Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Last Updated: July 1, 2016

VALORWINGS - TERMS OF SERVICE

The following terms and conditions (the "agreement") form a binding agreement between you and Valorwings, Inc. which may sometimes be referred to as “Valorwings” “valorwings.com”, “our”, “we,” or "us”. Please take a minute to read the terms and conditions. By using the site or any of Valorwings' services, you are agreeing to these terms, along with our privacy policy published at (http://www.valorwings.com/privacy_policy) and incorporated here by reference, and all of these terms will govern your use of the site and our services.

If you accept these terms, you represent that you have the capacity to be bound by them. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

SERVICES OFFERED TO HOSTS AND TO HOST’S GUESTS (VALORWINGS WILL CONTINUE TO EXPAND SERVICES OFFERED; THEREFORE THE LIST BELOW IS NOT ALL-INCLUSIVE)

  • Dashboard:
    • Where hosts set preferences, listing terms and to monitor and manage their listing.
  • Key Delivery:
    • We will coordinate to pick up your keys and drop them off to your guest.
  • Guest Arrival:
    • We will meet your guest at your place, or nearby and give them access to your place and get them settled in (this service is best optimized when Valorwings has a copy of your home key so we can arrange for this service without the host’s intervention).
  • Valorwings Standard Service:
    • We will do a light cleaning of your place (wipe down toilets, counter tops, bathroom mirrors, quick vacuum/sweep of floors, empty trash, unload the dishwasher, change out used bed sheets with new sheets made available by host) in addition to the guest arrival service.
  • Valorwings Deluxe Service:
    • We will do a deep cleaning of your place (thoroughly clean toilets, bathtub/shower, all counter tops, bathroom mirrors, deep vacuum/sweep of floors, empty trash, unload the dishwasher, change out used bed sheets with new sheets made available by host) in addition to the guest arrival service.
  • Laundry Service:
    • We will launder your sheets, towels, etc. and deliver them the next day.
  • Concierge Services:
    • Running low on toiletries, paper towels, etc.? No problem, we can stockpile your place with needed supplies.
    • Do you have a special guest coming and want us to pick up a bottle of wine for your guest(s)? No problem, we can do that.
    • Other errands you’d like us to run? Just let us know and we will do everything we can do make it happen.
  • WiFi Support:
    • Is your wifi down? Our technical support team will call your service provider and work to rectify the situation.
  • 24 Hour Host and Guest Support:
    • We will respond to guest inquiries.
  • Concierge and Ticketing Services:
    • Provided by our partner, Acehopper, the "front desk concierge" for the Airbnb community.

COMPLYING WITH THESE TERMS

By accepting these terms, you understand and agree to the following:

  • Valorwings is not a real estate broker, agent, insurer, booking agent or hosting platform nor is it an owner or provider of accommodations, transportation, travel services or other services provided by third parties through the site or service.
  • Valorwings is not a party to any agreement between a third party platform and a host or guest or any agreement between a host and a guest.
  • Valorwings does not and cannot control the content contained in any listing or the condition, legality or suitability of any accommodations.
  • Valorwings is not responsible for the compliance with any laws by you or any third party platform.
  • Valorwings has no control over the conduct of hosts, guests and other uses of the services or any accommodations; Valorwings is not responsible for and disclaims any and all liability related to any and all listings and accommodations to the maximum extent permitted by law. Bookings between hosts and guests will be made at the host's and guest's own risk and per the term of the platform used to conduct the transaction.
  • The host and guest services agreement may be updated from time to time at our discretion and changes will be effective upon posting them.

ELIGIBILITY

The services and content are intended solely for persons who are legally authorized to request such service. By accessing or using the site or services you represent and warrant that you are legally authorized to request such service.

TERM AND TERMINATION

This agreement is effective from the first date you use the site and services. On receipt of an email by you to us cancelling your registration then we will terminate your registration within 30 days. Valorwings may terminate or revise these terms at any time with or without notice. The provisions and all obligations of and restrictions on you and any user with respect to the services shall survive any termination of these terms.

