TERMS & CONDITIONS

Subscriber (“Subscriber) agrees to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to the website (“Site”) of Valeo Partners LLC (“Valeo” or “Valeo Partners”).  

 

Valeo reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is the Subscriber’s responsibility to check these Terms of Use on the Site periodically for changes. Subscriber’s continued use of the Site following the posting of changes will mean that Subscriber accepts and agrees to the changes as of the date the changes were posted. This Agreement, and any changes, modifications, additions, or deletions in accordance with this Paragraph 1 shall constitute the complete and only agreement between Valeo Partners and Subscriber, and shall supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. 

 

Valeo retains all ownership rights, title and interest in the Site. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. 

The copying, redistribution, use or publication by Subscriber of any such matters or any part of the Site, except as allowed by Paragraph 4 below, is strictly prohibited. Subscriber does not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. 

Some of the content on or architecture of the site is the copyrighted work of third parties.

 

Valeo Partners is the trademark of Valeo Partners LLC, a corporation registered in the District of Columbia. Other product and company names mentioned on the Site may be trademarks of their respective owners.

 

Subscriber is granted a non-exclusive, non-transferable, revocable li- cense (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal purposes; and (c) to print out or download discrete information from the Site solely for internal purposes and provided that Subscriber maintains all copyright and other policies contained therein.  Excel Downloads from the site are limited and depend upon the type of account. Once the maximum excel download amount has been met, Subscriber may obtain additional excel downloads for the same price as their annual subscription price currently in effect.  

 

Subscriber may rely on downloaded information for submission in court cases but only if the following two conditions are met before the submission: (i) Subscriber shall notify Valeo (cchandler@valeopartners.com) when downloaded information from Valeo is submitted into court, for any reason, and provide Valeo with Court Case Name, Case Number and Court; and ii) Subscriber shall include the Cover Sheet provided (last page of this document and on the Site, Terms of Use Section) in the submission to the court.  An additional court submission fee will be assessed to the Subscriber for each submission using Valeo data and / or any content from the site or any other Valeo source including but not limited to emails, webinars, speakerships, marketing collateral, media citations and court citations. The fee is $495 per submission and does not include any work performed by Valeo Partners; those fees are under separate engagement.

 

To the extent Subscriber requests Valeo to perform work such as litigation support, rate analysis, consultation with client, preparation of documents including declarations, or any other additional work, such work will be billed on an hourly basis.

 

To the extent Subscriber requests access to the Site, on an interim, temporary or one-time basis, the price access is $12,995.

 

Use of the Valeo Site is at the permission of Valeo and can be revoked by Valeo at any time.  If Subscriber’s license is revoked prior to expiration of their subscription, then Valeo will provide a pro-rate refund less any outstanding amounts owed to Valeo by Subscriber.

 

Subscriber’s license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use:  Except for the purposes permitted by Paragraph 4 above, Subscriber may not (a) copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Valeo Partners or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; or (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; or (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

 

Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance, and no attorney-client relationship is formed. Valeo does not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Subscriber’s use of information on the Site or materials linked to the Site is entirely at Subscriber’s own risk. Valeo is not a law firm and the Site is not a lawyer referral service.

 

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for in- clusion on the Site is accurate and complies with applicable laws. Valeo is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

 

In order to use the Site, Subscriber is required to register. Upon registration, Subscriber agrees to provide Valeo with accurate, complete registration information. Subscriber’s registration must be done using Subscriber’s real name and accurate information. Subject to the internal distribution rights provided in paragraph 4, above, each registration is for Subscriber’s use only and not on behalf of any other person or entity. Except for the specific authorized Subscriber, no  other person or outside entity may use the registered sections under Subscriber’s name. Subscriber is responsible for preventing  unauthorized use connected with Subscriber’s registration.

 

Valeo does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Valeo does not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. Valeo Partners may make changes to the features, functionality or content of the Site at any time. Valeo reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.

