Terms of Service

Family in front of a laptop
Employee on tower
Employees meeting beside trucks
Definitions

All capitalized terms used in these TOS shall be defined in accordance with the following definitions or as otherwise defined herein.
A.”911-Enabled Softphone” means a Softphone for which the Valley Electric/Valley Communications’ 911 Service is supported.
B. “Account” means the numbered account established with Valley Electric/Valley Communications that contains any of the following information: Your true, accurate, current, and complete personal name or business name, administrator name, billing address, shipping address, the address
where the Plan Services will primarily be used, the records of Your Digital Lines, subscriptions, and any Plan Services that You have purchased from Valley Electric/Valley Communications. Multiple services, Digital Lines, or End Users may be included in a single account.
C. “Account Data” means Registration Information, and the Valley Electric/Valley Communications -generated logs of calling activity stored within that Account.
D. “Account Security Incident” means any actual or suspected unauthorized activity, erroneous billing, or breach or compromise of any Password Information or the security or privacy Your Office Plan, an Account, or any Account Data.
E. “Admin Portal” or “Customer Portal” means the website through which the Customer enters Registration Information, may purchase and register additional IP Desk Phones or Softphones devices, purchase additional products or services, or make modifications to or control Customer’s
Valley Electric/Valley Communications Account in any other way.
F. “Customer Communications” means the content of calls, facsimiles, SMS messages, voicemails, voice recordings, conferences or other communications transmitted or stored through the Plan Services.
G. “Digital Line” means a digital voice line allowing the placement of external outbound calls and receipt of external direct inbound calls.
H. “EmbaNCGOed Area” means a country or region that is subject to a Canadian, United States, United Nations, or European Union embaNCGO or economic sanctions, including without limitations destinations designated by Foreign Affairs, Trade and Development Canada, the United States Government in Country Group E or Part 746 of the Export Administration Regulations (15 CFR Part 730-774), or otherwise subject to territorial sanctions under regulations administered by the Foreign Affairs, Trade and Development Canada, the United States Department of the Treasury, Office of Foreign Assets Control, or other governmental authorities with jurisdiction.
I. “End Point” means a point through which any End User might access and/or use the Plan Services, including without limitation all IP Desk Phones and all Softphones, instances of the Valley Electric/Valley Communications Mobile or Desktop Applications, and all devices or VoIP infrastructure on which any Softphone or such instance is installed or through which the Plan Services may be accessed or used.
J. “End User” means the user of a virtual extension or individual digital line set up within an Account or an individual assigned thereto by You or by Valley Electric/Valley Communications at Your direction or request.
K. “Export Control List” means any list maintained by the government of Canada, the United States or any other country of entities or individuals that are subject to export controls or economic sanctions, including without limitation the Foreign Affairs, Trade and Development Canada Export Control List, the United States Commerce Department’s Denied Parties List, Entity List, or Unverified List; the United States Department of the Treasury’s or the United States Office of Foreign Assets Control’s Specially Designated National List; Sectoral Sanctions List; Foreign Sanctions Evaders List; and similar lists of entities, organizations, or individuals subject to export control restrictions or economic sanctions that are maintained by other agencies of the Canadian Government, the United States Government, the United Nations, the European Union, or any other governmental authority with jurisdiction.
L. “Intellectual Property” means mean all common law and statutory rights (whether registered or unregistered, or recorded or unrecorded, regardless of method) arising out of or associated with: (i) patents and patent applications, inventions, industrial designs, discoveries, business
methods, and processes; (ii) copyrights and copyright registrations, and “moral” rights; (iii) the protection of trade and industrial secrets and confidential information; (iv) other proprietary rights relating to intangible property; (v) trademarks, trade names and service marks; (vi) a
person’s name, likeness, voice, photograph or signature, including without limitation rights of personality, privacy, and publicity; (vii) analogous rights to those set forth above; and (viii) divisions, continuations, continuations-in-part, renewals, reissuances and extensions of the foregoing (as
applicable).
M.”IP Desk Phone” means a telephony hardware device that uses VoIP to place and transmit telephone calls over an IP network.
N.”IP Rights” means any and all patents, copyrights, trademarks, service marks, trade secrets, and other Intellectual Property rights in the Plan Services or in any technology used in the provision thereof.
O. “Law” means any federal, national, municipal, local, state, or international law, statute, regulation, code, ordinance, or restriction; treaty or convention; or court or administrative ruling.
P. “Legal Process” means any court or administrative order, subpoena, civil investigation demand, warrant, or other official request, order, or process.
Q. “Marketing Communications” means occasional non-bulk sales-related communications, and any other communications solely or primarily designed to market products.
R. “Office Services” means the voice, online meeting, video conferencing, and related services, applications, and product integrations, together referred to as Valley Electric/Valley Communications Office.
S. “Office Plan” means the subscription You are purchasing for Valley Electric/Valley Communications Office services.
T. “Password Information” means any and all passwords, PINs, IVR PIN codes, security questions or answers, and other access-related credentials related to Your Plan Services or an Account.
U. “Plan Services” means the services purchased under these TOS or any contract between Customer and Valley Electric/Valley Communications, including but not limited to Office Services, Contact Center Services, Valley Electric/Valley Communications Fax services or Valley Electric/Valley
Communications Professional services, and any software or hardware used in conjunction with the subject services.
V. “Registered Address” means the address of the physical location where You will use the Valley Electric/Valley Communications Office service, including each IP Desk Phone and each 911-Enabled Softphone.
W. “Registration Information” means any information You or Your End Users may be required to provide in order to begin using or to update the Plan Services, activate features, or add or modify an individual line or extension (e.g., activating an Account or End User or provisioning a device).
X. “Valley Electric/Valley Communications Mark” means a United States and foreign trademark, service mark, copyright, or logo of Valley Electric/Valley Communications.
Y. “Valley Electric/Valley Communications Mobile Application” the Valley Electric/Valley Communications Office application for mobile devices.
Z. “Service Communications” means any communications related in whole or in part to the administration, support, use, Usage, development, or improvement of its services (including without limitation communications related to billing, payment, Usage, purchases and other transactions,
Customer Communications, upgrades, updates, installations, new products, security issues, support cases, and/or customer satisfaction.
AA. “Softphone” means an instance of the Valley Electric/Valley Communications Softphone desktop software application used to access the Plan Services.
BB. “Taxes” means all federal, state, local, and municipal sales, international excise, value-added, transactional, regulatory, and other taxes and assessments and other governmental fees, surcharges, levies or amounts (including without limitation charges related to the recovery of amounts
contributed to any contribution, universal service or other governmental fund or entity, whether or not such recovery is mandated by any Law).
CC. “Text-to-911” means the ability to send SMS messages to 911.
DD. “Third Party Mark” means a United States and foreign trademark, service mark, copyright, or logo of a third party.
EE. “Toll-Free Minute” means minutes of usage incurred on toll-free numbers assigned to an Account.
FF. “Usage” means Toll-Free usage, Local usage, Long-Distance usage, International Usage, and any other usage of an Account that could result in charges for calling, messaging, or other activity.
GG. “Voice/Text Feature” means any functionality or feature of the Plan Services that converts voice content to text content or vice versa.

