Terms of Service
Welcome to Valur Finance! We are atechnology platform aiming to democratize access to the tax planning tools ofthe wealthy. By using Valur Finance, you acknowledge, first, that you haveread, agreed to be bound by, and are legally able to enter into a contract tobe bound by these Terms of Service, and, second, that you agree to be bound byall applicable laws and regulations. Please do not use this website if you donot agree with the Terms of Service. The materials contained in this websiteare protected by applicable copyright and trademark law.
1. Terms
Definitions. The followingmeanings shall apply in these Terms of Service: “Site” refers to any websitemade available by Valur Finance. “Services” refers to the Site and allservices, self-help documents, forms, and templates provided by Valur Finance.“Valur Finance, “we,” “us,” and “our” refer to Valur Finance (the owner andoperator of www.Valur Financefinance.com) and our affiliates (includingofficers, directors, employees, consultants, agents, and representatives.“You,” “your,” and “Customer” refer to each customer, visitor, or user of anyServices. Collectively, you and Valur Finance are the “Parties.” If you accessor use the Services on behalf of a company, organization, or other entity, then“you” and “your” also refer to that entity, you represent and warrant that youare an authorized representative of the entity with the authority to bind theentity to these Terms of Service, and you agree to these Terms of Service onthe entity’s behalf.
Modifications to Terms ofService. We may modify these Terms of Service from time to time. If we makea modification that materially affects your rights or obligations, we willeither post the modification on the Site or otherwise provide you with noticeof the modification. By continuing to access or use the Site or Services afterwe have posted a modification on the Site or have provided you with notice of amodification, you are indicating that you agree to be bound by the modifiedTerms. If at any time you find that these Terms of Service are unacceptable orif you do not agree to these Terms, please do not use the Services.
Additional Terms and Policies. Youruse of the Site, the Services, and any other Valur Finance offering may also besubject to additional terms or policies, including our Privacy Policy. We mayoffer Services that are subject to additional terms and policies specific tothose Services. By using such Services, you acknowledge that you have read andagreed to be bound by any such additional terms and policies in addition tothese Terms of Service.
2. Scope
These Terms of Service governsyour use of the Services provided by Valur Finance, including Valur Finance’sfacilitating the delivery of legal services to Customer by approved Attorneys,by providing software, technology support, and billing services. ValurFinance will send you an invoice for both Valur Finance’s Services and onbehalf of the Attorney(s) for legal work performed for you as described inthese Terms.
3. Not a LawFirm
Valur Finance is a software and services company. Valur Finance is not a law firm or a substitute for anattorney, it does not provide legal advice. While Valur Finance strivesto ensure that its services are complete, they are meant purely as self-helpeducation and documents, and they should not be confused with legal advice.Using the Services does not create an attorney-client relationship between youand Valur Finance. VALUR FINANCE DOES NOT OVERSEE, REVIEW, OR OTHERWISEINFLUENCE ANY ATTORNEY’S PROVISION OF LEGAL SERVICES; VALUR FINANCE’S SERVICESARE OFFERED ON A BEST EFFORT BASIS, BUT IF YOU HAVE QUESTIONS REGARDING LEGALMATTERS OR NEED LEGAL ADVICE, YOU ARE HEREBY ADVISED TO CONSULT YOUR ATTORNEYOR ANOTHER LICENSED ATTORNEY.
4. No Tax Advice
Valur Financedoes not provide taxadvice of any type or for any purpose. Any information regarding taxes in anycommunication from Valur Finance is intended only for general education and isnot to be construed or relied on as tax advice. Although Valur Finance does notprovide any tax advice, we do provide this disclosure to comply withrequirements imposed by the Internal Revenue Service under Circular 230:
We inform you that any U.S.federal tax advice contained in any communication from Valur Finance is notintended or written to be used, and cannot be used, for purposes of (a)avoiding penalties under the Internal Revenue Code or (b) promoting, marketing,or recommending to another person any matters addressed therein.
