Terms of Use Agreement
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 site located at www.myvalidas.com ("Site") with
regard to your use of the Site. Validas provides its products and services and other content on this Site to you
subject to your compliance with the terms of this Agreement. Please note that your use of our Site constitutes
your agreement to follow and be bound by this Agreement. Accordingly, if you do not agree to these terms,
please do not use this Site. Validas reserves the right to modify this Agreement at any time without prior notice.
Your use of our Site 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 Site.
Also, please print a copy of the Agreement for your records.
Validas takes your privacy very seriously. You may view our Privacy Policy here. If you decide to purchase our
services, that purchase and the use of the services are also subject to the terms of our User Subscription Agreement.
Validas Services
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 purchase 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 a user uploads. Each bill may result in different analysis.
If you have spam blocking activated, please add myvalidas.com to your list of accepted domains. Otherwise, our
email to you may be blocked.
Use of this Site
This Site and its contents are intended solely for personal, non-commercial use. Your use of this Site is at the
sole discretion of Validas. We may deny you further use of this Site at any time, for any reason, with or without
cause. Neither your use of the Site nor your registration on or purchasing from the Site entitles you to continued
use of the Site.
You may not use this Site in any manner that could damage, disable, overburden, or impair this Site or the
server it is hosted on. You may not obtain any materials or information through the Site 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 Site. 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 this Site to create or compile, directly or indirectly, in whole or in
part, a collection, database, or directory.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and
represent not to use the site 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;
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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);
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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;
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upload, post, email, or otherwise transmit or provide any content that promotes or enables unauthorized
copying of another person's copyrighted or proprietary work;
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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;
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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;
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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 Site if we suspect that you
engaged in fraudulent or dishonest activity in connection with our Site.
Use of Content
You may use the Site only for your personal, non-commercial use. 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 Site, the Site, or any related software. All software used on this Site is the property of Validas or
its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
Intellectual Property
This Site is protected by copyright, trade secret, patent, trademark, trade dress, and other intellectual property
rights. Unless otherwise noted, all materials that are part of the Site (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 this Site 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 entire Site, 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 Site associated therewith, are copyright 2006 - 2007, 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.
Registration
Validas encourages you to establish an account so you can take full advantage of the Site. For us to enable you
to complete an analysis of your mobile phone bill, we need you to establish a user profile. We will store your
user profile for future use. The information we store in your user profile may include your name, address, billing
address, e-mail address, phone number, user name, password, security question and answer, and other
information. Please note, however, that we will not store your credit card, so you will need to reenter it each time
you place an order. Please click here to review our Privacy Policy for additional information. You agree to
provide true, accurate, and current information about yourself as prompted by the Site's registration form and to
promptly update the registration information to keep it true, accurate, current, and complete. Your registration
will be subject to our User Subscription Agreement so please review that Agreement prior to registering.
Refund Policy.
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 Site 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 Site 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 Site 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 Site, 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 Site.
Indemnification
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 Site by you or any person using your account, the materials the
Site 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.
DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS 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 SITE OR THE INFORMATION,
CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR RELATED TO THE SITE.
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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 SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
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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.
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VALIDAS IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT
POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE
EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.
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VALIDAS MAKES NO REPRESENTATION OR WARRANTY THAT:
- YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- DEFECTS WILL BE CORRECTED;
- THIS SITE OR THE SERVER WHICH MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR
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THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SITE 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.
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NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VALIDAS OR THROUGH THIS SITE 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 SITE. 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 SITE.
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 SITE BY YOU OR ANY PERSON USING YOUR ACCOUNT;
- DISPUTES YOU MAY HAVE WITH YOUR MOBILE PHONE CARRIER;
- THE USE OF INABILITY TO USE THE SITE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
- ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY INFORMATION CONTAINED ON THE SITE, 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 SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE 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 THIS SITE.
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).
Privacy Policy
Validas' use of personal information that you may submit to us through this Site is governed by our privacy
policy. You can see our Privacy Policy here.
Waiver
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.
Modification
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 Site. 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 Site 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 Site.
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 Site 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.
The terms in this Agreement as they relate to any services or products made available on this Site are
supplemented by our Privacy Policy, which is incorporated herein by reference. To view our Privacy Policy, click
here.
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 Site (including, but not limited to, your purchasing
reports through the Site). No agency, partnership, joint venture, employee-employer, or other relationship is
intended or created by this Agreement.
Dispute Resolution
Disputes between you and Validas regarding our services should be reported to the Validas forum. We will
attempt to resolve any disputes you have with us.
Severability
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 this Site 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 this Site, but makes
no representation that materials on this Site are appropriate or available for use in any particular jurisdiction.
Use of this Site 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 Site (excluding linked sites, if any) is controlled by Validas from its offices within the State of Texas, United
States of America. The Site 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 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.
Term; Termination
This Agreement will remain in full force and effect while you use the Site.
Validas may terminate your right to use this Site 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.
Contacting Us
If you have a comment, question, or request, or if you need to contact Validas for any other reason, email us at
, or write us at:
Validas
9119 Hwy 6 South
Suite 230 Box 130
Missouri City, Texas 77459
If you call us but reach an answering machine, please leave a message and your telephone number.