Future Changes to These TOS

We may change the terms of these TOS from time to time upon delivery of electronic or written notices to You. Valley Electric/Valley Communications generally provides written notice of changes to Your account, including these TOS and any other legal agreements, via email, electronic notice on the Valley Electric/Valley Communications’ Website or Your Account Page, or on Your billing statements, or as otherwise required by applicable Law. You agree to carefully read and review each such e-mail notice, electronic notice, and billing statement from Valley Electric/Valley Communications fully regarding any such notices of changes to Your Account. Subject to applicable Law, the modified terms shall replace and supersede all previously agreed to electronic and written terms, as well as any prior versions of these TOS and become binding on You on the later of the date they are posted on the Valley Electric/Valley Communications website (www.www.valleycom.com) or as otherwise indicated in the notice to You. You agree that You are solely responsible for:
(i) making sure that Your registered email account is current and functional:
(ii) checking Your registered email account regularly;
(iii) checking the Valley Electric/Valley Communications Website and Your Account page regularly; and
(iv) making sure that Valley Electric/Valley Communications are not blocked or rendered undeliverable by You, Your computer, any software installed on Your computer, Your Internet service provider, or for any other reason.

Continued use of the Plan Services will constitute Your acceptance of the modified terms. If the terms of these TOS are amended and You do not wish to accept the modified terms, You may terminate these TOS as provided for in Section 21 entitled “Termination”.

