1. Acceptance of Terms. This Service Agreement
(this "Agreement") governs the terms and conditions of your use of
the Valero® MyCard Online System ("System")
offered by Valero Payment Services Company ("VPSC"). Please
read it carefully. By clicking the "I Accept" button, you (the
user) agree that you have read and understand this Agreement and that you, or
anyone authorized by you, will be bound by and comply with all of its terms.
VPSC maintains this System on its website at www.valero.com
(the "Site") for your information, education and communication.
Please read these terms, information about Reasonable
Accommodation, the Legal Notice and the
Privacy
Statement carefully before using the Site. Access to and use of this
Site is subject to the terms and conditions set forth below. Your use of the
Site signifies your acceptance of these terms. If you do not agree to these
terms, please do not use the Site or this System.
2. Overview of Service. The Valero® MyCard Online System is a service that allows you to view
account information for your DSRM National Bank/Valero® Credit Card Account,
including, but not limited to transaction and billing information, account
balance, minimum payment due, and payment due date. Additionally, this System
allows the ability for you to make a payment on your account.
3. Eligible Users. In order to use the
System, (i) you must have a DSRM National Bank/Valero® Credit Card Account, and
(ii) you must have an active e-mail address. As a user of the System, you agree
to provide true, accurate, current and complete information about yourself as
requested and you agree not to misrepresent your identity. You bear the burden of any legal, regulatory,
or other requirements, and any penalties and fees that may be assessed by
supplying false information to VPSC.
4. Laws and Regulations. User access to and use
of the Site is subject to all applicable international, federal, state and
local laws and regulations. You agree to use the System only for bona fide and
lawful purposes. VPSC has the right to terminate your access to the Valero® MyCard Online System (“Access”), and may refuse to process
(or reverse) any transaction if VPSC believes, in its sole discretion, that you
are using the System for any illegal or improper purpose. You agree that VPSC
will not be held responsible or liable to you or any other person for such
action.
5. Consent and Use.
A. General. The System is an electronic, Internet
based-service. Therefore, you understand and agree that this Agreement will be
entered into electronically, and that the following categories of information
("Communications") may be provided by electronic means:
- This Agreement and any
amendments, modifications or supplements to it.
- Any customer service
communications regarding the Valero® MyCard
Online System, including without limitation communications with respect to
claims of error or unauthorized use of the System.
- Any other communication related
to the System.
Although VPSC reserves the right to provide
Valero® MyCard Online Communications in paper format
at any time, you agree that VPSC is under no obligation to do so. All Valero® MyCard Online Communications in either electronic or paper
format will be considered to be "in writing." You should print a
paper copy of this Agreement and any electronic Communication that is important
to you, and retain the copy for your records. If you do not wish to receive
this Agreement or the Communications electronically, you may not request Access
to the System.
B. Hardware and Software Requirements. In order to use Valero®
MyCard Online, you must meet the minimum System Requirements and
have:
- An e-mail account and e-mail
software capable of interfacing with Valero’s e-mail system.
- A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing.
- Sufficient electronic storage
capacity on your computer’s hard drive or other data storage unit.
- A printer that is capable of
printing from your browser and e-mail software.
C. User Responsibility. You agree to keep your
email address and other important Account information current by submitting
changes as necessary to the Valero® MyCard Online
Profile Page, or emailing us at cs_credit@valero.com, or
calling us at 1-800-333-3560, or mailing us at PO Box 631, Amarillo, TX 79105.
D. Delivery of Electronic Communications. Communications may be
posted on the Valero® MyCard Online System pages
within the Valero® web site or other web site disclosed to you and/or delivered
to the e-mail address you provide. All electronic Communications will be deemed
to have been received by you no later than five (5) business days after Valero®
sends it to you by e-mail or posts the Communication on the System, whether or
not you have received the e-mail or retrieved the Communication. An electronic
Communication by e-mail is considered to be sent at the time that it is
directed by Valero’s e-mail server to the appropriate e-mail address. An
electronic Communication by posting to the Valero® MyCard
Online System is considered to be sent at the time it is publicly available.
You agree that these are reasonable procedures for sending and receiving
electronic Communications.
