Please read these Terms of Service carefully before using Valence Group Inc.’s Services.
By using our Services, whether as a guest, as a registered user, or otherwise, you agree that these Terms of Service will govern your relationship with Valence Group Inc. d.b.a. Valence SMP. These Terms of Service apply to all users of the Valence Group Inc.’s network, which is defined as but is not limited to the following:
- Valence Group Inc.’s Server for Minecraft,
- Valence Group Inc.’s net website and store, community chat (Discord).
- All features and functionalities as well as components of each of them, whether they are accessed through a computer or a mobile device.
Do not use any of our services if you do not agree to these Terms of Service.
- “Account” means any account provided by Valence Group Inc., additionally third-party accounts provided by the user to access the Services, such as a Minecraft account or Discord account.
- “Dispute” means any controversy related to this agreement, including but not limited to: claims arising out of or relating to any aspect of the relationship between you and Valence Group Inc., claims that arose before this agreement, and claims that may arise after the termination of this agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights and is subject to any applicable statutory consumer rights laws in Alberta, Canada.
- “In-App Purchases” means purchases available for purchase through the Services. This includes subscriptions, custom adventures, and custom items.
- “Custom Content” are paid event(s) or adventure(s) focused on the client and any pertaining materials (in-server location and/or items created for the event).
- “Intellectual Property Rights” means all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress, and similar rights of any type under the laws of any governmental authority, including, but not limited to all applications and registrations relating to the foregoing.
- “Notice” means delivered writing by e-mail, courier, or by Federal Express delivery to the other party at their respective address and will be effective upon receipt.
- “Service” (or “Services”) means the Valence Group Inc.’s Network and any other website, game, device, platform, content, and other related products and services provided by Valence Group Inc. and Valence Group Inc. affiliates including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Valence Group Inc. game client, and Valence Group Inc. game clients and server software.
- “Terms of Service” (or “Terms”) means the terms and conditions in this agreement.
- “User Content” means all data that you upload, transmit, or create through the Services, including without limitation character skins, buildings, forum posts, Account personas, profile information, software, sound, images, videos, precise and imprecise location data, EXIF data, timestamps, metadata, and any other content contributed by users to the Services.
- “Valence Group Inc.” refers to “Us,” “We,” or “Our”, including all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Valence Group Inc. does not include Valence Group Inc. Affiliates or third parties (analytics or ad tech companies, or similar organizations).
- “Valence Group Inc. Affiliate(s)” means third-party content providers, distributors, licensees, or licensors.
Ownership and Limited License
The Services are owned or licensed by Valence Group Inc. and are protected by Intellectual Property Rights and other proprietary rights laws. Valence Group Inc. reserves all rights, titles, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, which are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of Valence Group Inc.
Subject to your agreement and continuing compliance with these Terms and any other relevant Valence Group Inc. policies, Valence Group Inc. grants you a non-commercial, non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your entertainment purposes. You agree that you will not use the Services for any other purpose.
- You may access the Valence Group Inc. server through Minecraft Account and Discord Account if you agree to be bound by these Terms. You are not allowed to share accounts with other users. It is the responsibility of the Account owner to ensure that all terms are read and observed.
- Valence Group Inc. may suspend Accounts on its Services that are deemed inactive. Accounts shall be deemed inactive when they have not been used for One Hundred and Eighty (180) days.
- You acknowledge that if your Account is suspended you may lose access to any information associated with that Account. If you wish to delete your account, please alert Valence Group Inc. by sending a Notice to the following contact: email@example.com.
Any use or aiding and abetting in other’s use of the Services in violation of the law, these Terms of Service, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at Valence Group Inc.’s sole judgment and deletion of your Account or may subject you to liability for violations of law.
You acknowledge you will not directly or indirectly do the following:
- Take part in any activity or action that Valence Group Inc. deems to be against the spirit or intent of the Services;
- Take part in any cheats which are methods of gameplay not expressly authorized by Valence Group Inc. facilitating or influencing gameplay or granting You or any other user any sort of advantages over other players who are not using these methods, including exploits, cheats, bugs, errors, or undocumented features;
- Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services, Accounts, In-App Purchases, or Valence Group Inc.;
- Promote, encourage, or participate in any activity involving hacking, phishing, distribution, modding of the Services in any way not authorized by Valence Group Inc.;
- Exploiting the Services for purposes not expressly authorized by Valence
Group Inc. including, but not limited to the following:
- custom content and custom currency services for the purpose of reselling outside of the Services.