General Terms
  1. Relationship of the Parties
    The Parties’ relationship under these TOS is that of independent contractors. Nothing in these TOS shall constitute or create any employment, partnership, association, joint venture, agency, or fiduciary relationship between the Parties. Neither Party shall have the authority to bind or
    obligate the other Party in any way.
  2. Notices
    Notices to You shall be effective on the date sent to Your registered electronic mail address when sent by email or, at Valley Electric/Valley Communications Communication’s option, three (3) days following the date deposited in regular United States Mail, postage prepaid, and addressed to Your current address on Your Account. You are responsible for notifying Valley Electric/Valley Communications of any changes in Your contact information or address through Your Account settings page or by contacting customer service at (775) 727-5312.
    Written notice to Valley Electric/Valley Communications shall be effective when directed to Valley Electric/Valley Communications’ Legal Department and received at Valley Electric/Valley Communications’ then-current address as posted on Valley Electric/Valley Communications
    Website, available here. Your notice must specify Your name, Account information, and security verification question and answer. All notices from You to Valley Electric/Valley Communications must be made in writing.
  3. Force Majeure
    Excluding either Party’s payment obligations under the Agreement, neither Party shall be responsible or liable for any failure to perform or delay in performing to the extent resulting from any event or circumstance that is beyond that Party’s reasonable control, including without limitation any act of God; national emergency; riot; war; terrorism; governmental act or direction; Laws; breach, delay, act, or omission of any supplier, carrier, contractor, subcontractor, or business partner; failure, outage, or unavailability of third party network(s) or system(s); fiber, cable, or wire cut; power outage or reduction; rebellion; revolution; insurrection; criminal acts of third parties, earthquake; storm; hurricane; flood, fire, or other natural disaster; or strike or labor disturbance (each a “Force Majeure”). In the event that a Force Majeure prevents a Party’s performance for more than 45 consecutive days, either Party may terminate the particular agreement document(s) impacted.
  4. Third Party Beneficiaries
    Nothing in these TOS, express or implied, is intended to or shall confer upon any person or entity other than the Parties themselves any right, benefit, claim, or remedy as a third party beneficiary or by any other nature whatsoever under or by reason of these TOS.
  5. Choice of Law
    These TOS and Your use of the Plan Services shall be governed by and construed under the laws of the State of California and the United States without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these TOS or Your sign up or use of the Plan Services.
  6. Dispute Resolution and Optional Arbitration
    In the event of any dispute, claim, question, or disagreement between You and Valley Electric/Valley Communications (“Dispute”), You and Valley Electric/Valley Communications shall first use reasonable best efforts to settle the dispute, claim, question, or disagreement. To this end,
    You and an authorized member of Valley Electric/Valley Communications’ legal department (or other representative of Valley Electric/Valley Communications designated by the legal department) shall consult and negotiate with each other in good faith and, recognizing their mutual
    interests, attempt to reach a just and equitable solution satisfactory to both parties. Neither You nor Valley Electric/Valley Communications shall file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and negotiations. Notwithstanding the adjudication requirement above, for any Disputes involving ten thousand dollars ($10,000) or less, either party may choose to resolve such Dispute through binding, non-appearance-based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted through an established alternative dispute resolution provider mutually agreed upon by the parties, and any judgment rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision shall be final and legally binding. In the event of any litigation (including arbitration) between You and Valley Electric/Valley Communications, the non-prevailing party shall reimburse the prevailing party for all reasonable and documented attorneys’ fees, costs, and expenses relating to the Dispute. Some jurisdictions may place limits on governing law, venue, and/or dispute resolution provisions, so certain of the foregoing requirements in this section may not apply to You.
  7. Venue
    You agree that any Disputes shall be adjudicated in the state and federal courts of the State of Nevada, United States. Venue for any Disputes shall be the court of proper jurisdiction in the City Las Vegas and the County of Clark. You agree to submit to the exclusive jurisdiction of such courts with respect to any Disputes and agree not to bring any Disputes in any other court or adjudicative body. You hereby consent to venue and personal jurisdiction in such courts with respect to such Disputes and irrevocably waive any right that You may have to assert that such forum is not convenient or that any such court lacks jurisdiction.
  8. Equitable Relief
    You agree that any breach of Valley Electric/Valley Communications’ IP Rights will cause Valley Electric/Valley Communications irreparable harm for which monetary damages will be inadequate and Valley Electric/Valley Communications may, in addition to other remedies available at Law or in equity, obtain injunctive relief without the necessity of posting a bond or other security, proof of damages, or similar requirement.
  9. Class Action Waiver
    Any actions, lawsuits, or shall be conducted solely on an individual basis and the Parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or in any other proceeding in which any party acts or proposes to act in a representative capacity.
  10. Consumer Notice
    The Division of Consumer Complaint Resolution (NRS 703.025, 704.210) is a division within the Commission to receive and investigate complaints made against any public utility, to conduct appropriate investigations of practices of utility company services and to perform such other functions as are required by law or as the Commission deems appropriate. If you reside in Northern Nevada, the Division can be reached by mail at:
    1150 E.William Street
    Carson City, NV,By telephone, (775) 684-6100 or by email.If you reside in Southern Nevada,the Division can be reached by mail at:
    9075 W. Diablo Drive, Suite 250
    Las Vegas, NV 89148

