Valterra Partners
Website Terms of Use


These website terms of use (“Terms”) are a legal agreement between you (“you”, “your”) and Valterra Partners LLC (“Valterra”, “us”, “our”, or “we”) and govern your access to and use of our website made accessible at https://www.valterrapartners.comhttps://www.valterrapartners.com/ (the “Website”), including any content, functionality, and services offered on or through the Website.

By visiting the Website, you are agreeing to the Terms and our Website Privacy Policy, incorporated herein by reference. If you use the Website on behalf of a business, such as your employer, you represent to us that you have the authority to bind that business to the Terms and that business accepts the Terms.

If you elect to use our Investor Portal made accessible at https://investor.valterrapartners.com/users/sign_in, you also will be required to agree to Valterra’s Investor Portal Terms of Service and Investor Portal Privacy Policy, as well as Update Capital’s Terms of Service and Privacy Policy.

If you do not agree with the Terms you may not use the Website.

The Website is provided for informational purposes only. It provides general business and marketing information about our company to visitors and our investors.

1. Conditions on Use of the Website
You agree to use the Website in accordance with the Terms and only for lawful purposes. You also agree that you are responsible for obtaining the technology, such as a computer and Internet connection, needed to use the Website.

2. Intellectual Property
Nothing in the Terms shall be construed as conferring any license to any of our intellectual property rights, or those of a third party, other than for your limited use of the Website in accordance with the Terms. As used in the Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

You agree that certain content made available to you through the Website is protected by Intellectual Property Rights (“Protected Content”). You agree not to modify, alter, remove, or deface any of the Protected Content, including trademarks, service marks, and logos displayed through the Website. You agree to only use the Protected Content for the limited purpose for which it is made available to you. You also agree not to use the Protected Content in a way that cause or is likely to cause confusion regarding the owner or authorized user of the Protected Content. You also agree not to defame or disparage Valterra or our trademarks or service marks, name, or any aspect of the Website or our company. You agree not to adapt, translate, modify, decompile, disassemble, copy, create derivative works of, or reverse engineer the Website.

You may submit feedback, comments, suggestions or ideas about the Website (“Feedback”) to the contact email address we provide on the Website (info@valterrapartners.cominfo@valterrapartners.com) or by mail. Submitting Feedback is entirely voluntary, and we will be free to use your Feedback as we see fit without any obligation to you.

3. Third Party Services and Links
Third Party Services. You may be offered products and services through the Website that are provided by our business partners or third party service providers (“Third Party Services”).  If you decide to use any Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for such Third Party Services. We are not responsible or liable for the performance of any Third Party Services. Further, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not with Valterra.

Links to Third Party Websites. Our Website may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Valterra. Such third party websites are not governed by the Terms. You access any such third party website at your own risk. We expressly disclaim any liability for such websites. When you use a link to go from our Website to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website is subject to that website’s own terms, rules and policies.

4. Changes to the Website
We reserve the right to withdraw or makes changes to the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Website.

5. Changes to the Terms
We may change the Terms at any time, in whole or in part, by posting an updated version of the Terms on the Website (“Updated Version”). The Updated Version is effective as of the date it is posted on the Website but it will not apply retroactively. Your continued use of the Website after the posting of an Updated Version constitutes your acceptance of such revised version. Any change to the Disputes section of the Terms does not apply to disputes arising prior to such change. 

6. Indemnification
You agree to indemnify and hold Valterra, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the Terms; (c) your violation of any rights of another individual and/or entity; and (d) any dispute between you and any other user of the Website. The provisions of this Indemnification section are for the benefit of Valterra, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

7. Disclaimer of Warranties
THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, VALTERRA MAKES NO WARRANTY THAT THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. VALTERRA WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH YOUR USE OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VALTERRA OR OTHER USERS OF THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

8. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL VALTERRA, ITS AFFILIATES, 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, 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. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE MAY BE BROUGHT BY YOU OR VALTERRA MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.  THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VALTERRA. ACCESS TO THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

9. Disputes
For any dispute you may have with Valterra, we encourage you to contact us to resolve issues amicably. If we are unable to reach an informal resolution, this section governs any legal disputes between us regarding your use of the Website.

Any claim arising out of or relating to the Terms, or the breach thereof, shall be settled exclusively by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be in the [State of Texas]. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration provided the prevailing party in any such arbitration shall be entitled to recover from the other party its costs and expenses, including reasonable attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

These Terms shall be enforced, governed and construed in all respects in accordance with the internal laws of the State of Delaware, without giving effect to the choice of law or conflict of law rules or laws of such jurisdiction.

You hereby waive your rights to trial by jury.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Valterra and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorneys’ fees and court costs that Valterra incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action; and (ii) is an independent agreement.

10. Miscellaneous
Entire Agreement; Conflicts. The Terms, including any additional policies or terms incorporated herein by reference, constitute the entire agreement between us with respect to the Website.

Severability. If any part of the Terms is held to be invalid, illegal, or unenforceable, then the remaining provisions of the Terms remain in full force. Notwithstanding anything herein to the contrary, the “Disclaimer of Warranties” and “Limitation of Liability” sections shall survive the termination of the Terms.

Assignment. You and the persons you represent may not assign the Terms or your rights and obligations under it without our express prior written consent. We may withhold this consent in our sole discretion. We may assign the Terms and our rights and obligations under it without your consent or the consent of any persons or business you represent.

Headings. Headings contained in the Terms are for reference and convenience purposes only. They do not limit or change the meaning or interpretation of the Terms.

No Waiver. No part or section of the Terms may be waived unless expressly agreed to in writing by you and Valterra. Our failure to enforce any provision of the Terms will not be a waiver of our right to act on subsequent breaches or similar breaches. Our failure to enforce any provision of the Terms will not be a waiver of our right to enforce that provision in the future.

11. Contact Information
If you have any questions about the Services or the Terms, please feel free to contact us by email at info@valterrapartners.com or by mail at Valterra Partners, 515 Congress Avenue, Suite 1125, Austin, TX 78701.

Last Updated: April 5, 2024