6. Termination.
If
you wish to terminate your Access, you may do so at any time by notifying VPSC
through e-mail at cs_credit@valero.com, telephone at 1-800-333-3560, or mail at
PO Box 631, Amarillo, TX 79105. VPSC
may, without notice (except as required by law) and without liability to you,
terminate or suspend your access to the Valero® MyCard
Online System at any time and for any reason. Terminating or suspending your
Access to the System will not affect the terms of your DSRM National
Bank/Valero® Credit Card Account.
7. Protecting User ID and Password. You are responsible
for keeping your User ID and Password confidential and for ensuring that you
have logged out of the System when your session is complete. If you give your User ID or Password to
another person, you will be deemed to have authorized them to use that User ID or Password for any and all purposes, without
limitation. You agree that VPSC shall not have any responsibility or liability
to you or any other person for any losses or damages which you or anyone else
may suffer if you disclose your User ID or Password to any other person,
including any losses or damages arising out of the re-disclosure of this
information by the recipient to another person. You agree to immediately
contact us by email at cs_credit@valero.com or by
phone at 1-800-333-3560 if you suspect unauthorized use of your User ID or
Password.
8. Indemnification. You agree to indemnify
and hold Valero Payment Service Company and VPSC’s parent, Valero Energy
Corporation, its shareholders, subsidiaries, affiliates, directors, officers,
employees, agents, suppliers and subcontractors harmless from any claim, loss
or demand, including but not limited to reasonable attorney’s fees, made by any
third party due to or arising out of your use of the System.
9. Liability Limitations. VPSC is not liable for
any loss resulting from a cause outside VPSC’s direct control, including but
not limited to the failure of electronic or mechanical equipment or
communication lines, power outages, telephone or other interconnect problems,
computer viruses, "hacking," unauthorized access, theft, operator
error, severe weather, earthquakes, natural disasters, strikes or other labor
problems, acts of terrorism, wars, or government restrictions, or for any
information lost due to malfunction or loss of any e-mail systems. In addition,
we will not be responsible for any problems, costs or consequences of
- Your failure to
provide us with correct, current and complete information
- Our inability to
confirm your identity
- Your inability to
access the information on the System
- Inaccuracies or
errors in the information or material on the System;
- Termination or
suspension of access to the System;
10. DISCLAIMERS. EXCEPT AS EXPRESSLY
SET FORTH IN THIS AGREEMENT, YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
VPSC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VPSC
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF VALERO® HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. International Use. User acknowledges and
agrees that by providing VPSC with any personal or proprietary user information
through the Site, user consents to the transmission of such personal or
proprietary user information over international borders as necessary for
processing in accordance with VPSC’s standard business practices.
12. Fees. VPSC does not charge fees for your use of the
Valero® MyCard Online System. You are responsible for
any and all telephone access fees and /or Internet service fees that may be
assessed by your telephone and/or Internet service provider.
13. Assignment and Waivers. You may not assign
this Agreement to any other party. VPSC may assign this Agreement or delegate
certain of their rights and responsibilities under this Agreement to third
parties without notice to you. VPSC shall not be deemed to have waived any of
their rights or remedies under this Agreement unless such waiver is in writing
and is signed by the party alleged to have waived. The delay or failure of VPSC
to exercise or enforce any right or remedy in connection with this Agreement
shall not constitute a waiver of such right or remedy or any other rights or
remedies. A waiver on any occasion shall not be construed as a bar or waiver of
any rights or remedies on any other occasion.
14.
Miscellaneous.
Headings are for reference only and in no way define, limit, construe, or
describe the scope or extent of such section. This Agreement may be modified
from time to time. You may be subject to additional terms and conditions that
may apply when you use related services or third-party software. In the event
of a dispute regarding the Valero® MyCard Online
System, you agree to resolve the dispute by looking to this Agreement. This
Agreement constitutes the entire agreement between you and VPSC regarding the
use of the System. This Agreement and the relationship between you and VPSC
shall be governed by the laws of the State of Texas without regard to its
conflict of law provisions. You agree to submit to the jurisdiction of the
courts located within Bexar County, San Antonio, Texas. If any provision of
this Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
this Agreement remain in full force and effect. You agree that to the extent
any statute or law to the contrary may be modified hereby, any claim or cause
of action arising out of or related to the use of the System or this Agreement
must be filed within one (1) year after such claim or cause of action arose or
it will be forever barred.
You
should print and retain this document and any communications for safekeeping
and reference at any time during usage of the System.
Terms
of Service Last Modified October 30, 2018