Last Updated: December 1, 2018.
Products and Services
Via Energy Products and Services are designed to enhance your ability to reduce your dependence on traditional fuel resources and to provide you with a responsible and scientifically proven alternative for use in your personal life and within your business. The information contained within this website(s) is intended for general, educational and research purposes only. Via Energy does not guarantee any specific results from use of the Products and Services and makes no representations or warranties as to specific outcomes or results. Via Energy manufactures products and provides services in accordance with the Local, State and Federal Laws governing our operations wherever we are in operation. Reports on standard regulatory testing, conducted by a governmental agency or their assignees, may be available for public review by contacting the governing agency and making a formal request through their preferred methods. You may also request compliance and other related reports by written request, to Via Energy headquarters, and by stating your need for information in accordance with your specific rights to access otherwise protected information.
Use of Via Energy Products and Services, are at your own risk. Via Energy Products and Services should be used in conjunction with State and Federal Guidelines at all times. You may not use any Via Energy Product or Service in a way that they are not designed nor intended for general use. By purchasing and using Via Energy Products and Services, you understand that you are taking full responsibility for your actions. The materials on this website may not reflect the most current, legal industry standards, and this site is provided “as is” without warranty of any kind.
Use of Via Energy Products and Services are provided “as is”, and without warranties either expressed, written or implied. Via Energy disclaims all liability in respect to actions taken or not taken based on any or all the contents of this site. While Via Energy attempts to be as accurate as possible, our information should not be relied upon as being comprehensive or error-free. Some links within the site may lead to other sites, and Via Energy does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through this website. Where we provide a hyperlink to a third party’s website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to that on our website.
Products and Services may be delivered through any means currently available, including but not limited to various physical and electronic delivery methods. All Products and Services are for specified use in or in conjunction with all State and Federal Regulations. Protected Information that you gain as a direct result of your contractual agreement with Via Energy may not be sold, transmitted, stored in an automatic retrieval system, audio recorded, video recorded, shared, taught, given away, or otherwise divulged without the express written consent of Via Energy, or its designated agent.
If your full access to our website(s) or other data platforms requires a membership, you will be notified and issued a unique username and password, and it should only be used by one specified individual. You agree not to share login information, call-in numbers, passwords, and protected links with non-members. You agree not to share or disseminate any information that you exclusively receive through your association with Via Energy to any third party.
We are committed to providing all customers of Via Energy Products and Services with a positive experience. Therefore, Via Energy may, at its sole discretion, limit, suspend, or terminate your participation in any of its client programs, products or services without refund or forgiveness of remaining payments if: You become disruptive or difficult to work with, fail to follow the contract guidelines, or in any way impede the operation of Via Energy in its normal course of business operations.
Payment: Payments for products or Services are expected, in full, at the time of service unless specifically stated in the actual contract. Fees for Services may be pre-paid or by installment, if indicated within your contract. If payment arrangements are made, they are done so in consideration of the customer. In any case, you agree to pay the full amount agreed upon, at the time of purchase, and not to cancel this transaction with your bank or credit card company. Actual payment terms may vary depending upon the individual product, service or membership purchased.
Via Energy is not responsible for any overdraft charges, over limit fees, or non-sufficient fund fees by your bank or credit card company as a result of any Services purchased through Via Energy. If you make installment payments, missed payments may result in suspension or termination of Services. You will be assessed late fees based upon the governing laws of the State of Florida on the date your contract is signed. If after 30 days from the date of a missed payment, you have not made arrangements with Via Energy to make up the payment, your Services will be cancelled and no additional fees will be refunded.
Payment Terms: This Agreement will stay in force and effect until the end of the term indicated on your contract or until contracted payments have been made in full. Failure to pay required invoices or other related fees may result in Via Energy terminating the Agreement prior to the end of the term, and discontinuing your access to Services. Your continued use of the Via Energy website(s) or Services after your termination may extend the term of this Agreement and may cause you to incur additional fees.
We are happy to speak with you regarding any questions or concerns that you may have about Via Energy’s products or services. Please contact our customer service at: Customer Service @ Via. Energy
Medical Disclaimer: Via Energy, its employees and agents are not responsible for any physical or non-physical damages either real, perceived, imagined, or otherwise sustained as a result of the use of the Products or Services provided through the Via Energy Website(s) or use of physical products and services in accordance with stated guidelines. Clients must rely solely upon their own judgment to determine whether they are able to safely use any Via Energy Products or Services. Use of any Products and Services is at your own risk. All products must be used in accordance to state and federal regulations at all times.