- offering in-game services including, but not limited to, account boosting, power leveling, or currency services in exchange for consideration of any kind.
- advertising through text or live audio communications, or otherwise of solicitations or offers through or within the Services and;
- organizing or promoting any form of an event involving wagering on the outcome or any other aspect of the services, whether or not it is considered gambling under the laws of any Alberta, Canada.
- Create or use any in-game items created or copied by using existing game bugs, undocumented issues, or design flaws of the Services;
- Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute any material obtained through the Services;
- Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;
- Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services;
- Attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, Valence Group Inc. itself, or Valence Group Inc. Affiliate. (You agree to be bound by the Discord Terms of Service plus additional Valence Group Inc. rules of the Services);
- Organize or participate in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by Valence Group Inc.;
- Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person's use or enjoyment of the services;
- Use of access services to obtain, generate or infer any business information about Valence Group Inc. or Valence Group Inc. Affiliates, including without limitation information about sales or revenue, staff, technical stack, or statistics about users;
- Make available through the Services any material or information that infringes any Intellectual Property Right, right of privacy, right of publicity, or other rights of any person or entity or impersonates any other person, including but not limited to celebrities and Valence Group Inc. employees;
- Attempt to gain unauthorized access to Services or Accounts not belonging to You; or
- Use the Services where it is prohibited by law.
Payment and In-App Purchases
- In-App Purchases are owned by Valence Group Inc. and are not your property. Valence Group Inc. may manage, regulate, control, modify or eliminate all In-App Purchases at any time, without notice or announcement, and without payment to you. Valence Group Inc. shall have no liability to you or any third party if Valence Group Inc. exercises any such rights.
- ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES ARE PAYABLE IN ADVANCE, FINAL, AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE CONSUMER RIGHTS LAW IN ALBERTA, CANADA. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-APP PURCHASES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
- To the maximum extent permissible by law, Valence Group Inc. assumes no responsibility or liability for the conduct of any user submitting any User Content and assumes no responsibility or liability for pre-screening or monitoring the Services for inappropriate or illegal content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Services is at your own risk, and you are solely responsible for any User Content that you post.
When you transmit or upload User Content, you agree to abide by the following rules:
- All content will be accurate, complete, and free from fraud and deception;
- All content will be free of any Intellectual Property Rights infringement;
- All content will be free from obscenity, threats, defamation, invasion of privacy, and other injuries to third parties;
- All content will comply with these Terms of Service;
- All content will not violate any law, contractual restrictions, or other parties' rights;
- All content will be free of viruses, adware, spyware, worms, or other malicious code;
- All content will be free of spam, commercial solicitation, chainletters, and mass mailings;
- All contents have no open source code.
- You hereby grant Valence Group Inc. a non-exclusive, non-revocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third parties) and right to use, copy, reproduce, quote, re-post, fix, print, archive, store, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, syndicate, transfer, translate, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and practice, in any way, your User Content, or any portion thereof, in any manner or form in any medium or format, whether now known or hereafter devised, as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services, and without Notice, payment, or attribution of any kind to you or any third party. Accordingly, you grant to Valence Group Inc. and Valence Group Inc. Affiliates all licenses, consents, and clearances necessary to enable Valence Group Inc. to use User Content for such purposes. You also hereby grant to Valence Group Inc. the right to authorize others to exercise any of the rights granted to Valence Group Inc. under this Section. You further hereby grant to Valence Group Inc. the unconditional, irrevocable right to use and exploit your name, likeness, and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Valence Group Inc. does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. You agree that you can only revoke this license by sending a Notice to the contact listed in Section 10(b) below.
In compliance with the Canadian Modernisation Act of Canada, Canadian
Notice and Notice regime and the other similar or equivalent applicable laws in
Alberta, Canada, if Valence Group Inc. is notified that you have infringed the
copyrights or other Intellectual Property Rights of others then your access to
the services may be terminated without prior notice to you. If you believe that
your content has been infringed in the services, please notify us by emailing
the following address: firstname.lastname@example.org.
Note that if you knowingly misrepresent copyright infringement, you may be liable for damages,
including costs and attorneys’ fees. Notices submitted to Valence Group Inc.
under this provision should include:
- A description of the Intellectual Property Rights claimed to have been infringed;
- A description of the material claimed to be infringing;
- Your name, mailing address, phone number, and email address;
- A statement by you that: (1) you have a good faith belief that Intellectual Property Rights infringement has occurred here; and (2) the information in this notification is accurate, and, under penalty of perjury, you are authorized to act on behalf of the owner of the Intellectual Property Rights that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed.