You agree that Valorwings, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of the service, for any reason, including for lack of use or if Valorwings believes that you have violated or acted inconsistently with the spirit of these terms. Valorwings may, also, in its sole and absolute discretion, and at any time, discontinue providing the services, or any part thereof, with or without notice. You agree that any termination of your access to the services under any provision of these terms may be effected without prior notice, and you acknowledge and agree that Valorwings may immediately deactivate or delete your account and all related information and files in your account and prohibit any further access to all files or the services by you; however, we do not guarantee that any information posted by you will be deleted from the site. Further, you agree that Valorwings shall not be liable to you or any third party for any termination of your access to the services.

GOVERNING LAW AND COMPLIANCE WITH LAW

These terms shall be governed by and construed in accordance with the laws of the State of Illinois, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Your use of the services may also be subject to other local, state, national and international laws. For example, some jurisdictions have laws that prohibit or restrict short-term rental of residential dwellings, including single family residences, condominiums and apartments. In certain jurisdictions, hosts may have to meet certain qualifications, register or obtain a permit or license before listing or renting a residential dwelling. Hosts may also be subject to copyrights, bylaws and other agreements that apply to single family residences in some neighborhoods, condominiums and apartment buildings. You may be liable for civil and criminal penalties for the violations of these laws and regulations. You are encouraged to review local, state and federal laws and regulations applicable to you and consult with an attorney prior to listing an accommodation on a third party platform or using the services. For more information, please refer to our frequently asked questions, which can be found here.

DISPUTE RESOLUTION

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) (“disputes”) between you and Valorwings or their successors or assigns shall exclusively be settled through binding and confidential arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Valorwings are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Valorwings otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “dispute resolution” section will be deemed void. Except as provided in the preceding sentence, this “dispute resolution” section will survive any termination of these terms.

The arbitration will be administered by the american arbitration association (“aaa”) in accordance with the commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (the “aaa rules”) then in effect, except as modified by this “dispute resolution” section. The federal arbitration act will govern the interpretation and enforcement of this section and not any state arbitration law.

Notwithstanding anything to the contrary herein, if Valorwings changes this “dispute resolution” section after the date you first accepted these terms (or accepted any subsequent changes to these terms), you may reject any such change by sending us written notice (including by email to support@valorwings.com) within 30 days of the date such change became effective, as indicated in the “last modified” date above. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Valorwings in accordance with the provisions of this “dispute resolution” section as of the date you first accepted these terms (or accepted any subsequent changes to these terms).

General

Waiver. If you breach these terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

Severability. If any of the provisions, or portions thereof, of these terms are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, these terms shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

Assignment. These terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by user, but may be freely transferred, assigned, or delegated by Valorwings.

Contact

If you have any questions about these terms, please contact Valorwings at hero@valorwings.com.

HOST ACKNOWLEDGEMENT

Host acknowledges and agrees that Valorwings may provide the services through one or more third party vendors in its sole discretion. Valorwings agrees to provide the services is timely and professional manner in accordance with this agreement, but Valorwings makes no warranties of any kind, express or implied, with respect to the services to be provided hereunder. This agreement is subject to the limitations of liability set forth in the terms.

You acknowledge and agree that you are responsible for any and all listings. Valorwings assumes no responsibility for a host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.

Some jurisdictions have laws that prohibit or restrict short-term rental of residential dwellings, including single family residences, condominiums and apartments. In certain jurisdictions, hosts may have to meet certain qualifications, register or obtain a permit or license before listing or renting a residential dwelling. Hosts may also be subject to cc&rs, bylaws and other agreements that apply to single family residences in some neighborhoods, condominiums and apartment buildings. You may be liable for civil and criminal penalties for the violations of these laws and regulations. You are encouraged to review local, state and federal laws and regulations applicable to you and consult with an attorney prior to listing an accommodation on a third party platform or using the services. For more information, please refer to our frequently asked questions, which can be found here.

