Terms of Use and Disclosures

Last Modified: January 12, 2023

These terms of use are entered into by and between you and Valkyrie Investments Inc. and its affiliates (“Valkyrie,” “we,” “us” or “our”). The following terms and conditions and special considerations (“Terms of Use”) govern your access to and use of this website, including any content, functionality, and services offered on or through this website (the “Website”).

Please read the Terms of Use carefully prior to using the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

This Website is offered and available to users who are at least 18 years of age. If you do not meet this requirement, you must not access or use the Website.

Changes to the Terms of Use

Valkyrie may update these Terms of Use from time to time in our sole discretion. All updates are effective immediately when we post them, and apply to all access to and use of the Website after they have been posted. You accept the updated Terms of Use by continuing to use the Website following the posting of such Terms of Use. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. We will provide notice of material updates on this Website.

Website Access and Account Security

Valkyrie may withdraw or amend this Website, including any service or content we provide on or through this Website, in our sole discretion and without notice. We will not be liable for any reason if all of this Website, or any part thereof, is unavailable at any time or for any period. We may, at our sole discretion, restrict access to all or some parts of this Website.

As between you and Valkyrie, you are responsible for (i) making all arrangements necessary to access this Website and (ii) ensuring that all persons who access this Website through your Internet connection are aware of and comply with these Terms of Use.

To access and use the Website, you may be asked to provide certain registration information. If asked to provide such information, you must ensure that the requested information is correct, current, and complete. If you choose, or are provided with credentials or any other information as part of our security procedures, you must treat such information as confidential, and you may not disclose it to any other person or entity. You agree to promptly notify Valkyrie of any unauthorized access to or use of your credentials or any other breach of security of the Website. Provided you use your credentials during a session, You must exit from your account at the end of such session. You should use caution when accessing your account from a public or shared device so that other users are not able to access the Website without authorization. We have the right to disable your credentials at any time in our sole discretion for any reason.

Privacy

Our Privacy Policy is incorporated into, and made a part of, these Terms of Use.

Intellectual Property Rights

This Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Valkyrie, its licensors, or other providers of such content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for internal purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on this Website, except You may print or download one copy of any content file (e.g., a report) available at the Website and a reasonable number of pages of the Website for your internal purposes and not for further reproduction, publication, or distribution.

You may not:

Modify copies of any content from this Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of content from this Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the content you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Valkyrie.

The Valkyrie name and logo, the terms, and all related names, logos, product and service names, designs, and slogans are trademarks of Valkyrie or licensors. All other names, logos, product and service names, designs, and slogans of this Website are the trademarks of their perspective owners.

Prohibited Uses

You may only use the Website for lawful purposes and in strict accordance with these Terms of Use. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To impersonate or attempt to impersonate Valkyrie, a Valkyrie employee, another user, or any other person or entity (including, without limitation, by using email addresses or other identifiers associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Valkyrie or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the content on the Website.
Use any manual process to monitor or copy any of the content on the Website without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other content that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

Valkyrie has the right to:

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content on or through the Website. YOU WAIVE AND HOLD HARMLESS VALKYRIE AND ITS LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through the Website is made available solely for informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. All statements and/or opinions expressed in such content, and all articles and responses to questions and other content, other than the content provided by Valkyrie, are solely the opinions and the responsibility of the person or entity providing such content and do not necessarily reflect the opinion of Valkyrie. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.