- Unless modified or amended by Valence Group Inc., this agreement and its provisions shall remain in effect. Termination of any license granted by Valence Group Inc. under this agreement does not affect any other provisions of this agreement.
Account Access and Permissible Assignment
- If you have been previously banned from using any Valence Group Inc. Services, you may not use our Services.
Service Availability and Termination
You acknowledge that:
- Valence Group Inc. may in its sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades, or patches related to any part of the Services;
- Valence Group Inc. has absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services, including any Accounts, at any time, for any reason, without notice and without liability to You;
- You may terminate these Terms at any time by emailing email@example.com or through the Valence Group Inc. Help Desk;
- Access to the Services may be interrupted for reasons within or beyond the control of Valence Group Inc. and that Valence Group Inc. cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
- In the event of a termination or suspension, any pre-purchased services or virtual goods, such as currencies, equipment, items, skills, or progress are forfeited, and You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this agreement. In addition, you will not be able to access the Services;
- Valence Group Inc. may not offer the Services in all countries or geographic locations; and
- You are solely responsible for any internet connection and mobile fees that you may incur as a result of using our Services.
- You acknowledge that:
Warranty and Liability
YOU ACKNOWLEDGE THAT VALENCE GROUP INC. AND VALENCE GROUP INC. AFFILIATES ARE NOT LIABLE (1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR (2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES. THE SERVICES ARE PROVIDED BY VALENCE GROUP INC. TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. VALENCE GROUP INC. MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN ALBERTA, CANADA. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY THE LAW OF ALBERTA, CANADA VALENCE GROUP INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VALENCE GROUP INC. DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT ALLOWED BY THE LAW OF ALBERTA ,CANADA THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). TO THE MAXIMUM EXTENT PERMISSIBLE UNDER THE LAWS OF ALBERTA, CANADA, THE AGGREGATE LIABILITY OF VALENCE GROUP INC. AND/OR VALENCE GROUP INC. AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO VALENCE GROUP INC. AND/OR VALENCE GROUP INC. AFFILIATES IN THE NINETY DAYS (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. IF YOU HAVE NOT PAID VALENCE GROUP INC. OR ANY VALENCE GROUP INC. AFFILIATE ANY AMOUNT IN THE NINETY DAYS (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VALENCE GROUP INC. AND/OR ANY VALENCE GROUP INC. AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A CANADIAN GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE GOVERNMENT OF CANADA AS A “TERRORIST SUPPORTING” COUNTRY, AND YOU ARE NOT LISTED ON ANY GOVERNMENT OF CANADA LIST OF PROHIBITED OR RESTRICTED PARTIES. SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH PROVINCES OR JURISDICTIONS, VALENCE GROUP INC. AND VALENCE GROUP INC. AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN ALBERTA, CANADA.
You agree to defend, indemnify and hold harmless Valence Group Inc.,
Valence Group Inc. Affiliates, and any third-parties under agreement with
Valence Group Inc. and any employee, contractor, vendor, agent, supplier,
licensee, customer, distributor, shareholder, director, or officer of
the foregoing, as well as any person using the Services and any person or
entity that becomes aware of your use of the Services at any time, with
respect to any claims, liabilities, judgments, awards, injuries, damages,
losses, costs, fees, or expenses (including but not limited to attorney’s
fees and costs) that arise under, from or in any way, directly or indirectly,
- Your failure to comply with any provision of these Terms of Service;
- Your use of the Services, including but not limited to economic, physical, emotional, psychological, or privacy-related considerations; and
- Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit, or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods when such program is not directly or indirectly being used.
- Valence Group Inc. and Valence Group Inc. Affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
- You acknowledge, and further agree that Valence Group Inc. has no obligation to defend, indemnify or hold harmless you in any way related to this agreement, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
- This Section shall survive the termination of this agreement.
- You agree to defend, indemnify and hold harmless Valence Group Inc., Valence Group Inc. Affiliates, and any third-parties under agreement with Valence Group Inc. and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director, or officer of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, related to:
Informal Resolution for You DisputesWith respect to any Dispute, you agree to attempt to negotiate the resolution of any Dispute informally for ninety (90) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations commence upon Valence Group Inc.’s receipt of Notice from you. This does not apply to any Dispute that Valence Group Inc. has with You.
Contact InformationValence Group Inc. can be reached at firstname.lastname@example.org.