DUTIES OF CLIENT

In connection with the services, you agree that you will do the following:
  1. Compliance with law. You are solely responsible for compliance with all applicable laws and regulations.
  2. Compliance with agreements. You agree that you will not breach any agreements you have entered into with any third parties, such as third party platforms, homeowners association, condominium, lease or rental agreements.
  3. Third party platform.You will use a third party platform for listings of your accommodations.
  4. Information in listings. The information you provide to us and use in listings on third party platforms will be true and accurate in all respects. You agree that you will be responsible for establishing and maintaining your listing, including without limitation, selecting the price, updating factual information and providing any required legal disclosure, whether or not any information or pricing was recommended or required by Valorwings. While you have the ultimate control of your listing, you understand that Valorwings may request that a host revise a listing in accordance with this agreement. If a host refuses to revise a listing per the request of Valorwings, Valorwings may immediately terminate this agreement and your registration on the site. Under no circumstances will Valorwings have any responsibility for any misstatement, error or omission in any listing, whether or not Valorwings suggested or required such information in a listing.
  5. Eviction. Valorwings will not be responsible for evicting guests. If any guest stays beyond the period agreed upon between the host and the guest, host will have the sole responsibility with regards to evicting the guest and any expenses, losses, or damages associated with the guest’s stay beyond the contracted period or any eviction process.
  6. Insurance. Host agrees to carry at his/her own expense property and liability insurance. Host may be required to obtain and maintain additional insurance in compliance with applicable laws and regulations or under other agreements.
  7. Taxes. Host will be solely responsible for preparing and paying guest’s own income tax return. Valorwings is not responsible for advising host with respect to taxes owed with regards to the accommodation or any transactions contemplated by or facilitated by this agreement.
  8. Routine maintenance. You are responsible for routine maintenance to the accommodation. Valorwings will have no obligation to notify host of, or provide any routine maintenance. Host may request that Valorwings complete any routine maintenance subject to a separate agreement between the parties regarding the maintenance to be performed and the compensation to be paid in connection therewith. If Valorwings notifies host of maintenance that needs to be performed, host agrees that it will timely complete such routine maintenance at its sole cost.
  9. Emergency maintenance. If Valorwings believes that emergency maintenance is required to protect or preserve the accommodation from damage or to maintain services to a guest, Valorwings may, as soon as practicable, arrange for such maintenance to be performed. Any costs incurred by Valorwings in connection with providing emergency maintenance will be reimbursed by the host. Valorwings will attempt to communicate with host regarding the need for emergency maintenance and steps being taken, but in no case will host be relieved of liabilities incurred pursuant to the performance of emergency maintenance.


HOST’S REPRESENTATIONS AND WARRANTIES

In addition to the other representations and warranties set forth in this agreement and in the terms, host represents and warrants that:
  1. Host is a legal owner or authorized tenant of the accommodation and has full authority to enter into this agreement and to use Valorwings for the host services under the terms of this agreement.
  2. If host is an authorized tenant, there are no written or oral restrictions on further leasing or subletting the accommodation that would interfere with the listing of the accommodation on a third party platform or otherwise temporarily leasing the accommodation to guests, or any other actions contemplated by this agreement.
  3. To the best of the host’s knowledge the accommodation, its construction and operation do not violate any applicable statues, laws, ordinances, rules, regulations, orders, or the like including, but not limited to, those relating to hazardous or toxic substances.
  4. To the best of the host’s knowledge the building does not contain any toxic substances such as, but not limited to: lead based paint, asbestos, urea, formaldehyde, radon, or other hazardous substances and that no unsafe condition exists except as disclosed in writing at the time of this agreement.
  5. Host has disclosed the existence of any default of foreclosure notices affecting the property as of the date of this agreement and further agrees to disclose any such notices received hereafter, within five days of the receipt of any such notices.
  6. Guest hereby acknowledges that Valorwings is not a real estate broker, agent, or insurer. Valorwings has no control over the conduct of guests, and disclaims all liability in this regard.


