Terms & Conditions
Terms and Conditions:
These terms and conditions ("Terms", "Agreement") are an agreement between Valencia Energy & Power, Inc. (“VEPI", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the www.valenciaenergypower.org website and any of its products or services (collectively, "Website" or "Services").
Accounts and Membership:
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Billing and Payments:
You shall pay all fees or charges to your account in accordance with the billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over an SSL secured communication channel and is encrypted and protected with digital signatures. Our Website is also in compliance with PCI vulnerability standards to create as secure an environment as possible for Users. Scans for malware are performed regularly for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or order at our sole discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed.
Accuracy of Information:
Occasionally there may be information on the website containing typographical errors, inaccuracies, or omissions that may relate to pricing, promotions, and offers. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website or any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or any related Service has been modified or updated.
If you decide to enable, access, or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services. We do not endorse, are not responsible or liable for, and make no representations of any aspect of such other services, including, without limitation, their content or how they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Valencia Energy & Power, Inc. concerning such other services. Valencia Energy & Power, Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services or your reliance on the privacy practices, data security processes, or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Valencia Energy & Power, Inc. to disclose your data as necessary to facilitate the use or enablement of such other services.
We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
During the website's use, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.
Links to other Websites:
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website unless specifically stated herein. Some of the links on the Website may be "affiliate links." This means if you click on the link and purchase an item, Valencia Energy & Power, Inc. will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for any other third parties' actions, products, services, and content. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual Property Rights:
This Agreement does not transfer to you any intellectual property owned by Valencia Energy & Power, Inc. or third parties. All rights, titles, and interests in and to such property will remain (as between the parties) solely with Valencia Energy & Power, Inc. All trademarks, service marks, graphics, and logos used in connection with our Website or Services are trademarks or registered trademarks of Valencia Energy & Power, Inc. or Valencia Energy & Power, Inc. licensors. Other trademarks, service marks, graphics, and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Valencia Energy & Power, Inc. or third-party trademarks.
Disclaimer of Warranty:
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods sold by third parties, or services purchased, obtained through the Service, or any transactions entered through the Service. Whether oral or written, no advice or information obtained by you from third parties or through the Service shall create any warranty not expressly made herein.
Limitation of Liability:
To the fullest extent permitted by applicable law, in no event will Valencia Energy & Power, Inc., its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Valencia Energy & Power, Inc. has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Valencia Energy & Power, Inc. and its affiliates, officers, employees, agents, suppliers, and licensors, relating to the services will be limited to an amount greater than one dollar or any amounts actually paid in cash by you to Valencia Energy & Power, Inc. for the prior one month period before the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Valencia Energy & Power, Inc. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
May Exercise all rights and restrictions contained in this Agreement; they shall apply and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. Suppose any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction. In that case, the parties intend that the remaining provisions or portions thereof shall constitute their agreement concerning the subject matter hereof. All such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Florida, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Florida, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and Amendments:
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of These Terms:
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you have any questions about this Document, please contact us.
This document was last updated on Jun 2021