Mediation/Binding Arbitration for Your Disputes
- If you are not able to satisfactorily resolve a Dispute informally within a total of ninety (90) days, or if Valence Group Inc., in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of ninety (90) days, you agree that either you or Valence Group Inc. may request resolution by Mediation/ final and fully binding arbitration conducted under the rules of International Center For Dispute Resolution Canada. You may request that a dispute be resolved by mediation/binding arbitration under this section and the party requesting shall be responsible for initiating such a proceeding.
- The ICDR Canada rules in conjunction with the Arbitration Act of Alberta RSA 2000, c.A-43 will run the arbitration between you and Valence Group Inc., and ICDR Canada rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than ICDR Canada rules and procedures or the Arbitration Act of Alberta, then we will follow these Terms instead. You can look at ICDR Canada rules and procedures on their website https://www.icdr.org/ or you can call them at 1-844-859-0845. You can review the Arbitration act of Alberta here: https://www.qp.alberta.ca/documents/Acts/A43.pdf
- YOU UNDERSTAND AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE. You and Valence Group Inc. both agree that neither shall attempt to have any other arbitration or class action related to any other party joined to any arbitration in which you are involved with Valence Group Inc. To the fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class action procedures. You and Valence Group Inc. further agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or a class member in any class or representative proceeding.
Valence Group Inc. Disputes Against YouIn Valence Group Inc.’s sole judgment, it may choose to initiate arbitration proceedings as set forth above or it may opt to immediately file a lawsuit against You. If such is the case, you agree to be subject to the jurisdiction in Alberta, Canada and agree to accept service of process via email to the email address associated with Your Account.
ChangesIt is your responsibility to read, understand, and accept this agreement in connection with your use of the Services. You acknowledge that Valence Group Inc. may make changes to these Terms of Service at any time and that Section headings in this agreement are for purposes of convenience only. Unless Valence Group Inc. states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services. You should check this page regularly to stay informed about any changes which you accept by continuing to use the Services.
Complete agreementThis agreement:
- is the final and complete agreement and understanding of the parties concerning the subject matter hereof, and supersedes and replaces any prior and contemporaneous agreements and understandings with respect thereto;
- may not be changed, amended, or in any manner modified except as authorized in a writing signed by both parties’ authorized agents;
- is not assignable, except to a successor in interest to substantially all of a party’s business or assets and any other attempt to assign or transfer this agreement or any interest herein is void; and
- shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, executors, administrators, successors, personal representatives, licensees, and assigns.
Force MajeureA Force Majeure Event means:
- any acts of God, including landslides, floods, earthquakes, and storms;
- non-natural disasters such as fires, explosions, power failures, and contaminations;
- action of military or civil authorities, wars, invasions, insurrections, revolutions, terrorism, or another armed conflict;
- changes in laws, regulations, orders, and embargoes;
- organized labour activities including strikes; and
- epidemics and quarantines;
and which prevents, delays, or interrupts the performance of any obligation under this agreement, other than any obligation to pay any money, and provided such event does not occur because of the negligence of the party relying on the Force Majeure Event (or those for whom it is in law responsible) or any act or omission of the party relying on the Force. Valence Group Inc. is not responsible for delays or failure of performance resulting from acts beyond their reasonable control, including, war, terrorism, acts of public enemies, strikes or other labour disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters.
WaiverNo act or failure to act by Valence Group Inc. will be deemed a waiver of any right contained in this agreement, and any waiver Valence Group Inc. must be in writing and signed by an officer of Valence Group Inc. If Valence Group Inc. does expressly waive any provision of this agreement, such waiver Valence Group Inc. shall not be a waiver of any other provisions of this agreement, and the waived provision shall not be waived for all time in the future.
SeverabilityIf any provision or sub-provision of this agreement is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible, and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
RemediesYou acknowledge and agree that any violation or threatened violation of this agreement will cause irreparable injury to Valence Group Inc. entitling Valence Group Inc. to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by Valence Group Inc. because of a breach of any provision of this agreement.
Governing Law and VenueAny dispute or claim arising out of or related to this agreement shall be governed by and construed in accordance with the laws of Alberta, Canada without reference to any choice or conflict of laws principles. Unless subject to arbitration under Section 43 of the Arbitration Act of Alberta, the courts in Alberta shall have exclusive jurisdiction over any legal suit, action, or proceeding arising out of, or relating to, disputes or claims that might arise under this agreement. Accordingly, the party’s consent to the personal jurisdiction of the Courts in the province of Alberta, Canada, and hereby waive all jurisdictional or venue defenses otherwise available to them.
LanguageTo the fullest extent permitted by law, the controlling language for these Terms of Service is English.