Terms of Services

By using valencepm.com and any other services (“Service”) provided by Valence PM, LLC (“Valence”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Valence reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.valencepm.com/terms.

Violation of any of the terms below will result in the termination of your Account. While Valence prohibits such conduct and Content on the Service, you understand and agree that Valence cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

You must be 13 years or older to use this Service.

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

Your login may only be used by one person—a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.

You are responsible for maintaining the security of your account and password. Valence cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

License

You agree that Valence is the sole owner of the Service, and as the Licensee, you will not acquire title to or any interest in the Service other than the license described herein.

This license shall also be terminated automatically and immediately if you fail to comply with any term or condition of this Agreement, including, but not limited to, failure to pay your account balance by the 20th of each month. At any time, the Licensee may terminate this Agreement upon 30 days written notice to Valence. Valence may terminate this Agreement upon 120 days written notice to Licensee.

The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

Upgrading and Downgrading

For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss or reduction of content, features, or capacity of your account. Valence does not accept any liability for such loss.

Modification to Services and Prices

Valence reserves the right at any time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 60 days notice from us. Such notice may be provided at any time by posting the changes to the Valence Site (valencepm.com) or the Service itself. Valence shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Data

Valence will endeavor to back up data you enter into the System on a nightly basis. Valence will endeavor to back up other files (files that you have uploaded) at least weekly. Valence shall not be responsible for the loss of data due to mechanical failure or any other circumstances. Data is owned by Licensee and Licensee has the right to export their data from Valence at any point in time using the reporting and/or other features in Valence. Valence retains the right to use Licensee’s data in an aggregated form but will never publish the data in such a way as to make the Licensee or any of the Licensee’s residents’ personal information identifiable. Licensee is solely responsible for the quality of their data. Valence reserves the right to access your data for quality assurance purposes and as Valence may deem otherwise necessary in the ordinary course of its business.

Waiver Of Implied Warranties

You acknowledge that the service is licensed on an “as is” basis, and that should the service prove defective in any respect, you and not valence, its distributors, or its authorized dealers assume the entire cost of all necessary servicing, repair, or correction.

Disclaimer Of Warranty

No warranties are made with respect to the service. Valence expressly disclaims all warranties not stated in this agreement. Valence does not warrant that the functions contained in the service will meet your requirements or that the operation of the service shall be uninterrupted or error-free. You assume responsibility for the selection of the service to achieve the results intended by you and for the use and results obtained from the operation of the service.

Limitation Of Liability

In no event shall valence be liable to you or any other person for any damages, including any incidental or consequential damages, expenses, lost profits, lost savings, or other damages arising out of the use of or inability to use the service. Under no circumstances shall valence’s liability to licensee for breach of this agreement or any other cause of action whatsoever exceed the license fees paid hereunder for a period of up to twelve (12) months.

Governing Law

This Agreement shall be construed according to, and the rights of the parties shall be governed by, the laws of the State of Texas. This Agreement shall be performable in, and venue for any action related thereto shall lie in the Federal and State Courts situated in Harris County, Texas.

Waiver of Jury Trial

The parties hereto waive any right to trial by jury or to have a jury participate in resolving any dispute, whether sounding in contract, tort, or otherwise, between the parties hereto arising out of this agreement.

Severability

If any clause or provision of this Agreement is illegal, invalid or unenforceable under present or future laws, then and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby. It is also the intention of the parties to this Agreement that in lieu of each clause or provision of this Agreement that is illegal, invalid or unenforceable, there be added, as a part of this Agreement, a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable.

Notices

Any notice required by or permitted under this Agreement must be in writing. Notices to Valence must be delivered to the address (either physical or e-mail) provided on valencepm.com. Notices to Licensee must be delivered to the address (either physical or email) provided by the Licensee within the Service. Valence and Licensee are responsible for keeping their contact information up to date. Any notice required by this Agreement delivered via the United States Postal Service will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this contract. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, e-mail, or other commercially reasonable means and will be effective when actually received, provided that (a) any notice received on a Saturday, Sunday, or national holiday will be deemed to have been received on the next day that is not a Saturday, Sunday, or national holiday and (b) any notice received after 5:00 P.M. local time at the place of delivery on a day that is not a Saturday, Sunday, or national holiday will be deemed to have been received on the next day that is not a Saturday, Sunday, or national holiday.

Confidentiality and Security of Personal Identifying Information

Licensee agrees to adopt, maintain, and make available a privacy policy in compliance with all applicable federal and state law for the confidentiality and security of Sensitive Personal Information disclosed to Licensee by its prospective and existing residents, customers, or clients that may be input and collected through the Service. “Sensitive Personal Information” shall include, but not be limited to, an individual’s first name or first initial and last name in combination with any one or more of the following items: (i) social security number; (ii) driver’s license number or government-issued identification number; or (iii) account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to an individual’s financial account. Licensee agrees to indemnify, defend, and hold harmless Valence from and against any claims, demands, costs (including but not limited to reasonable attorneys’ fees), expenses, damages, losses and causes of arising from Licensee’s failure to properly adopt, maintain, and make available a privacy policy in compliance with any applicable federal or state law. Licensee assumes all risk and liability of any kind and nature incident to, occasioned by, or resulting in any manner, directly or indirectly, from the use, dissemination, or retention of the Sensitive Personal Information, or any other personal indentifying information, of Licensee’s prospective and existing residents, customers, or clients that may be input and collected through the Service.

 

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