Disclosures

THIS WEBSITE DOES NOT CONSTITUTE AN OFFER TO SELL, OR A SOLICITATION OF AN OFFER TO BUY, ANY INVESTMENT PRODUCT MANAGED OR ADVISED BY VALKYRIE. ANY SUCH OFFER MAY BE MADE ONLY BY WAY OF DELIVERY OF A FINAL, DEFINITIVE DISCLOSURE DOCUMENT RELATING TO SUCH INVESTMENT PRODUCT. NO READER OF THIS WEBSITE SHOULD INVEST IN ANY VALKYRIE INVESTMENT PRODUCT WITHOUT FIRST CAREFULLY READING ITS RELATED DISCLOSURE DOCUMENT, WHICH, AMONG OTHER THINGS, DISCUSSES THE SPECIAL CONSIDERATIONS AND RISK FACTORS, AS WELL AS THE POSSIBLE CONSEQUENCES, OF INVESTING IN, AND SUBSEQUENTLY WITHDRAWING OR REDEEMING CAPITAL FROM, SUCH INVESTMENT PRODUCT. EACH PROSPECTIVE INVESTOR SHOULD CONSULT ITS OWN QUALIFIED INDEPENDENT LEGAL, REGULATORY, TAX, ACCOUNTING, INVESTMENT, FINANCIAL AND OTHER ADVISORS CONCERNING THE INFORMATION CONTAINED IN THIS WEBSITE AND IN THE DISCLOSURE DOCUMENT RELATING TO THE RELEVANT VALKYRIE INVESTMENT PRODUCT.

THE INFORMATION CONTAINED IN THIS WEBSITE IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO THE RELEVANT VALKYRIE INVESTMENT PRODUCT’S DISCLOSURE DOCUMENT, WHICH CONTAINS ADDITIONAL INFORMATION ABOUT THE INVESTMENT OBJECTIVE, TERMS AND CONDITIONS OF AN INVESTMENT IN SUCH INVESTMENT PRODUCT, TAX INFORMATION AND RISK DISCLOSURES THAT ARE IMPORTANT TO ANY INVESTMENT DECISION REGARDING A VALKYRIE INVESTMENT PRODUCT.

NO PERSON HAS BEEN AUTHORIZED TO MAKE ANY STATEMENT CONCERNING ANY VALKYRIE INVESTMENT PRODUCT OTHER THAN AS SET FORTH IN ITS DISCLOSURE DOCUMENT AND ANY SUCH STATEMENTS, IF MADE, MAY NOT BE RELIED UPON.

NONE OF THE U.S. SECURITIES AND EXCHANGE (“SEC”), THE U.S. COMMODITY FUTURES TRADING COMMISSION OR ANY OTHER U.S. OR NON-U.S. GOVERNMENTAL, REGULATORY OR SELF-REGULATORY AGENCY, AUTHORITY OR ORGANIZATION HAS IN ANY MANNER: (I) PASSED UPON OR MADE ANY FINDING OR DETERMINATION AS TO THE MERITS, VALUE OR FAIRNESS OF AN INVESTMENT IN ANY VALKYRIE INVESTMENT PRODUCT OR THE ADEQUACY OR ACCURACY OF THIS WEBSITE OR THE DISCLOSURE DOCUMENT RELATING TO SUCH INVESTMENT PRODUCT, (II) MADE ANY RECOMMENDATION AS TO SUCH AN INVESTMENT OR (III) PASSED UPON, SPONSORED, RECOMMENDED, APPROVED OR DISAPPROVED OF ANY VALKYRIE INVESTMENT PRODUCT OR THE ABILITIES OR QUALIFICATIONS OF VALKYRIE. ANY REPRESENTATION TO THE CONTRARY IS UNLAWFUL.

NO INFORMATION CONTAINED IN THIS WEBSITE SHOULD BE CONSTRUED AS PROVIDING LEGAL, REGULATORY, TAX, ACCOUNTING, INVESTMENT, FINANCIAL OR OTHER ADVICE OR AS A RECOMMENDATION TO SUBSCRIBE FOR, HOLD OR DISPOSE OF ANY VALKYRIE INVESTMENT PRODUCT OR ANY INVESTMENT MADE, CONTEMPLATED TO BE MADE OR CONTEMPLATED TO BE DISPOSED OF BY ANY VALKYRIE INVESTMENT PRODUCT.