    By telephone at (702) 486-2600 or by email.

  11. No Waiver
    In no event shall any failure or delay by Valley Electric/Valley Communications to:
    (i) assert or exercise any right;
    (ii) demand fulfillment or performance of any obligation; or
    (iii) avail itself of any remedy under these TOS, in whole or in part, be deemed a waiver of any right or remedy under these TOS on suchoccasion or any other occasion. Except as otherwise expressly stated in these TOS or an agreement document duly executed by both Valley Electric/Valley Communications and You, all rights and remedies stated in these TOS are cumulative and in addition to any other rights and remedies available under these TOS, any agreement document, at Law, or in equity.
  12. Interpretation
    These TOS, including the documents incorporated herein, constitutes the entire agreement between You and Valley Electric/Valley Communications with respect to the Plan Services and supersedes all prior or contemporaneous understandings regarding such subject matter. If any part of these TOS is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect. The failure of Valley Electric/Valley Communications to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or any other provision. The section titles in these TOS are for convenience only and have no legal or contractual effect. This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be:
    (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing;
    (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and
    (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business.Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained. Assignment Either party may assign these TOS and any of its rights and obligations hereunder with the other party’s prior written consent (which such consent shall not be unreasonably withheld), except that Valley Electric/Valley Communications may, without notice, assign the TOS and all of Valley Electric/Valley Communications’ rights and obligations hereunder to:
    (i) an affiliate; or
    (ii) Valley Electric/Valley Communications’ successor or surviving entity in connection with a merger, acquisition, consolidation, sale of all or substantially all of its assets, or the transfer or disposition of more than 50% of a Valley Electric/Valley
  13. Communications’ voting control or assets
    Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, these TOS shall be binding on and inure to the benefit of the parties, their successors, permitted assigns, and legal representatives.
  14. Severability
    If any provision or portion of the Agreement is determined to be invalid, unlawful, illegal, void, or unenforceable, in whole or in part, then (i) that provision or portion shall be construed in such a manner as to render the provision or portion enforceable and, to the extent possible, to reflect the Parties’ original intent and (ii) the remaining provisions and portions of the Agreement shall remain in full force and effect.
  15. Survival
    The following provisions of these TOS will survive termination or expiration of these TOS for the maximum term allowed by Law:
    (i) Your payment obligations;
    (ii) terms relating to intellectual property ownership, customer representations, confidentiality, storage of user information, publicity rights, non-disparagement, indemnification, warranty disclaimers, limitations of liability, dispute resolution and arbitration, and choice of law; and
    (iii) all provisions that are intended by their nature to survive termination of this agreement.
Limitation of Liability
  1. Consequential damages
    In no event shall Valley Electric/Valley Communications be liable to you or any third party for costs of procurement, cover, or substitution goods or services; loss of use, data, equipment, products, business opportunities, or profits; interruption of business; transactions entered into or not entered into; or special, exemplary, indirect, incidental, consequential, reputational, or punitive damages of any kind, however caused and whether arising under contract, warranty, tort (including negligence or strict liability), or any other theory of liability, even if Valley Electric/Valley Communications has been informed in advance of the possibility of-or could have foreseen-such costs, losses, or damages.
  2. Direct damages cap
    Except as set forth below, Valley Electric/Valley Communications ‘s total aggregate liability shall not exceed the plan services fees payable hereunder during the 1 month immediately prior to the date of the event(s) giving rise to the liability. The limitation of liability set forth in this sub-section does not apply to:
    (I) your liability for gross negligence or willful misconduct; or
    (Ii) your liability arising from your actual or alleged breach of sections 1 (911 policy), 6 (acceptable use policy), 11 (number policies), or 4 (customer security policy) of these ToS.
  3. Scope and exceptions
    The limitations and exclusions set forth in this section entitled (Limitation of liability):
    (I) shall apply to the fullest extent permitted by law,
    (II) shall not disclaim, limit, or cap customer’s obligation to pay any fees or charges or other amount owed to Valley Electric/Valley Communications or any damages to which Valley Electric/Valley Communications is Entitled under applicable law for infringement of IP rights,
    (Iii) reflect the allocation of risk between the parties, and
    (IV) shall survive termination or expiration of the plan services and apply in any and all circumstances, Including without limitation in the event of any failure of the essential purpose of any limited warranty Provided herein.

