This Agreement constitutes a valid, binding contract between you and by Validas, a Delaware Limited Liability Corporation (“Validas”, “we”, “us” or “our”) and the owner and operator of the sites located at validas.com and savelovegive.com, and any sub-domains therein (“Site” or “Sites” ) with regard to your use of the Sites. Validas provides its products and services and other content on the Sites to you subject to your compliance with the terms of this Agreement. Please note that your use of our Sites constitutes your agreement to follow and be bound by this Agreement. Accordingly, if you do not agree to these terms, please do not use these Sites. Validas reserves the right to modify this agreement at any time without prior notice. Your use of our Sites following any such change constitutes your Agreement to follow and be bound by the Agreement, as amended. Therefore, we encourage you to review this Agreement whenever you use the Sites. Also, please print a copy of the Agreement for your records.
Validas provides a service to our users whereby we analyze the user’s mobile phone bill to determine whether the billing has been completed properly and also to provide recommendations about means to achieve potential savings. These services are provided pursuant to the terms of our User Subscription Agreement. Validas is an independent company. We strive to collect the most current information available about mobile phone pricing options to provide you with neutral analysis to obtain economical usage plans to meet your needs. If you choose to use our services, Validas cannot guarantee that you will achieve any savings. We are not your carrier and we are not in a position to negotiate with your carrier. Any modifications or corrections to your billing or contract will need to be discussed directly with your carrier. Validas is solely a provider of information, which will better position you, to make a request for credits or changes to your plan or investigate whether you should switch to a new carrier. Please also know that any report Validas may generate is an estimate based on the particular bill(s) that Validas analyzes. Each bill or bills may result in different analysis. If you have spam blocking activated, please add validas.com and savelovegive.com to your list of accepted domains. Otherwise, our email to you may be blocked.
Use of this Site
Your use of these Sites is at the sole discretion of Validas. We may deny you further use of our Sites at any time, for any reason, with or without cause. Neither your use of the Sites nor your registration on or purchasing from the Sites entitles you to continued use of the Sites.
You may not use these Sites in any manner that could damage, disable, overburden, or impair the Sites or the server it is hosted on. You may not obtain any materials or information through the Sites that are not intentionally made available. You may not use any device, software, routine, or otherwise take any action to bypass any code that may be included to prevent you from breaching obligations in this paragraph or to attempt to interfere with the proper working of the Sites. You may not frame or use framing techniques to enclose any trademark, logo, template, or other proprietary information (including images, text, page layout, or form) of Validas or its affiliates. You may not use Meta tags or any other “hidden text” using Validas’ name or trademarks. You may not engage in systematic retrieval of data from these Sites to create or compile, directly or indirectly, in whole or in part, a collection, database, or directory.
Your use of the Sites must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the sites to:
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
- participate in any transaction that could cause us to violate any applicable law, stature, ordinance, or regulation;
- download, copy, reproduce, publish, transmit, distribute, modify, create derivative works from sell, participate in any sale of, any content or material displayed on the site (other than this Agreement, the Privacy and Security policy, and your order confirmation information);
- download, copy, reproduce, publish, transmit, distribute, modify, create derivative works from sell, participate in any sale of, upload, post, email, or otherwise transmit or provide any content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of another;
- upload, post, email, or otherwise transmit or provide any content that promotes or enables unauthorized copying of another person’s copyrighted or proprietary work;
- upload, post, email, or otherwise transmit or provide any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable or harasses or advocates harassment of another person or promotes information you know is false, misleading, or promotes illegal activities;
- upload, post, email, or otherwise transmit or provide any content that involves the transmission or “junk mail”, “chain letters”, or unsolicited mass mailing or spamming;
- solicit passwords or personally identifying information for commercial, unauthorized, or unlawful purposes from other users;
- upload, post, email, or otherwise transmit or provide any material that contains software viruses or any other computer code, files, or programs that are designed to or will interrupt, destroy, or limit the functionality or any computer software, hardware, network, or telecommunications equipment; or
- Engage in any other conduct that is inappropriate for the Site, in Validas’ sole and absolute judgment.
You will not provide inaccurate, misleading, or false information to Validas. If information you provided to Validas, subsequently becomes inaccurate, misleading, or false, you will promptly notify Validas of such change. Any cases of such misuse will be prosecuted to the fullest extent of the law. Without limiting any other remedies, Validas may suspend or terminate your account or your right to participate on the Sites if we suspect that you engaged in fraudulent or dishonest activity in connection with our Site.