SAFETY AND CONDUCT

  1. You have primary responsibility for your own safety and for the safety of anyone that you allow on to the accommodation during your stay. You must read any fire or health & safety guidance which is provided to you and listen to any instructions or explanations which are provided. It is your responsibility to bring any concerns regarding the accommodation to the attention of the Valorwings and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.
  2. If you become aware of anything during your stay which you believe is a health & safety risk,you must inform Valorwings immediately. Your host and Valorwings will have access to the accommodation at all times during your stay to address any such issues.
  3. You must comply with the terms, this agreement and you must also comply with any building regulations and house rules and any reasonable directions of the host or Valorwings.
  4. You may not allow any person other than the person named in the booking summary to occupy the accommodation at any time, except such number of additional guests as may be specified in the booking summary. This agreement is personal to you and may not be transferred to any other person. The host will not allow any person other than the persons named in the booking summary to access or occupy the accommodation.
  5. The booking summary may specify the maximum permitted number of guests who are authorized to stay in the accommodation. If you allow more than the maximum number of people to occupy or stay in the accommodation, you will be liable to pay a supplement of up to 100% of your effective daily rate in respect of each unauthorized guest and the booking may be terminated immediately.
  6. In addition to complying with the terms, this agreement and the house rules and all reasonable directions you also agree that you will:
    1. Keep the accommodation clean, tidy and clear of trash and leave the accommodation in the same condition as you find it;
    2. Not keep or take any pets or animals into the accommodation (unless otherwise agreed with us and specified as pet-friendly in the booking summary);
    3. Not do anything that will or might constitute a breach of any consents in relation to the accommodation or which will or might be in breach (in whole or in part) of any insurance in effect with respect of the accommodation from time to time;
    4. If the accommodation is part of a building or complex with common areas, not obstruct or leave any objects or waste in any common areas;
    5. Not leave any obstruction outside of the accommodation;
    6. Not do or permit to be done on the accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the host or to tenants or occupiers of the building or any owner or occupier of neighboring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the accommodation or moving furniture;
    7. Not conduct any illegal activity from the accommodation;
    8. Not conduct any business or commercial activity whatsoever from the accommodation;
    9. Not make any alteration or addition whatsoever to the accommodation or its contents;
    10. Not use the accommodation for any purpose other than for personal accommodation; and
    11. Not invade the privacy of the host or publish or reveal anything which might allow a third party to identify the address of the property or the identity of the host or any personal information regarding the host or the accommodation (even if such information is already in the public domain).
  7. You acknowledge that the accommodation is a home and you agree not to access any cupboard or drawers which have been sealed with tamper tape. You may be subject to a charge for any breach of any tamper tape.
  8. You hereby indemnify the host and Valorwings in respect of any and all costs, claims, damages, liabilities, and expenses, including, without limitation, reasonable attorneys’ fees and costs) suffered or incurred by the host or any of the foregoing parties arising out of or relating to a breach by you of this agreement, including, without limitation this paragraph. In the event of breach, your membership in Valorwings may be terminated in accordance with the terms and this agreement.


PROVISIONAL USE OF OUR SERVICES AND SITE

Your consent to use Valorwings.com is conditioned upon your agreement that you:

Will comply completely with these terms of service; aware and acknowledge the service you purchase on this site are processed by Valorwings.com; are aware and acknowledge that by purchasing the service on this website you agree that you are entering into a binding agreement with Valorwings.com, which includes without limitation your strict compliance with terms and conditions as set forth here and below; are aware and acknowledge that by bidding and purchasing service, you are deemed to have provided your digital signature on an agreement with Valorwings.com the applicable terms of which are set forth here and below; are aware and acknowledge that any disputes related to and arising from your transaction with Valorwings.com shall be governed by the laws of Illinois; are aware that all sales through Valorwings.com are final; are aware that service purchases are non-refundable; are aware that once Valorwings.com processes your order, it cannot be cancelled. Before making your purchase, we ask you to confirm the services needed and check-in/check-out dates of guests; are aware and acknowledge that except as provided below under “refunds” Valorwings.com will not issue refunds or exchanges due to inclement weather, natural disasters, family or medical emergencies, unexpected travel delays, or any other circumstance beyond Valorwings' control, or otherwise unrelated to your purchase from Valorwings.com; will not copy or distribute any part of Valorwings.com in any medium without Valorwings' prior written consent; will provide accurate information when creating an account or registering for our services; are solely responsible for your user ID and the activity that occurs while signed into or while using Valorwings.com using your user ID; will not use Valorwings.com to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes; will not use the communication systems provided by or contacts made on Valorwings.com for any commercial solicitation purposes; will not perform or endorse any illegal activities while using the site or services; will not upload or transmit any form of virus, worm, trojan horse, or other malicious code; upload, distribute or print anything that is illegal; will not attempt to reverse engineer or jeopardize the correct functioning of the site or services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the site; will not attempt to gain access to secured portions of the site or services to which you do not possess access rights; use the site or services to generate unsolicited email advertisements or spam; will not upload or transmit any form of virus, worm, trojan horse, or other malicious code; will not use any automatic or manual process to search or harvest information from the site or services, or to interfere in any way with the proper functioning of the site and services; are solely responsible for your content submissions, including discussion posts, profile information and links, pictures, and other such content; represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Valorwings.com to use any and all content submitted by you to Valorwings.com in accordance with the licenses granted in this agreement; hereby grant Valorwings.com, whether using Valorwings.com or an application authorized by Valorwings.com but developed via a third-party developer, a non-exclusive license to access the content you submit through Valorwings.com and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through Valorwings' functionality and under these terms of service; will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content to Valorwings.com; hereby affirm we have the right to determine whether any of your content submissions are appropriate and comply with these terms of service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

