Terms of Service
Last Updated: 0.1.25.24
Please read these Terms of Service (the “Terms”) and our Privacy Notice (“Privacy Notice”) carefully because they govern your use of the website located at www.valentinaclientrep.com (the “Site”) offered by Valentina Client Representation, LLC (“Valentina Client Representation,” “us,” “we” or “our”). The Site is not directed to, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or which would subject Valentina Client Representation to any registration or licensing requirement within such jurisdiction.
1. Agreement to Terms. By using our Site, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Site.
2. Privacy Notice. Please review our Privacy Notice, which also governs your use of the Site, for information on how we collect, use and share your information.
3. Changes to these Terms or the Site. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site or may also send other communications. If you continue to use the Site after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Site anymore. We may make changes to or discontinue the Site at any time and without notice, at our sole discretion.
4. Who May Use the Site? You may use the Site only if you are 18 years or older and capable of forming a binding contract with Valentina Client Representation, and not otherwise barred from using the Site under applicable law.
5. Our Intellectual Property. We may make available through the Site content that is subject to intellectual property rights, including, but not limited to, text, graphics, data, photos, illustrations, and logos. We retain all rights to that content. Subject to these Terms, Valentina Client Representation grants you a non-exclusive, non-transferable, personal, limited right to access the Site.
6. General Prohibitions. You agree not to do any of the following:
(a) Use, display, mirror or frame the Site or any individual element within the Site, Valentina Client Representation’s name, any Valentina Client Representation trademark, logo, images or other proprietary information, or the layout and design of any page or form contained on a page, without Valentina Client Representation’s express written consent;
(b) Modify, reproduce, download, capture, publicly display, perform, distribute, use for any public purpose or create a derivative work of the Site or any individual element within the Site;
(c) Access, tamper with, or use non-public areas of the Site, Valentina Client Representation’s computer systems, or the technical delivery systems of Valentina Client Representation’s providers;
(d) Attempt to probe, scan or test the vulnerability of any Valentina Client Representation system or network or breach any security or authentication measures;
(e) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
(f) Impersonate or misrepresent your affiliation with any person or entity;
(g) Use the Site or any content therein to defame, intimidate, annoy or otherwise cause nuisance or breach the rights of any person; or
(h) Encourage or enable any other individual to do any of the foregoing.
7. User Submissions and Feedback.
(a) User Submissions Responsibilities. The Site may enable you to submit information, documents, images or data (“User Submissions”). In connection with User Submissions, as of the date you accepted this Agreement and throughout the term of this Agreement, you represent, warrant and agree that: (i) you have obtained such User Submissions lawfully; (ii) your submission of such User Submissions, and our use of such User Submissions as permitted under the Terms, do not and will not violate any applicable laws or any third party’s proprietary or intellectual property rights and (iii) you shall not provide any User Submissions that contains bank account information, credit or debit card information, personal information collected from children under 18 years of age without the parent’s consent, social security numbers, or health or medical information. You are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to User Submissions that you provide through the Site.
(b) License to User Submissions. Nothing in these Terms will restrict any claim of ownership you have in User Submissions other than Feedback (as defined below). By submitting User Submissions through the Site, you hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to Valentina Client Representation a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to all rights in your User Submissions (including without limitation the right to use, copy, modify, and create derivative works based upon your User Submissions) in connection with operating and providing the Site as permitted under this Agreement, contacting you, providing consultative services to you, or preparing proposals for such services. You acknowledge and agree that the Site may collect, analyze and use User Submissions, including data that has been anonymized, aggregated or derived from User Submissions, as well as data about your access and use of the Site, for the purpose of providing, operating, analyzing, and improving the Site.
(c) Feedback. If your User Submissions includes feedback to us regarding any aspect of the Site or the services we offer (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize us to use the Feedback without restriction and without payment to you. You hereby grant to Valentina Client Representation a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable and fully sublicensable right to use the Feedback in any manner and for any purpose.
8. Links to Third Party Websites or Resources. The Site may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
9. Warranty Disclaimers. THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Site content may include inaccuracies or typographical errors. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Site. If the Site provides professional information, such information is for informational purposes only and should not be construed as professional advice.
10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY), AND WHETHER OR NOT VALENTINA CLIENT REPRESENTATION OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, SHALL VALENTINA CLIENT REPRESENTATION BE LIABLE FOR (A) INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, OR COMPUTER DAMAGE OF ANY KIND, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100, FOR ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VALENTINA CLIENT REPRESENTATION AND YOU AND SHALL APPLY EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of New York, without regard to its conflict of laws provisions. The parties expressly consent to personal and exclusive jurisdiction in the state and federal courts located in the Kings County, and you and Valentina Client Representation each waive any objection to jurisdiction and venue in such courts.
12. General Terms.
(a) Reservation of Rights. Valentina Client Representation and its licensors exclusively own all right, title and interest in and to the Site, including all associated intellectual property rights. You acknowledge that the Site is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Valentina Client Representation and you regarding the Site, and these Terms supersede and replace all prior oral or written understandings or agreements between Valentina Client Representation and you regarding the Site. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Valentina Client Representation’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Valentina Client Representation may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(c) Notices. Any notices or other communications provided by Valentina Client Representation under these Terms will be given: (i) via email or (ii) by posting to the Site.
(d) Waiver of Rights. Valentina Client Representation’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Valentina Client Representation. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
13. Contact Information. If you have any questions about these Terms or the Site, please contact Valentina Client Representation at hello@valentinaclientrep.com.