Welcome to Valunicorn! We hope you'll enjoy receiving our newsletter, updates, and any other offerings we come up with (the "Services"). There are some things we want you to be aware of, so please read on.
By using the Services, you're agreeing to be bound by these Terms of Use ("TOU") which also includes our Privacy Policy. If you don't wish to be bound by what we've written below, you shouldn't register with Valunicorn ("Valunicorn," "we" or "us") or use the Services we provide. We may change these terms at any time, but we will post a notice on this website as well as contact you at the email address provided in the case of any material changes. Your continued use of Valunicorn and its Services means that you accept any new or modified terms and conditions. So please check back here from time to time.
Valunicorn operates as a membership, subscription based newsletter, which requires registration from the user. Currently our Service is free, and so an email address is all that we require for the Service. In the future we may require more information, including payment information if we choose to charge for a membership. If any such change is going to occur - whether the introduction, increase, or reduction of fees - we will notify you before hand. You may cancel your membership at any time by unsubscribing from the newsletter. For any payment based Services you may cancel your subscription and will not be charged for any Services, information, or newsletters not yet provided.
You understand that no Content published on the Site or in the Newsletter constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. To the extent that any of the Content may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Site or in the Newsletter will not contain a list or description of relevant risk factors. The Site and its Newsletter are not intended to provide tax, legal, insurance or investment advice, and nothing on the Site or in the Newsletter should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Valunicorn or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
All of the Content on our website and any Service we provide is protected by U.S. and international copyright, trademark, patent and/or other intellectual property laws and is the property of Valunicorn, and/or providers of the content under license. Any unauthorized use of the Content or Services may violate such laws and these Terms of Service. By "Content" we mean any information, mode of expression, or other materials and services found on Valunicorn. This includes newsletters, blogs, ratings, software, our writings, graphics, videos, and any and all other features. You may make one copy of the Content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: "Copyright 2015 [or the current year] Valunicorn. All rights reserved." Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without Valunicorn's prior written permission. That means you may not sell, auction, transfer, barter, license, reverse engineer, or creative derivate works from your subscription or any individual publication. You also may not republish, post, transmit or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets or anywhere else without our consent. You further agree not to create abstracts from or scrape our Content for use on another website or service. In short, you may not post our Content anywhere else online. The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Valunicorn, or other third parties. You are not permitted to use the Marks without the prior written consent of Valunicorn or such third party that may own the Marks.
NEITHER VALUNICORN NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH VALUNICORN. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO VALUNICORN FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site; or (c) your violation of the rights of any third party. This defense and indemnification obligation will survive these TOU and your use of the Site.
You understand and agree that Valunicorn may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.
At Valunicorn we take your privacy seriously, and as such have an entire privacy policy detailing the handling of your information, what gets collected, when we'll share it (as rarely as possible), and other important things to know. You can read our Privacy Policy here.
The TOU, together with all Valunicorn policies referred to herein, constitutes the entire agreement between you and Valunicorn relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU, privacy policy and the relationship between you and Valunicorn are governed by and construed in accordance with the laws of the State of Colorado, without regard to its principles of conflict of laws. You and Valunicorn agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Boulder, Colorado, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.