PRIVACY, NON-CONFIDENTIALITY AND SECURITY

Maintaining your privacy is very important to us and we take extreme measures to insure your most private information is managed accordingly. Our privacy policy explains how we collect, use and disclose information that pertains to your privacy. The privacy policy forms part of our agreement with you and is incorporated in this agreement and can be referenced at http://www.Valorwings.com/privacy_policy.

You acknowledge that some of the information that you submit to us, such as postings is submitted for the purpose of disclosure in a variety of ways by Valorwings.com, and therefore such information is not subject to any confidentiality obligation. However, information such as credit card information provided in connection with the bid and/or purchase of service is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the bid and/or purchase of service, other than your credit card information, may be disclosed by us to Valorwings.com affiliates and promotional partners to enhance service offering or certain commercial purposes.

Any communications held between you the member and Valorwings.com, through email or other correspondence, in which you offer suggestions or comments for improving or modifying our services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.

NON-DISCLOSURE

You acknowledge and agree that all financial and accounting records, lists of property owned by Valorwings, including amounts paid therefore, client and customer lists, and other Valorwings data and information related to its business (hereinafter collectively “Confidential Information”) are valuable assets of Valorwings.  Except for disclosures required to be made to advance the business of Valorwings and information which is a matter of public record, you shall not disclose any Confidential Information to any person or use any Confidential Information for your benefit or any other person, except with the prior written consent of Valorwings.

MEMBER ACCOUNT

Becoming a member of Valorwings.com is free, but Valorwings reserves the right to incorporate a registration fee and it does require you to register to create an account. By choosing to create an account or Valorwings.com profile with us, you agree to provide accurate and complete registration information, and you will keep that information up-to-date as applicable. Access to Valorwings.com site and services is not authorized by any other person or entity using your user id and you are responsible for preventing such unauthorized use. Individuals and entities who’s privilege to access the site or use the services has previously been terminated by Valorwings.com may not register for an account, nor may you designate any of those individuals to use your account on your behalf.

POLICY ON TERMINATION OF SERVICE

Valorwings.com or its affiliated partner may change or discontinue the site or any of the services at any time without prior notice. We reserve the right to terminate this agreement at our discretion and for any reason, without prior notice, and this agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the site and services. Any winning bid prior to termination will be honored according to its terms and the terms of this agreement specifically applicable to that winning bid.

OUR POLICY ON REFUNDS

Valorwings.com will not provide refunds except in the instance where the service requested was not performed. In this rare case, you can email Valorwings.com with details pertaining to the service not being performed for details on how to obtain your refund.

NOTE ON LINKS TO THIRD PARTY SITES

Valorwings.com does not have control over websites that Valorwings.com may link to. From time to time, Valorwings.com may contain links to third party websites that are not owned, operated, or controlled by Valorwings.com; therefore, Valorwings cannot and does not assume responsibility for the content, privacy policies, or practices of said websites or the companies that own them. Additionally, Valorwings cannot and will not censor or edit the content of any third party site. By using Valorwings.com you expressly relieve Valorwings.com from any and all liability arising from your use of any third party website whether directly or indirectly.

NOTE ON DISCLAIMERS OF WARRANTY

Valorwings and our partners, venues, events or promoters for whose events we make available for bidding make no express warranties or guarantees about the site and services. To the maximum extent permitted by law, we and our officers, directors, agents, partners, venues, events or promotors for whose events we make available for bidding disclaim implied warranties that the site and services are salable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that Valorwings.com will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of Valorwings.com, including any services or transactions, will be effective, reliable, accurate or meet your requirements. We make no warranties as to privacy and security other than as expressly stated in the privacy policy. We do not guarantee that you will be able to access or use the site or services at times or locations of your choosing. No oral or written information or advice given by a Valorwings.com representative shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.