THIS WEBSITE MAY CONTAIN CERTAIN STATEMENTS, OPINIONS, PREDICTIONS AND CONCLUSIONS THAT MAY BE FORWARD-LOOKING IN NATURE (COLLECTIVELY, FORWARD-LOOKING STATEMENTS). FORWARD-LOOKING STATEMENTS CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMS SUCH AS “ANTICIPATE,” “INTEND,” “BELIEVE,” “PERCEIVE,” “PLAN,” “GOAL,” “SEEK,” “ESTIMATE,” “EXPECT,” “STRATEGY,” “FUTURE,” “OBJECTIVE,” “PROJECT,” “TARGET,” “LIKELY,” “UNLIKELY,” “PROBABLY,” “MAY,” “SHOULD,” “WILL” AND SIMILAR EXPRESSIONS. ANY FORWARD-LOOKING STATEMENTS CONTAINED HEREIN ARE SOLELY THOSE OF VALKYRIE AND ARE BASED SOLELY ON VALKYRIE’S CURRENT OUTLOOK REGARDING FUTURE EVENTS. BECAUSE FORWARD-LOOKING STATEMENTS RELATE TO THE FUTURE, THEY ARE BASED ON CERTAIN ASSUMPTIONS, AND SUBJECT TO INHERENT UNCERTAINTIES, RISKS AND CHANGES IN CIRCUMSTANCES THAT ARE DIFFICULT TO PREDICT AND THAT GENERALLY ARE OUTSIDE OF VALKYRIE’S CONTROL. THE ACTUAL IMPLEMENTATION AND RESULTS OF VALKYRIE’S INVESTMENT STRATEGY AND THE FINANCIAL CONDITION AND SUCCESS OF A VALKYRIE INVESTMENT PRODUCT MAY DIFFER MATERIALLY FROM THAT WHICH MIGHT BE SUGGESTED OR INDICATED BY SUCH FORWARD-LOOKING STATEMENTS. THEREFORE, A READER OF THIS WEBSITE SHOULD NOT PLACE UNDUE RELIANCE ON SUCH FORWARD-LOOKING STATEMENTS. MANY OF THE FACTORS THAT COULD CAUSE MATERIAL DIFFERENCES BETWEEN THE ACTUAL IMPLEMENTATION AND RESULTS OF VALKYRIE’S INVESTMENT STRATEGY AND THE FINANCIAL CONDITION AND SUCCESS OF A VALKYRIE INVESTMENT PRODUCT, ON THE ONE HAND, AND THAT WHICH MIGHT BE SUGGESTED OR INDICATED BY SUCH FORWARD-LOOKING STATEMENTS, ON THE OTHER HAND, ARE OUTLINED BELOW AND DISCUSSED IN GREATER DETAIL IN THE DISCLOSURE DOCUMENT RELATING TO SUCH INVESTMENT PRODUCT. THE FACTORS SO OUTLINED AND DISCUSSED, HOWEVER, ARE NOT THE ONLY RISK FACTORS AND OTHER SPECIAL CONSIDERATIONS THAT COULD CAUSE THE ACTUAL IMPLEMENTATION AND RESULTS OF VALKYRIE’S INVESTMENT STRATEGY, AND/OR THE FINANCIAL CONDITION AND SUCCESS OF A VALKYRIE INVESTMENT PRODUCT, TO DIFFER MATERIALLY FROM THAT WHICH MIGHT BE SUGGESTED OR INDICATED BY SUCH FORWARD-LOOKING STATEMENTS.

AN INVESTMENT IN A VALKYRIE INVESTMENT PRODUCT IS SPECULATIVE AND INVOLVES SIGNIFICANT RISKS, INCLUDING POSSIBLE LOSS OF THE ENTIRE AMOUNT INVESTED. THE PORTFOLIO OF A VALKYRIE INVESTMENT PRODUCT MAY BE LEVERAGED AND ITS INVESTMENT PERFORMANCE MAY BE VOLATILE. BEFORE DECIDING TO INVEST IN A VALKYRIE INVESTMENT PRODUCT, PROSPECTIVE INVESTORS SHOULD READ THE RELATED DISCLOSURE DOCUMENT AND PAY PARTICULAR ATTENTION TO THE RISK FACTORS CONTAINED THEREIN. THE FEES AND EXPENSES CHARGED IN CONNECTION WITH AN INVESTMENT IN A VALKYRIE INVESTMENT PRODUCT MAY BE HIGHER THAN THE FEES AND EXPENSES OF OTHER INVESTMENT ALTERNATIVES AND MAY OFFSET PROFITS. INVESTORS SHOULD HAVE THE FINANCIAL ABILITY AND WILLINGNESS TO ACCEPT THE RISK CHARACTERISTICS OF AN INVESTMENT IN A VALKYRIE INVESTMENT PRODUCT.

PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS, AND THERE CAN BE NO ASSURANCE THAT ANY VALKYRIE INVESTMENT PRODUCT WILL BE PROFITABLE OR AVOID LOSSES.

EXCEPT WHERE OTHERWISE INDICATED HEREIN, THE INFORMATION PROVIDED HEREIN IS BASED ON MATTERS AS THEY EXIST AS OF THE DATE HEREOF AND NOT AS OF ANY FUTURE DATE, AND WILL NOT BE UPDATED OR OTHERWISE REVISED TO REFLECT INFORMATION THAT SUBSEQUENTLY BECOMES AVAILABLE, OR CIRCUMSTANCES EXISTING OR CHANGES OCCURRING AFTER THE DATE HEREOF. MENTIONED AMOUNTS AND NUMBERS HEREIN ARE UNAUDITED.

SOME OF THE INFORMATION CONTAINED IN THIS WEBSITE HAS BEEN OBTAINED FROM SOURCES OTHER THAN VALKYRIE. WHILE VALKYRIE BELIEVES SUCH INFORMATION TO BE RELIABLE FOR THE PURPOSES OF THIS WEBSITE, NEITHER VALKYRIE NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, MEMBERS, PARTNERS, OFFICERS OR EMPLOYEES, HAS INDEPENDENTLY VERIFIED SUCH INFORMATION. ACCORDINGLY, NONE OF THE FOREGOING CAN GUARANTEE THE ACCURACY OF SUCH INFORMATION.

IN LIGHT OF THE FOREGOING, AN INVESTMENT IN A VALKYRIE INVESTMENT PRODUCT MAY NOT BE APPROPRIATE FOR MANY INVESTORS, AND A PERSON:

SHOULD NOT INVEST IN A VALKYRIE INVESTMENT PRODUCT UNLESS SUCH PERSON: (I) HAS ADEQUATE MEANS (WHICH DO NOT INCLUDE THE AMOUNT THE INVESTOR WISHES TO INVEST IN SUCH PRODUCT) OF PROVIDING FOR ITS CURRENT NEEDS (INCLUDING CASH FLOW NEEDS) AND CONTINGENCIES; (II) HAS NO NEED FOR LIQUIDITY WITH RESPECT TO SUCH INVESTMENT; (III) IS FULLY ABLE TO BEAR THE FINANCIAL AND OTHER RISKS ASSOCIATED WITH SUCH INVESTMENT FOR AN INDEFINITE PERIOD OF TIME; AND (IV) IS FULLY ABLE TO SUSTAIN THE POSSIBLE LOSS OF THE ENTIRE AMOUNT INVESTED; AND
SHOULD CONSIDER AN INVESTMENT IN A VALKYRIE INVESTMENT PRODUCT AS A LONG-TERM INVESTMENT THAT IS APPROPRIATE ONLY FOR A LIMITED PORTION OF THE HIGH-RISK SEGMENT OF SUCH PERSON’S OVERALL PORTFOLIO.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL CONTENT THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY CONTENT DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VALKYRIE NOR ANY PERSON ASSOCIATED WITH VALKYRIE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER VALKYRIE NOR ANYONE ASSOCIATED WITH VALKYRIE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, VALKYRIE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL VALKYRIE, ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Valkyrie, its licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Links to Other Websites

The Website may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, in each case located in the city of Nashville, Tennessee. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Valkyrie of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Valkyrie to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and Valkyrie regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Updated Content

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the content on the Website may be out of date at any given time, and we are under no obligation to update such content.

Your Comments and Concerns

This website is operated by Valkyrie. You may reach us via email at [email protected].

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