Relationship: Nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other; (ii) deem the parties to be acting as partners, joint ventures, co-owners or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.
Modification: Via Energy may modify this Agreement from time to time and such modification shall be effective upon posting upon the Via.Energy Website(s). You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is important that you review this Agreement regularly to ensure you are updated as to any changes.
Assignment: You may not, without the prior written consent of Via Energy, assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a material default of this Agreement and shall be void. Via Energy’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by Via Energy, by providing you with 10 days advance notice.
Third Party Beneficiaries: This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
Governing Law: This Agreement shall be interpreted according to the laws of the State of Florida without regard to or application of choice-of-law rules or principles.
Waiver: No failure of either party to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches.
Severability: In the event any provision of this Agreement is held by a court of other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they begin negotiations for a suitable replacement provision.
Force Majeure: If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party’s reasonable control, including, without limitation, an act of God, fire, flood, natural disaster, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”) the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from the payment of any sums of money owed by you to Via Energy; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
Construction: This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof.
Remedies: Except as provided herein, the rights and remedies of Via Energy are set forth in this Agreement, are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.
Binding Effect: This Agreement shall be binding upon and shall inure to the benefit of the respective parties hereto, their respective successors-in-interest, legal representatives, heirs and assigns.
Damage Waiver: In no event shall either party be liable to the other party here under for any lost profits or other consequential, incidental, indirect, special or similar damages, even if such a party has been advised of the possibility of such damages. In no event shall either party be liable to the other for exemplary or punitive damages. Notwithstanding anything to the contrary contained herein, Via Energy’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to Via Energy for the products and services during the term of the agreement.
Use of Via Energy’s Name, Logo, Likeness or Intellectual Property: You shall not, in the course of performance of this Agreement, or thereafter, use Via Energy’s name, logo, likeness or intellectual property in any advertising or promotional media without full and written consent detailing the use of the same.
Intellectual Property: The materials provided as part of your Products and Services are copyrighted and may not be reproduced in any form, or by any means, physical electronic or otherwise, without the express written permission of Via Energy. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post or use the content of the materials for public or commercial purposes without the express written permission of Via Energy. The trademarks, logos and service marks (collectively the “Trademarks”) displayed on the materials are registered and unregistered Trademarks of Via Energy and other third parties that have authorized the use of such Trademarks on the Website(s) and within Via Energy’s materials. Nothing contained in the materials or on the Via.Energy website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website(s) without the written permission of Via Energy or the appropriate third party. Your use of the Trademarks displayed on the materials, on the website(s), or in any other content, except as provided in these terms and conditions, is strictly prohibited.
Third party content, linked through this site is subject to the individual trademarks and copyrights of the originating site. Their rights are not diminished nor denied as a result of the links contained herein. Via Energy makes every attempt to link to reliable third party information, though the determination of such reliability must be made by the end user of the information. Via Energy is not responsible for any factual misrepresentations on third party sites that are linked within this website.
Disputes: If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of Florida, United States of America without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Florida, Lee county. Either Via Energy or you may demand that any dispute between you and Via Energy about or involving the Products and /or Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Ft Myers, Lee County, Florida, United States of America. The foregoing shall not prevent Via Energy from seeking injunctive relief in a court of competent jurisdiction.
Indemnity: Your indemnity applies only to the following limited circumstances: claims arising out of this Agreement, your use of the Products and Services, a breach of this Agreement, any breach of your representations and warranties set forth above, and/or if any content that you post using the Services causes Via Energy to be liable to another. In these circumstances, you agree to indemnify and hold Via Energy, its subsidiaries and affiliates, and their officers, agents, attorneys and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by you or any third party.
Void-ability: The Products and Services are provided individually, for one time use, or as part of a contractual agreement. Failure to use any portion of the products or services as available and intended, including non-receipt of a shipment, will not void any part of this agreement nor entitle you to a refund in whole or in part.
Entire Agreement: This Agreement represents the entire understanding relating to the Services and prevails over any prior or contemporaneous, conflicting or additional communications. In order to participate in certain use of Products and Services, you may be notified that you may be required to agree to additional terms and conditions. You may receive a copy of this Agreement by contacting the Via Energy Customer Service Department.
Contact: If you would like to contact Via Energy through our customer service department, please call us at 239 244 2292, or email Customer Service @ Via. Energy, or write to us at Via Energy Attn: Guest Relations 7904 Interstate Ct, North Ft Myers, Fl 33917.