Valero CornNow Terms of Use
Valero CornNow Terms of Use
Last Updated: July 19, 2023
Last Updated: July 19, 2023
Valero Grain Marketing Company, LLC and its affiliated companies (collectively “Valero”) maintains this mobile application (the “App”) for your information, education, and communication. Please read these terms of use carefully before using the App. Access to and use of this App is subject to the terms and conditions set forth below. We require that all users of this App adhere to the following rules and regulations. Your use of the App signifies your acceptance of these terms of use (“Terms”). Please read these Terms carefully before using the App. If you do not agree to these Terms, please do not use the App.
Your use of the App is also subject to the Valero Privacy Statement, which is incorporated by reference in these Terms. The App, and the products and services described in the App, are not intended for children, and we do not knowingly collect any information from children. If you have not yet reached the age of majority, you should not use the App.
Valero reserves the right, in its sole discretion, to change, modify, add, or delete any or all of these Terms at any time, without further notice to you. If we do this, we will post the new, modified version of the Terms in the App. Unless otherwise stated, any modifications to the Terms will go into immediate effect after they have been publicly posted, as indicated by the “Last Updated” date at the beginning of these Terms. It is your responsibility to review the Terms for any changes. Any new features or updated content we make available in the App in the future will be subject to the Terms posted at the time of your use of the App. Your continued use of the App after we make changes to the Terms will demonstrate your acceptance of those changes.
We may ask you to affirmatively agree to an updated version of the Terms, and in that case, if you do not affirmatively agree, you will no longer be permitted to access or use the App.
These Terms are effective until terminated.
You may terminate your acceptance of the Terms at any time by uninstalling the App from all of your devices and no longer using or accessing the App.
We may terminate your rights to use the App, without notice to you, if you fail to comply with the Terms, as determined in our sole discretion, and we may also close any User Account (as defined below in Section VIII) you have established within the App. Upon the termination of these Terms, you must cease all use of the App. You understand that some of your User Content (as defined below in Section VIII) may continue to appear on or through the App or may persist in backup copies for a reasonable period of time after these Terms have terminated.
The App is currently made available to you free-of-charge only for individual use. We reserve the right, in our sole discretion, without notice to you, at any time and from time to time, temporarily or permanently, to: (a) modify, suspend, terminate, withdraw or discontinue all or any part of the App without compensation to you, including but not limited to: (i) restricting the time that all or any part of the App is available; (ii) restricting the amount of permitted use of all or any part of the App; and/or (iii) restricting or terminating any user’s right to use all or any part of the App; and/or (b) offer opportunities to some or all users of all or any part of the App. You agree that we are not liable to you or any third party for any modification, suspension or discontinuance of all or any part of the App, or of any service, content or feature offered through the App.
The App, and any interfaces, material, software, code, files, content, images contained in or generated by the App (including the Valero Marks, as defined below), accompanying data and other embedded software, including third party software, and App updates and upgrades (collectively the “App Content”), whether in read-only mode, on any other media or in any other form, are owned by Valero or Valero’s App developer, or their respective licensors, and are protected by applicable law. No title or any intellectual property rights are transferred to you. In addition, Valero, Valero Renewables, as well as any other brands, trademarks, names and logos identifying the products and services marketed by Valero within the App are trademarks owned or licensed by Valero (the “Valero Marks”). Third party marks displayed on the App are owned by each respective third party. All App Content is protected by copyright and may not be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, or distributed except as expressly permitted in these Terms or with Valero’s prior written consent. You have no rights to App Content, except as expressly provided in these Terms.
The App may provide general information about our products and services. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. Although we try to provide accurate and timely information, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on the App. Your eligibility for particular products and services is subject to our final determination, restrictions, and acceptance. We may discontinue or make changes to the information, products, licenses, or services described via the App at any time. We reserve the right to terminate any or all offerings without prior notice.
This App may contain links to third-party websites, such as social media, news, local radar, or local weather forecast websites, which we do not own or control, but which are being provided for your convenience. If you visit a link to another website, you do so at your own risk subject to the terms and conditions establish by the operator of that website. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website's owners or operators. In no event shall Valero be responsible or liable for any products or services of such third-party websites. We reserve the right to terminate a link to a third-party website at any time.
Valero grants you a limited, revocable, non-sublicensable license to use the App in accordance with these Terms (the “License”) solely to enable your use of the App for your own purposes. The License entitles you to install the App on your device and to use the App in accordance with these Terms. The License does not grant you any right to use any App Content in the design, development, manufacture, licensing, or distribution of commercial content derived from the App. Any use of the App that is not permitted by or that is inconsistent with these Terms, including, but not limited to, resale, transfer, modification, or distribution of the App or copying or distribution of text, pictures, music, video, data, hyperlinks, displays and other App Content, is prohibited.
The App may only be used by persons in the United States of America. Access to or use of the App by persons in any country who is sanctioned by the United States is specifically prohibited. Valero reserves the right to restrict your access to the App when you are located outside of the United States.
These Terms are expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the App Content (or access) without complying with such laws, orders, restrictions, or regulations.
In order to use the App or certain functions of the App, you may be required to create an account (“User Account”), by providing certain personal information, which may include without limitation, your name, phone number, email address, and a user-chosen password (“Account Password”). You may also choose to provide other text, data, software, photographs, images, graphics, files, videos, audio, sound, music, messages, materials, comments, ratings, or reviews to Valero using the App (“User Content”).