5. Customer-Attorney Relationship
Retention Agreement & Statement of Work. If you choose to enter into a relationship with anAttorney as part of your use of Valur Finance’s Services, that relationshipwill be governed by separate agreements covering the terms and conditions ofthe Attorney’s legal services, advice, and representation (the “RetentionAgreement” and “Statement of Work”). You shall have the right to communicatewith any prospective Attorney to confirm the Attorney’s qualifications andsuitability prior to retaining the Attorney. You, not Valur Finance, aresolely responsible for determining whether a prospective Attorney is suitablefor your needs, and you have sole discretion to accept or reject any proposedAttorney. You shall indicate acceptance of an Attorney by signing theseparate Retention Agreement.
Attorney Suitability. Youand the Attorney shall determine, in your sole judgment and independent of ValurFinance, whether Attorney’s representation of you violates any law, rule,regulation, or professional standard, including Attorney’s obligation to avoidconflicts of interest.
Conflicts. You agree thatit is not a conflict of interest for other attorneys affiliated with ValurFinance, but not affiliated with Attorneys or their firms, to provide legalservices, advice, and/or representation to persons other than you, even if suchwould constitute a conflict if such services were provided by Attorney or amember of Attorney’s firm. In addition, you agree that it is not aconflict of interest for Attorneys to represent you and to perform other workfor Valur Finance, including the provision of legal, strategic, policy,operations, or other advice, whether on a full-time, contract, or any otherbasis.
6. No Agency
Neither you nor Valur Financeis anagent of the other, and neither shall enter into any agreements on behalf ofthe other without prior written consent to do so.
7. Confidentiality
In performing the Services, ValurFinance may have access to Customer information not generally known to thepublic that Customer wishes to be kept confidential. (“ConfidentialInformation”). Valur Finance will make Confidential Information availableto its employees and associates only for the purpose of providingServices. Valur Finance agrees to take precautions to maintain theconfidentiality of Confidential Information using at least the same degree ofcare that Valur Finance uses for its own Confidential Information of a similarkind, but in no case less than commercially reasonable precautions. Confidential Information shall not include information that: (a) wasknown by Valur Finance prior to its receipt from Customer; (b) is or becomespublic knowledge without the fault of Valur Finance , (c) is rightfullyreceived by Valur Finance from a source other than a Party to these Terms, or(d) Valur Finance is required to disclose in response to a subpoena or courtorder, provided that Valur Finance provides advance notice of the disclosure toCustomer. Valur Finance’s obligations with respect to ConfidentialInformation will continue for three years from the date of termination of theseTerms. If Attorney determines that certain Confidential Information is,or may be, protected by the attorney-client or other privilege and provideValue written notice, Valur Finance’s obligations shall remain in place as longas the privilege may exist.
8. Ownership and Intellectual Property Rights
All materials, including text,images, videos, illustrations, designs, icons, photographs, software, programsand written and other materials that are part of the Services, other thancontent created by Customer (collectively, “Valur Finance Content”), is theproperty of Valur Finance or its licensors. Valur Finance Content is intendedsolely for personal, non-commercial use. No right, title or interest in any ValurFinance Content is transferred to you by way of these Terms or otherwise. Youmay not reproduce (except as noted above), publish, transmit, distribute,display, modify, create derivative works from, sell or participate in any saleof or exploit in any way, in whole or in part, any of the Valur FinanceContent. Valur Finance and the Valur Finance Logo are trademarks of ValurFinance, Inc.
9. Payment
Agreement. You agree to payus in accordance with our terms of sale. Certain aspects of the Services may beprovided for a fee or other charge. If you elect to use paid aspects of theService, you agree to the terms of sale, pricing, payment, billing policies,and refund policies applicable to such fees and charges.