    Some jurisdictions do not allow certain limitations of liability, so certain of the foregoing limitations may not apply to you.

Warranty Disclaimer

To the extent permitted by law, the plan services are rendered “as is” and “as available,” and Valley Electric/Valley Communications makes no warranties, express or implicit, including but not limited to the implied warranties of infringement, title, merchantability, quiet enjoyment, and fitness for a particular purpose and any warranties arising from usage in trade or a course of dealing, together with similar warranties, whether commencing under any law or otherwise. Specifically, and without limiting the above mentioned in any way, Valley Electric/Valley Communications Communications specifically disclaims any warranty:

(i) that any product will meet any specific requirements;
(ii) that any product will be timely, secure, error free, uninterrupted, or that any defects in any product shall be corrected; or
(iii) with respect to the accuracy or reliability of any results obtained through use of any account, your office plan, or any product or any customer communications, information, content, or data downloaded or otherwise obtained or acquired through the use of any of the preceding. The parties agree, and it is their intention, that in no event shall any warranty provided by law apply unless required by applicable statute notwithstanding their exclusion by contract. To the extent that Valley Electric/Valley Communications cannot disclaim any such warranty as a matter of applicable law, the scope and length of such warranty shall be limited to the fullest extent permitted by law. Some jurisdictions do not permit the disclaimer of certain implied warranties, so certain of the foregoing disclaimers may not apply to you. To the extent that Valley Electric/Valley Communications cannot disclaim any such warranty as a matter of applicable law, the scope and duration of such warranty will be the minimum permitted under such law.

Termination
  1. Monthly Plan Customers
    For monthly plan customers, You may terminate or cancel Your use of the Plan Services at any time with or without cause by calling customer service at (888) 368-9283, subject to the restrictions and fees provided within these TOS, and any additional agreements governing the products or services.
  2. Annual Plan Customers
    For annual plan customers, You agree to purchase the Plan Service for the complete length of the applicable Term. You have 30 days from the date of purchase to request a prorated refund. After the initial 30 days, if You terminate the Plan Services before the end of Your Term, You are-subject to applicable Law-responsible for all charges for any and all remaining time left on Your Term, including, without limitation, unbilled charges, outstanding charges, Taxes and fees, including any applicable disconnection fees. In addition, You shall not be entitled to a refund for any unused portion of Your prepaid Term.
  3. Generally
    You understand and agree that Valley Electric/Valley Communications may at any time, and without additional notice to You, modify, suspend, disconnect, terminate, discontinue, or block access to any or all of the features of the Plan Services if:
    (i) Valley Electric/Valley Communications determines or reasonably suspects that You have committed a material breach of these TOS;
    (ii) Valley Electric/Valley Communications determines that You have created, or caused to be created, multiple free accounts;
    (iii) Valley Electric/Valley Communications establishes that You have used a fraudulent credit card to pay for Service charges on Your Account;
    (iv) Valley Electric/Valley Communications deems that You have verbally insulted, harassed, or abused any of its employees, agents, contractors, or other representatives;
    (v) You did not or will not reasonably cooperate or comply with any applicable Law or regulation, or Valley Electric/Valley Communications is made aware of allegations of the same.
    (vi) Valley Electric/Valley Communications is ordered by law enforcement or other government agencies to terminate or suspend Service to Your Account;
    (vii) You bring any legal action or proceeding, including without limitation in any court, regulatory, or administrative body, arbitral body, or mediator, against Valley Electric/Valley Communications, or participate in any class action lawsuit against Valley Electric/Valley Communications;
    (viii) You file a petition in bankruptcy, or if a petition is filed against You and if such petition is not dismissed within 30 days after the effective filing date thereof, or if any of Your relevant property is placed under a trustee or receiver;
    (ix) Valley Electric/Valley Communications determines that such action is necessary to maintain, protect, or improve the Services; to prevent misrepresentation or fraud by affirmative acts and/or omissions; to protect Valley Electric/Valley Communications, its customers, or other third parties affiliated with Valley Electric/Valley Communications; or for any other good cause;
    (x) You violate applicable Law; or
    (xi) As otherwise contemplated by these TOS.