NOTE ON LIMITATIONS OF LIABILITY

Your sole and exclusive remedy for any dispute with Valorwings is to cease your use of Valorwings.com. In no event shall our liability, or the liability of our officers, directors, agents, partners, venues, events or promotors for whose events we make available for, for any and all claims relating to the use of the site and services exceed the total amount of fees that you paid us during the previous one-month period for the specific service at issue. We, our affiliates, officers, directors, agents, partners, venues, events or promotors for whose events we make available for, shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the site and services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. If any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdiction, our liability, and the liability of our officers, directors, agents, partners, venues, events or promotors for whose events we make available for, shall be limited to the extent permitted by law.

NOTE ON INDEMNITY

You agree to defend, indemnify and hold harmless Valorwings, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from the following:

  • Your use of and access to Valorwings.com;
  • Your violation of any term of these terms of service;
  • Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • Any claim that any content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these terms of service and your use of Valorwings.com.

RESERVATION OF RIGHTS AND RELEASE

Valorwings reserves the right, but has no obligation, to monitor, or take any action Valorwings deems appropriate regarding disputes that you may have with other members of ours or any of our partners, venues, events or promoters for whose events we make available for bidding. To the extent the law permits, you release us from any claims or liability related to any content posted on the site and from any claims related to the conduct of any other members of ours or any of our partners, venues, events or promoters for whose events we make available for bidding. You hereby waive California civil code section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

“IP” OR INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the site and services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this agreement, except for the limited right to use the site and services in accordance with this agreement. “Valorwings” and “Valorwings.com” are our service/trademark. Other product and company names that are mentioned on the site or provided as part of the services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this agreement.

As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in content that you post to the site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the content in any manner we choose. If you have any rights to the content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.

The contents on Valorwings.com, excluding all intellectual property of other sites obtained by way of api and linking and content posted by our customers, is owned by Valorwings.com. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("marks"). The marks are owned or licensed to Valorwings.com, subject to copyright and other intellectual property rights under united states law, the law of the jurisdiction where you reside, and international conventions. Content provided by Valorwings.com is provided to you “as is” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the site and services.

NOTE ON ELECTRONIC COMMUNICATIONS

The communications between you and Valorwings.com use electronic means, whether you visit the site or send us emails, or whether Valorwings.com posts notices on the site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Valorwings.com in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Valorwings.com provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

NOTE ON ELECTRONIC COMMUNICATIONS

If you are a copyright owner or an owner's agent and find content that infringes upon your copyrights, you may submit a notification according to the digital millennium copyright act. To do so, please provide our copyright agent with the following information (see 17 u.S.C 512(c)(3) for further detail) in writing:

(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Valorwings' designated agent to receive notifications of claimed infringement can be reached at hero@Valorwings.com you acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.

GENERAL TERMS

It is understood that nothing in this agreement creates a partnership, employment relationship or agency. You may not assign this agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this agreement will not be considered a waiver of the right to enforce such provision. Our rights under this agreement will survive any termination of this agreement.

You and Valorwings agree that any cause of action arising out of or related to Valorwings.com must commence within 1-month (one-month) after the cause of action accrues. Otherwise, such cause of action is permanently barred.

You represent that you are legally able to accept these terms of service. You confirm that you are 21 years of age or older or are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this agreement, and to abide by and comply with this agreement. And as stated in the conditional use of our site and service, above, you confirm that you are, in any case, 21 years of age or older. If you aren't, you must cease use of Valorwings.com.

GENERAL TERMS

These terms of service, together with the privacy policy stated at (http://www.Valorwings.com/privacy_policy) and any other legal notices published by Valorwings.com on the site, shall constitute the entire agreement between you and Valorwings concerning Valorwings.com. We may change the terms of this agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the site. It is your sole responsibility to check the site from time to time to view any such changes in the agreement. If you do not agree to any changes, if and when such changes may be made to the agreement, you must cease use of the site and services. Your use of the site and services after any modifications to the agreement indicates that you agree to such modified agreement. Any changes to this agreement (other than as set forth in this paragraph) or waiver of Valorwings' rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Valorwings.com or its parent company. No purported waiver or modification of this agreement by Valorwings via telephonic or email communications shall be valid.