Rates. Unless otherwiseagreed in a writing signed by both parties, Customer shall pay Valur Financethe per document, per service, per page, and/or hourly rates described inExhibit A with respect to a particular Attorney or project. Valur Financemay increase these rates by up to 5% per year beginning on the firstanniversary of the Effective Date of these Terms. Valur Finance maycalculate the rates for any subsequent year as if the full 5% increase had beenimplemented during each previous eligible year, regardless of whether suchincrease was actually implemented.
Invoicing. Valur Financewill invoice Customer at its discretion, but no more frequently than monthly,for Services provided under these Terms of Service and for the Attorney’s workduring the preceding period. Customer shall pay Valur Finance within 30days of the date of Valur Finance’s invoice.
10. Change of Services
We retain the right to change orstop providing Services and features. We may, without prior notice, change theServices; stop providing the Services or features of the Services; or createusage limits for the Services. We may permanently or temporarily terminate orsuspend your access to the Services without notice and liability for anyreason, including if in our sole determination you violate any provision ofthese Terms of Service, or for no reason. Upon termination for any reason or noreason, you continue to be bound by these Terms of Service. Any data, accounthistory and account content resident on the servers running the Services may bedeleted, altered, moved, or transferred at any time for any reason at ValurFinance’s sole discretion, with or without notice and with no liability of anykind. Valur Finance does not provide or guarantee, and expressly disclaims, anyvalue, cash or otherwise, attributed to any data residing on the serversrunning the Services.
11. Risk and Consent
You provide us your data at yourown risk and consent to have it processed in the United States. We care aboutthe privacy of our Customers. You can view our Privacy Policy at www.ValurFinance.io/privacy. You consent to have your personal data collected, used,transferred to and processed in the United States. We have implementedcommercially reasonable technical and organizational measures designed tosecure your personal information from accidental loss and from unauthorizedaccess, use, alteration or disclosure. However, we cannot guarantee thatunauthorized third parties will never be able to defeat those measures or useyour personal information for improper purposes. You agree that you provideyour personal information and other data provided to Valur Finance at your ownrisk.
12. DISCLAIMER OF WARRANTY
THE SERVICES ARE PROVIDED BY VALURFINANCE ON AN “AS IS” AND “AS AVAILABLE” BASIS. VALUR FINANCE MAKES NOREPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THESERVICES OR INFORMATION, CONTENT, OR MATERIALS OFFERED THROUGH THE SERVICES. TOTHE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VALUR FINANCE DISCLAIMS ALLWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIEDWARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULARPURPOSE. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THISDISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND YOU ACKNOWLEDGETHAT VALUR FINANCE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITH YOU WITHOUTYOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER.
13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDERNO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OROTHERWISE, SHALL VALUR FINANCE, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES,DIRECTORS, OFFICERS, OR AGENTS BE LIABLE TO CUSTOMER OR TO ANY OTHER PERSON FORANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANYNATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THESERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OFGOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE ORMALFUNCTION, EVEN IF VALUR FINANCE, ITS AFFILIATES, OR THEIR RESPECTIVEEMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVEKNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL VALURFINANCE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY CUSTOMER INCONNECTION WITH CUSTOMER’S USE OF THE SERVICES DURING THE SIX MONTH PERIODPRECEDING THE DATE ON WHICH THE CLAIM AROSE.
CERTAIN JURISDICTIONS DO NOT ALLOWLIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAINDAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONALRIGHTS.
14. INDEMNIFICATION
You agree to defend, indemnify andhold harmless Valur Finance, its affiliates, and their respective directors,officers and employees from and against any and all claims, damages, costs andexpenses, including attorneys’ fees, arising from or related to your breach ofthis Agreement, your improper use of the Services, or your breach of anyapplicable law or infringement of the rights of a third party. Valur Financeshall have the right to participate in the defense of any such claim, at itsown cost. You may not settle or negotiate any claim that results in liabilityto, or imposes any obligation upon, Valur Finance, financial or otherwise,without the written consent of Valur Finance.