 

The case name, case number, court of jurisdiction, filing date, compensation date ranges, attorney name, firm name, hourly rate, hours billed and total billing information in the Valeo Attorney Hourly Rate Database are pulled from public filings in public courts.

 

Third party content – including but not limited to information from state bar, law firm, legal media and attorney biographical websites – may appear on the Site.

 

Valeo is not responsible for and assumes no liability for any mistakes, misstatements, omissions or any other form of content on the Site.

 

Valeo reserves the right to investigate complaints or reported violations of this Agreement and to take any action it deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Subscriber’s profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

Subscriber agrees to indemnify, defend and hold Valeo Partners and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to Subscriber’s violation of this Agreement or use of the Site. Valeo agrees to give prompt written notice of any claim, demand, or action for which indemnity is sought to Subscriber at which point Subscriber shall immediately assume defense of the claim, demand or action.  

 

Subscriber’s right to use the Site is not transferable or assignable. Any password or right given to Subscriber to obtain information or documents is not transferable or assignable.

 

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. VALEO AND AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR SUBSCRIBER’S USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 16(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, VALEO AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VALEO AND SUBSCRIBER. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM VALEO THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

 

(a) Valeo and any Affiliated Party shall not be liable for any loss, in- jury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or any services or products obtainable there from, (ii) the unavailability or interruption of the Site or any features thereof, (iii) Subscriber’s use of the Site, (iv) the con- tent contained on the Site, or (v) any delay or failure in performance beyond the control of a Covered Party.

 

(b) THE AGGREGATE LIABILITY OF VALEO AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH SUBSCRIBER MAY HAVE AGAINST VALEO AND ANY AFFILIATED PARTY.

 

Valeo reserves the right, and Subscriber authorizes Valeo, to the use and assignment of all information regarding Site uses by Subscriber and all information provided by Subscriber in any manner consistent with Valeo’s Privacy Policy. 

 

All remarks, suggestions, ideas, graphics, or other information communicated by Subscriber to Valeo (collectively, a “Submission”) will forever be Valeo’s property. Valeo will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. 

 

Without limitation, Valeo will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Valeo will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to Subscriber or any other person sending the Submission. Subscriber acknowledges that Subscriber is responsible for whatever material Subscriber submits, and Subscriber, not Valeo, has full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

Subscriber represents and warrants that if Subscriber is purchasing something from Valeo that (i) any credit information Subscriber supplies is true and complete, (ii) charges incurred by Subscriber will be honored by Subscriber’s credit card company; (iii) Subscriber will pay the charges incurred by Subscriber at the posted prices, including any applicable taxes; and (iv) Valeo has a no refund policy meaning that Subscriber shall not be entitled to a refund upon completion of the payment transaction.

 

The Site may include and Valeo may issue statements concerning Valeo’s operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. 

 

These statements are based upon a number of assumptions and estimates, which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

 

The Site contains information and press releases about Valeo. Valeo disclaims any duty or obligation to update this information or any press releases. Information about companies other than ours con- tained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

 

Subscriber agrees to comply with all applicable domestic and interna- tional laws, statutes, ordinances and regulations regarding Sub- scriber’s use of the Site and the Content and Materials provided therein.

 

This Agreement shall be treated as though it were executed and performed in Washington, DC, and shall be governed by and construed in accordance with the laws of the District of Columbia (without regard to conflict of law principles). Subscriber hereby and irrevocably consents to personal jurisdiction over Subscriber by any court in the District of Columbia for any matter arising out of or relating in any way to this Agreement.  Any cause of action by Subscriber with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or it is forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement, including but not limited to the limitations set forth in Paragraphs 15 and 16. In the event of a breach of this Agreement by Subscriber, in addition to any and all other remedies to which Valeo may be entitled, Valeo shall be entitled to recover from Subscriber Valeo’s reasonable attorneys’ fees, expert witness fees, costs, and all other expenses relating to the matter.  The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and Subscriber’s information may be automatically assigned by Valeo in its sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Valeo’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such pro- vision nor of the right to enforce such provision. Valeo’s rights under this Agreement shall survive any termination of this Agreement.