Valero reserves the right to refuse the creation of a User Account by any individual, and the right to cancel any User Account after successful creation, in Valero’s sole discretion. By creating a User Account, you agree to each of the following:
a. You represent that you are 18 years of age or over.
b. You will not create a User Account for anyone else without the permission of the individual for whom you create an account.
c. All User Content that you provide in connection with the creation of a User Account is accurate, truthful, and complete (“Account Information”). You acknowledge and agree that by entering Account Information into the App to create a User Account, you consent to the processing of that Account Information in accordance with our standard business practices.
d. You will be responsible for the security of any User Account created by you.
e. You will not use any other person’s User Account without their express permission.
f. You will not attempt to sell or transfer your User Account to any other person, and any attempt to do so will be void.
g. You will not allow unauthorized access to your User Account, acknowledging that your User Account may be used to generate a binding grain contract between you and Valero.
h. You take full responsibility for all activity on the App while logged into your User Account.
i. If you become aware of any unauthorized use of a User Account, you will immediately notify us.
j. You will not use or exploit any errors in the design or features of the App to gain unauthorized access to the App or any User Account.
k. You will not attempt to circumvent any App security features or functions to gain access to Valero systems or networks.
l. You will not use the App to engage in any conduct that would constitute criminal activity or give rise to any civil liability.
m. You will not use the App in any manner that we, as determined in our sole discretion, consider unreasonable or objectionable.
Valero may disable, suspend, or terminate your User Account and/or your ability to use the App at any time, in its sole discretion. In addition, if you violate the Terms, you may be subject to termination of your User Account and/or your right to use the App.
Valero will not be liable for any losses caused to, or financial obligation incurred by, you or any third party as a result of unauthorized use of your User Account resulting from your failure to comply with these Terms. To the full extent permitted by applicable law, if Valero is found to be liable to any third party as a result of any unauthorized use of your User Account resulting from your failure to comply with these Terms, you agree to indemnify Valero for any expenses incurred by Valero in connection with that liability.
To access the App, you will need a working connection to the Internet via a mobile device for which you are solely responsible for all costs, expenses, and fees.
The App requires your mobile device to be connected to the internet to operate correctly. As a result, the availability and your use of the App may be affected by factors beyond our control. We are not responsible for the unavailability of the App at any particular time. In addition, the terms of your agreement with any provider of data service to your device apply when you use the App, and you are solely responsible for any such charges.
We may send you notifications on your device, text, email, standard mail, or other forms of digital and non-digital communication, from time-to-time, special offers, news and/or other information relating to Valero generally and/or the App (“Communications”), unless you opt-out of receiving such Communications within the App or your device settings.
If you submit an e-mail address to us through the App, we may use your e-mail address to communicate with you electronically. E-mail is not secure, and you understand that there are risks associated with communicating via e-mail, including the possibility of unauthorized access, failure to receive e-mails because they have been misdirected or sent to a spam folder, and your inability to access e-mail due to power outages, hardware, or software malfunctions or failures of your computer or mobile device, or matters affecting the Internet or your access to the Internet. Do not rely on e-mail if you need to contact us immediately. For security reasons, we may not be able to respond to certain e-mail requests.
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE APP AND ANY LOSS OF DATA OR DAMAGE TO YOUR DEVICE IS AT YOUR SOLE RISK. ALL CONTENT PROVIDED ON THE APP IS PROVIDED “AS IS” AND VALERO DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE APP, YOUR DOWNLOADING THE APP TO YOUR DEVICE, YOUR CREATION OF A USER ACCOUNT WITHIN THE APP, AND/OR YOUR USE OF THE APP. VALERO DOES NOT PROMISE THAT YOUR ENJOYMENT AND USE OF THE APP WILL NOT BE INTERRUPTED OR INTERFERED WITH, OR THAT THE OPERATION OF THE APP WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VALERO BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VALERO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP. The operation of this provision may differ in jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages.
VALERO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR DEVICES OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE APP OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE APP. WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON THE APP WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES NOT OWNED OR AFFILIATED WITH US.
You understand that you are personally responsible for your use of the App and for all User Content provided through your User Account. You agree to indemnify, defend, and hold us, and each of our parents, subsidiaries, affiliates, officers, directors, employees, representatives, and agents (the “Indemnified Parties”) harmless from and against any loss, damage, liability, cost, or expense of any kind (including reasonable attorneys’ fees) that the Indemnified Parties may incur in connection with a third-party claim, or otherwise, in connection with your use of the App, User Content and/or your violation of these Terms and/or your infringement on the rights of any third party.
Valero is committed to ensuring that commercially reasonable security measures are deployed in the App to protect your User Content and your Account Information, and we have taken steps to help protect against the unauthorized access of your personally identifiable information under our control. Although we use administrative, technical, and physical security measures to protect your personal information, the Internet is a public network, and we cannot guarantee that any information transmitted or transactions conducted via the Internet is absolutely secure or that a third party will not be able to access or intercept such information. We suggest that you routinely scan your devices using a virus protection product as an undetected virus may negatively impact your use of the App.
To protect the security of your information, we may require you to authenticate your identity (i.e., prove that you are who you say you are) to conduct certain transactions via the App. If you believe that information that you have submitted through the App has been used without your permission, you must notify us immediately. If you fail to notify us, you may be liable for all unauthorized activity on your account.
You agree that these Terms will be governed by, construed, and enforced in accordance with the laws of the State of Texas, USA (unless otherwise expressly set forth to the contrary), as it is applied to agreements entered into and to be performed entirely within the State, and applicable federal law without regard to conflict of laws principles. Any action you bring to enforce these Terms or any matters related to the App shall be brought in either the State or Federal Courts located in Bexar County, Texas.
These Terms are the entire agreement between you and Valero. It supersedes and replaces any and all prior agreements between you and Valero relating to your use of the App. Valero’s failure to exercise or enforce any right under these Terms will not waive that right. If any provision of these Terms is void or unenforceable in whole or in part, the remaining provisions shall not be affected.