Use of Content
Any content you download or copy is for your personal use only. No right, title, or interest in any downloaded material or software, is transferred to you as a result of such downloading or copying. You many not reproduce, publish, transmit, distribute, display, modify, create derivative work from, sell, participate in the sale of, or exploit in any way, in whole or in part, any of the content of the Sites, the Sites, or any related software. All software used on this Sites is the property of Validas or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
These Sites are protected by copyright, trade secret, patent, trademark, trade dress, and other intellectual property rights. Unless otherwise noted, all materials that are part of the Sites (collectively, the “Content”) are copyrighted, trademarked, trade dress, and/or other intellectual property owned, controlled, or licensed by Validas. The compilation (meaning the collection, arrangement, and assembly) of all content on thes Sites is the exclusive property of Validas and is also protected by U.S. and international copyright laws. The Validas logo, and other trademarks, service marks, logos, product names, and service names (collectively, the “Marks”) are owned or licensed by Validas. You agree not to copy, display, or otherwise use any of the Marks without the prior written permission of Validas. The entirety of the Sites, and all object and source code, text, graphics, templates, multimedia content, including, but not limited to, images, illustrations, audio and video clips, HTML, and other markup languages, and all scripts within the Sites associated therewith, are copyright 2006 – 2012, Validas. All rights reserved. Additionally, page headers, custom graphics, button icons, and scripts that are service marks, trademarks, and/or trade dress of Validas may not be copied, imitated, or used, in whole or in part, without the prior written permission of Validas.
Please click here to review our Refund Policy which is contained in our User Subscription Agreement.
User Comments and Other Submissions
We always welcome your comments, suggestions, and other submissions regarding the Sites and our products and services. It is our intention, however, to avoid the possibility of future misunderstandings that may arise when new functionality, products, and features we develop might be similar or even identical to your idea. Therefore, all comments, suggestions, ideas, proposals, feedback, and other submissions disclosed, submitted, or offered to Validas (collectively, the “Comments”) shall be and remain Validas’ property. Such disclosure, submission, or offer of any Comments shall constitute and assignment to Validas of all rights, titles, and interests, in all copyrights and other intellectual properties in the Comments. Thus, Validas, will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments and will be entitled to reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction. Validas is and shall be under no obligation to (1) maintain any Comments in confidence, (2) pay user any compensation for any Comments, or (3) respond to any user Comments. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or creative materials. You agree that no Comments submitted by you to the Sites will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Sites will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsibility for the content of any Comments you make.
Links to Third Party Sites; Advertisers
This Site may contain links to third party websites. Such links are provided for your reference only. We do not control such websites and are not responsible for their content. Our inclusion of links to an outside site does not imply any endorsement of the site or the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator, or sponsor, nor does our inclusion of the links imply that we are authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site. Please note that we are not responsible for the accuracy or content of any of those sites. Accordingly, we can neither make representation concerning the content of those sites to you nor can the fact that we have provided this link serve as an endorsement by us of this or any other site. By creating a link to any other website, we are not recommending that website or giving any assurances as to its standing. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on those outside sites or the organizations sponsoring the sites. Validas makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites, or the content of the outside sites. If you decide to access linked third party websites, you do so at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertisers. You agree that Validas shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supplied to Validas with advertisers, or as the result of the presence of such advertisers on the Sites.
You agree to defend, indemnify, and hold Validas and its officers, managers, members, agents, employees, licensors, and suppliers harmless from and against any and all claims, damages, losses, costs, and expenses, including without limitation attorneys’ fees, and including without limitation claims based on the negligence of Validas, arising from or related to the use of the Sites by you or any person using your account, the materials the Sites contains, and any disputes you may have with your mobile phone carrier. You further agree to indemnify and hold us, our subsidiaries and affiliates, and our officers, managers, members, agents, employees, licensors, and suppliers harmless from any loss, liability, claim, or demand, including attorneys’ fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party or due to or arising out the use of this Site by you or any person using your account.
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO RECEIVE SMS UPDATES TO YOUR MOBILE PHONE FROM VALIDAS. EACH SMS UPDATE MESSAGE ALLOWS YOU TO OPT-OUT OF THIS SERVICE. STANDARD MESSAGING RATES MAY APPLY. WE RESERVE THE RIGHT TO USE AGGREGATED VALIDAS MEMBER DATA (SEPARATE FROM A SINGLE INDIVIDUAL VALIDAS USER’S PERSONAL DATA THAT MAY INCLUDE BUT IS NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS, WIRELESS PROVIDER, WIRELESS DEVICE, SAVINGS GENERATED THROUGH VALIDAS AND WIRELESS PLAN DETAILS) FOR PUBLIC RELATIONS AND MARKET RESEARCH PURPOSES WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, THE SALE OF THIS DATA. YOU ALSO AGREE TO RECEIVE EMAIL COMMUNICATION FROM VALIDAS RELATING TO VALIDAS SUCH AS, BUT NOT LIMITED TO, PRODUCT OFFERINGS, DISCOUNTS OR SPECIAL OFFERS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VALIDAS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR RELATED TO THE SITES.
- TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VALIDAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION, PRODUCTS, OR SERVICES PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITES WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
- VALIDAS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.
- VALIDAS IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITES.
- VALIDAS MAKES NO REPRESENTATION OR WARRANTY THAT:
- YOUR USE OF THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- DEFECTS WILL BE CORRECTED;
- THE SITES OR THE SERVERS WHICH MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE; OR
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES 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 INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VALIDAS OR THROUGH THIS SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
VALIDAS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY INDIVIDUALS WHO USE THIS SITES. IN NO EVENT SHALL VALIDAS OR ANY OF ITS EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OR YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT VALIDAS SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF VALIDAS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- ANY PURCHASE RESULTING FROM THE USE OF THE SITES BY YOU OR ANY PERSON USING YOUR ACCOUNT;
- DISPUTES YOU MAY HAVE WITH YOUR MOBILE PHONE CARRIER;
- THE USE OF INABILITY TO USE THE SITES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR
- ANY OTHER MATTER RELATING TO THE SITES.
IF YOU ARE DISSATISFIED WITH THE SITES, OR ANY INFORMATION CONTAINED ON THE SITES, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, VALIDAS LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE MOST RECENT SUBSCRIPTION FEE PAID BY YOU, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $100. 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 OR RELATING TO THE USE OF THIS SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. VALIDAS SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED ON THE SITES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF VALIDAS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
You agree that Validas may update, revise, supplement, modify, or amend this Agreement at any time and without notice. Any updates, revisions, supplements, modifications, or amendments shall be effectively immediately upon its posting on the Sites. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented modified, or amended, regardless of whether you have actual or constructive notice of, and whether you have used or continue to use the Sites after, the updates, revisions, supplements, modifications, or amendments. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made part of the Agreement by its express terms.
Entire Agreement; Interpretation
This Agreement constitutes the entire agreement between you and Validas with respect to your use of the Sites. The terms contained herein supplement those terms applicable to the purchase of Validas reports. In the case of a conflict between this Agreement and the User Subscription Agreement, the terms of the User Subscription Agreement shall control. There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to your use of the Sites except as set forth in the Agreement and in the User Subscription Agreement. You agree that you have not relied on any other representations, warranties, terms, agreements, or conditions.
Nature of Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Validas as a result of this Agreement or your use of the Sites (including, but not limited to, your purchasing reports through the Sites). No agency, partnership, joint venture, employee-employer, or other relationship is intended or created by this Agreement.
Disputes between you and Validas regarding our services should be reported to Validas at the following email address: firstname.lastname@example.org. We will attempt to resolve any disputes you have with us.
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.
Governing Law and Venue
Use of these Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement,
including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Validas
has endeavored to comply with all legal requirements known to it in creating and maintain the Sites, but makes
no representation that materials on the Sites are appropriate or available for use in any particular jurisdiction.
Use of these Sites is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal
requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws.
The Sites (excluding linked sites, if any) are 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 the Sites (whether grounded in tort, contract, law or equity), however, any disputes that arise from the actual sale of vehicles where Validas is not a party to the dispute, shall be governed by the law applicable to such sale between the buyer and seller. 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 Travis County, Texas or the United States District Court for the Western District of Texas, Austin 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.
Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
This Agreement will remain in full force and effect while you use the Sites. Validas may terminate your right to use these Sites and our services, to terminate your account, or to cancel any request for a report, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, 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 Validas terminates your membership because you have breached this or any other applicable agreement, you will not be entitled to any refund of unused fees. The provisions relating to intellectual property, limitations of liability, indemnification and dispute resolution shall survive termination.
Validas®, VERA®, SaveLoveGive®, Wireless Waste®, the Validas “V” logos, the VERA logos, the SaveLoveGive 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.
If you have a comment, question, or request, or if you need to contact Validas for any other reason, email us at email@example.com, or write us at:
2245 Texas Drive, Ste. 130
Sugar Land, Texas 77479