Upon any suspension or termination of Your Account, Valley Electric/Valley Communications may immediately delete or deactivate Your Account and all related information and files in Your Account and/or may restrict any further access to such information, files, or the Plan Services.Valley Electric/Valley Communications shall not be liable to You or any third party for any reason for suspending or terminating Your use or access to the Plan Services. If You or Valley Electric/Valley Communications suspend or terminate Your right to use the Services, You shall not be entitled to any refund or pro-ration of any pre-paid amounts, international calling credits, Plan Credits, or other amounts paid to Valley Electric/Valley Communications prior to the termination or suspension date.

Idemnification

To the maximum extent allowable by applicable Law, You shall indemnify and hold harmless, individually and collectively, Valley Electric/Valley Communications, its agents, resellers, affiliates, and other providers who supply goods and services to You in connection with the Services, and
their managers, employees, officers, directors, and shareholders (the “Indemnified Parties”) from and against any and all liability, losses (including loss of profits, revenue and goodwill), claims, damages, injuries to persons or property, costs, fines, penalties, and expenses (including attorneys’ fees and dispute resolution expenses) related to or arising from:
(i) the reliance upon or use of the Plan Services by You or any third party acting with Your knowledge, authority, permission, or direction;
(ii) a breach of this TOS by You or any End User;
(iii) any or willful misconduct, negligent acts, or omissions to act by You or any third party acting with Your knowledge, authority, permission, or direction;
(iv) any inability to use the Plan Services or outage or failure of the Plan Services for any and all reasons, including but not limited to those relating to calling “911” or other emergency services;
(v) the use of Your Plan Services in connection with a violation of any applicable regulation, law, code, or ordinance; or
(vi) the breach, violation, infringement, or misappropriation of any right, title or interest of any third party, including but not limited to, Intellectual Property rights, rights of privacy, contractual rights, and rights of publicity and personality.

Copyright Infringement

Pursuant to the Digital Millennium Copyright Act of 1998 (17 U.S.C. $512) (the “DMCA”) upon the good faith belief that copyrighted content transmitted via Valley Electric/Valley Communications is infringed, the copyright owner or its agent may send Valley Electric/Valley Communications a notice requesting removal of the infringing content or blocking access to it. Additionally, the DMCA allows any party against whom a copyright infringement notice has been filed to subsequently submit a counter-notice. Notices and counter-notices must meet statutory requirements set forth in the DMCA. Notices and counter-notices may be sent to Valley Electric/ Valley Communications registered copyright agent at the following address or our email address:

Valley Electric Association, Incorporated./Valley Communications Association, LLC
800 East Highway 372
Pahrump, NV 89041
USA
Email Valley Communications

The notice must include:
(i) the physical or electronic signature of the owner (or party authorized to act on the owner’s behalf) of the copyrighted work;
(ii) a description of the copyrighted work upon which the infringement claim is based;
(iii) information reasonably sufficient to permit Valley Electric/Valley Communications to locate the copyrighted work;
(iv) an address, telephone number and e-mail address for the owner of the copyrighted work;
(v) a statement by the owner of the copyrighted work or its agent, asserting that party’s good-faith belief that the use in question is unauthorized by the copyright owner, the owner’s agent, or the Law; and
(vi) a statement by the copyrighted work’s owner or its agent, made under penalty of perjury, that the preceding information in the notice is accurate, as well as affirming ownership of the copyright or is authorized to act on the copyright owner’s behalf.