15. DISPUTERESOLUTION.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Arbitration Agreement. Youagree that any dispute between you and Valur Finance arising out of or relatingto this Agreement or the Services, or any other Valur Finance products orservices (collectively, “Disputes”) will be governed by the arbitrationprocedure outlined below.
Governing Law. ThisAgreement and the resolution of any Disputes shall be governed by and construedin accordance with the laws of the State of Nevada without regard to itsconflict of laws principles.
Informal Dispute Resolution. Wewant to address your concerns without needing a formal legal case. Beforefiling a claim against Valur Finance, you agree to try to resolve the Disputeinformally by contacting us at support@Valur Finance.io. We'll try to resolvethe Dispute informally by contacting you through email. If a dispute is notresolved within 15 days after submission, you or Valur Finance may bring aformal proceeding.
We Both Agree To Arbitrate. Youand Valur Finance agree to resolve any Disputes through final and bindingarbitration, except as set forth under Exceptions to Agreement to Arbitratebelow.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting ushere within 30 days of first accepting this Agreement and stating that you(include your first and last name) decline this arbitration agreement.
Arbitration Procedures. TheAmerican Arbitration Association (AAA) will administer the arbitration underits Commercial Arbitration Rules and the Supplementary Procedures for ConsumerRelated Disputes. The arbitration will be held in the United States countywhere you live or work, Delaware, or any other location we agree to.
Arbitration Fees. The AAArules will govern payment of all arbitration fees. Valur Finance will pay allarbitration fees for claims less than $75,000. Valur Finance will not seek itsattorneys' fees and costs in arbitration unless the arbitrator determines thatyour claim is frivolous.
Exceptions to Agreement to Arbitrate. Without first engaging in arbitration or the informal disputeresolution process described above, either you or Valur Finance (1) may assertclaims, if they qualify, in small claims court in Delaware, or any UnitedStates county where you live or work and seek an amount up to thejurisdictional limit for individuals in such small claims court(notwithstanding any limitation on such damages set forth herein), or (2) maybring a lawsuit solely for injunctive relief (including, in the case of ValurFinance, to stop unauthorized use or abuse of Valur Finance products or the ValurFinance Service), or for infringement or material breach of intellectualproperty rights (for example, trademark, trade secret, copyright, or patentrights).
No Class Actions. You mayonly resolve Disputes with Valur Finance on an individual basis, and may notbring a claim as a plaintiff or a class member in a class, consolidated, orrepresentative action. Class arbitrations, class actions, private attorneygeneral actions, and consolidation with other arbitrations aren't allowed underour agreement.
Judicial Forum for Disputes. Inthe event that the agreement to arbitrate is found not to apply to you or yourclaim, you and Valur Finance agree that any judicial proceeding (other thansmall claims actions) will be brought in the federal or state courts of theState of Delaware. Both you and Valur Finance consent to venue and personaljurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims. Regardlessof any statute or law to the contrary, any claim or cause of action arising outof or related to your use of Valur Finance products or the Valur FinanceService must be filed within one year after such claim or cause of actionarose, or else that claim or cause of action will be barred forever.
16. Severability
If any provision of this Agreementis held to be unlawful, void, or for any reason unenforceable duringarbitration or by a court of competent jurisdiction, then that provision willbe deemed severable from the Agreement and will not affect the validity andenforceability of any remaining provisions. Valur Finance’s failure to insistupon or enforce strict performance of any provision of this Agreement will notbe construed as a waiver of any provision or right. No waiver of any of thisAgreement will be deemed a further or continuing waiver of such term or conditionor any other term or condition.
17. Entire Agreement
This Agreement contains the entireagreement between the Parties. It is binding upon the respective assignsand successors of Customer and Valur Finance and may not be modified or amendedexcept in a signed writing. This Agreement incorporates and includes anyExhibits and attachments, as appropriate.
