. Validas will only be required to support the most recent and current version provided to you, and not any previous version.
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.
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.
The Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to minors or users that have had their user account with Validas suspended. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms of Use.
Fees for utilization of the Services will be charged based on applicable published rates at time of the Services.
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.
The System and all related Intellectual Property shall be and remain the exclusive property of Validas. All derivative works prepared from the System or any part of it shall be and remain the exclusive property of Validas. For purposes of these Terms of Use, “Intellectual Property” means any and all intellectual property associated with the System and all related designs, formulas, procedures, methods, apparatus, ideas, creations, improvements, works of authorship, materials, processes, inventions, techniques, data, know-how, show-how, algorithms, programs, subroutines, tools, trademarks, patents and patentable materials, copyrights and copyrightable materials, and trade secrets. Validas shall have the right at its option to provide a proprietary legend and/or mark on the System; said legend or mark may at Validas’ option be included at the beginning and/or end of each page, screen or set of data or, at Validas’ option, in digital form within a field associated with one or more items; you shall not obscure such legend or mark. You may copy such items only on condition that the legend and mark, if any, is reproduced intact with each item. Validas®, Wireless Waste®, Wireless Butler®, the Validas logos, and other denoted terms on this site are the trademarks and service marks of Validas, LLC, and may be registered in the U.S. Patent and Trademark Office and in other countries. All other trademarks and registered trademarks are property of their respective owners.
You agree that Validas may store and retrieve and copy information including your Data, including without limitation, data constituting your utilization data, outcomes data and other data reflecting your experience, condition and activities. You further agree that Validas may further modify and incorporate copies of such information in form into aggregations or compilations of technical and business information (the “Compiled Information”). All data incorporated by Validas into Compiled Information shall belong exclusively to Validas and Validas shall have the right to use it as it sees fit for any lawful purpose (including without limitation, the perpetual, irrevocable, worldwide, exclusive, transferable, and royalty free right to monitor, store, retrieve, transmit, process, modify, otherwise prepare derivative works from, copy, distribute, disclose and or display them), provided that in each case of distribution, display or disclosure to any third party. Validas does not, however, share or sell your personal information without your consent, as further provided in our Privacy Policy.
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.
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.
Furthermore:
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.
YOUR SOLE REMEDY IN THE EVENT OF A BREACH OF THESE TERMS OF USE SHALL BE TO OBTAIN A REFUND OF A PRO-RATA PORTION OF ANY PREPAID FEES BASED ON THE DATE OF TERMINATION. NOTWITHSTANDING THE FOREGOING, VALIDAS’ LIABILITY TO YOU SHALL IN NO CASE EXCEED $20.00. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST VALIDAS ARISING OUT OF THE USE OF THE SITES, THE SYSTEM OR THE SERVICES.
Validas may update, revise, supplement, modify or amend these Terms of Use at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon posting on any of the Sites. You agree that you will be bound by these Terms of Use, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.
These Terms of Use, the Privacy Policy, any Policies and any separate agreements entered into by you and Validas constitute the entire agreement between you and Validas with respect to your use of the Services, the System and the Sites. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Services, the System and the Sites except as set forth in these Terms of Use.
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.
Validas may terminate your right to use the Sites, with or without cause at any time in its sole discretion, including, without limitation, your violation of these Terms of Use, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
If you have a comment, question or request, or if you need to contact Validas for any other reason.
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