Any notice or counter-notice must be truthful and submitted under penalty of perjury. A false notice or counter-notice may constitute grounds for personal liability. Parties should seek advice from legal counsel before submitting any notice or counter-notice. Upon receipt of the notice, Valley
Electric/Valley Communications may make a good-faith attempt to transmit the notice to such party as received or transmitted the allegedly infringing copyrighted work, and may transmit any counter-notification to the complaining party. Valley Electric/Valley Communications may, at its sole discretion, terminate, disconnect, or suspend such party’s use of and/or access to the Plan Services or Account if it is determined that such party has participated in more than one instance of copyright infringement.

Publicity Rights

You agree that Valley Electric/Valley Communications may identify You as a user of the Plan Services in its press releases, marketing materials, business deals, electronic, printed, and broadcast advertising, tradeshows, newsletters, mailings, other promotional materials, on Valley Electric/
Valley Communications website, or any other third-party website where Valley Electric/Valley Communications or its designated agents may promote the Services. You hereby grant Valley Electric/Valley Communications and its agents an irrevocable, worldwide, non-exclusive, perpetual, fully paid-up, royaltyfree license (with right to sublicense) to use, publish, reproduce, and display Your name, service marks, designs, trademarks, logos, and symbols in connection with such purpose.

Additional Terms and Conditions for the Valley Electric/Valley Communciations Global Office

If You have subscribed to Valley Electric/Valley Communications Global Office (“NCGO”), this section defines additional terms and conditions concerning NCGO. For the purposes of this section, the term “Home Country” means the United States, where You have purchased general telephony services from Valley Electric/Valley Communications. Additional updates or notices pertaining to Your services in NCGO countries are available on our website.

  1. Emergency Service Limitations
    Valley Electric/Valley Communications furnishes access to emergency call services in many, but not all, countries in which NCGO is available, allowing most Valley Electric/Valley Communications Office Users to access Emergency Services (911 in the United States and Canada, 999/112 in the United Kingdom and the European Union, 999/995/993 in Singapore, and any other applicable Emergency Services numbers). Your access to these services may differ depending upon Your location or the device You are using. Your device works differently than traditional wireline or wireless telephones. Access to emergency calling services in NCGO countries, where available, is contingent on the limitations set forth in Section 1 (Operation and Limitations of the Valley Electric/Valley Communications 911 Service) above. It is strongly advised that You have an alternate means for placing emergency calls readily available at all times. Disclaimer of Liability for Emergency Services in NCGO Countries. You represent and warrant that You have made available and at all times will maintain traditional landline and/or mobile telephone services that will enable users of Your Valley Electric/Valley Communications Services to place calls to 911/112/999 or any other applicable Emergency Services number(s). You represent and warrant that You will not use the Valley Electric/Valley Communications Services in environments necessitating fail-safe performance or in which the failure of the Valley Electric/Valley Communications Services could lead directly to personal injury, death, or severe physical or environmental damage. Accordingly, you agree that Valley Electric/Valley Communications shall not be responsible or liable for-and agree to fully, finally, and forever discharge, release, indemnify, and hold harmless the Valley Electric/Valley Communications from and against any claim resulting from, based on, or relating to-any and all acts or omissions related to the response, or lack of response, handling of, or not handling of any emergency call or other communication in connection with the NCGO service. NCGO Service Provided in Connection with Home Country Service. You hereby represent and warrant that if:
    (i) You have a presence currently in the Home Country and will continue to maintain a presence in the Home Country throughout the tenure of these TOS; and
    (ii) that Your purchase of NCGO Service is in connection with Your subscription to Plan Services within the Home Country. You acknowledge and agree that Valley Electric/Valley Communications will provide NCGO Service to You only in connection with the Plan Service in the Home Country. Valley Electric/Valley Communications may terminate Your NCGO Service immediately if You no longer have any Plan Service or lines in the Home Country. You acknowledge and agree that all billing for the NCGO service shall be done in the Home Country using the currency of the Home Country. You agree to provide a billing address located in the Home Country at all times during the term of these TOS. You acknowledge and agree that all licenses, documentation, and services in connection with NCGO Service will be provided only in English and shall be governed by the Law of the Home Country.