Terms of Service
Effective date: May 1, 2026 | Last updated: July 7, 2026
1. Agreement to Terms
By accessing or using the FairValueX website at fairvaluex.com (“Site”), or by submitting an engagement request, you agree to be bound by these Terms of Service (“Terms”). If you do not agree, please do not use the Site or submit any requests.
These Terms apply to all visitors, prospective clients, and clients of FairValueX, Inc. (“FairValueX,” “we,” or “us”), a Delaware corporation providing professional valuation services.
2. Nature of Services
FairValueX provides professional business valuation services, including but not limited to 409A valuations, ASC 718 stock compensation analyses, ASC 820 fair value determinations, purchase price allocations (PPA), and related financial reporting engagements. All deliverables are professional opinions prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) and applicable AICPA standards.
Deliverables do not constitute legal, tax, or investment advice. Clients are responsible for consulting their own legal and tax advisors regarding the application of any valuation conclusion to their specific circumstances. FairValueX conclusions represent the professional judgment of a credentialed appraiser as of the specified effective date and are subject to the facts, assumptions, and limiting conditions stated in the engagement report.
3. Engagement Process and Client Obligations
An engagement is initiated only upon written confirmation of scope and fee, and receipt of all required inputs. Clients are responsible for providing complete, accurate, and timely information. FairValueX relies on client-furnished data and representations; the accuracy of conclusions is contingent upon the accuracy of that data.
- Clients must provide all required documents within the agreed input submission window
- Material omissions or misrepresentations may void the engagement or require scope revision
- Scope changes after engagement commencement may result in revised fees, to be agreed in writing
- FairValueX reserves the right to withdraw from an engagement if information provided is found to be materially inaccurate or if circumstances arise that compromise professional independence
4. Deliverables and Intellectual Property
Upon full payment of the engagement fee, the client receives a limited, non-transferable license to use the final deliverable for the specific purpose stated in the engagement scope. Deliverables may not be reproduced, redistributed, published, or shared with third parties (other than the client’s auditors, legal advisors, or regulators in connection with the stated engagement purpose) without prior written consent from FairValueX.
All methodologies, templates, models, processes, and underlying intellectual property remain the exclusive property of FairValueX, Inc. Delivery of a report does not convey ownership of any underlying analytical tools or frameworks.
5. Auditor Support
All standard engagements include twelve (12) months of auditor response support, effective from the date of report delivery. This support covers direct responses to audit inquiry letters and auditor questions specifically relating to the delivered engagement report. It does not include:
- Preparation of new or revised analyses beyond the original scope
- Expert witness testimony, litigation support, or regulatory proceedings
- Updated valuations reflecting subsequent events or changed facts
- Responses to third-party buyers, investors, or acquirers not party to the original engagement
Matters outside the scope of included auditor support will be quoted separately. Response timelines for auditor inquiries are generally within three (3) business days of receipt.
6. Fees and Payment
All fees are fixed, scope-confirmed, and disclosed in full prior to engagement commencement. No work begins until the scope and fee are agreed in writing. Payment terms will be specified in the engagement confirmation. FairValueX reserves the right to suspend work or withhold final deliverables in the event of non-payment.
Fees quoted are for the stated scope. Scope expansions, additional engagement types, or material changes to the fact pattern after commencement may result in supplemental fees, discussed and agreed before any additional work is performed.
7. Confidentiality
FairValueX treats all client information as strictly confidential. We do not disclose client identities, engagement details, or deliverable contents to third parties, except as required by applicable law, professional standards, or with the client’s express written consent. Our engagement team members are subject to confidentiality obligations consistent with professional standards applicable to credentialed appraisers.
8. Limitation of Liability
FairValueX’s total liability arising from or relating to any engagement shall not exceed the fees actually paid by the client for the specific engagement giving rise to the claim. In no event shall FairValueX be liable for indirect, incidental, consequential, or punitive damages, including lost profits or business opportunity, even if advised of the possibility of such damages.
Professional liability (errors & omissions) insurance is maintained by FairValueX, Inc. A certificate of coverage is available upon written request.
9. No Guarantee of Regulatory or Audit Outcome
While FairValueX deliverables are designed to be audit-defensible and prepared in compliance with applicable professional standards, we make no guarantee or warranty regarding acceptance by any taxing authority, regulatory body, auditor, or court. The ultimate determination of any valuation conclusion by any third party is outside our control. “Audit-defensible” refers to the quality, completeness, and methodological rigor of our work product, not to any guaranteed audit outcome.
10. Website Use
The Site is provided for informational purposes. Content on the Site, including articles and methodology descriptions, is for general professional education and does not constitute valuation advice specific to any engagement. FairValueX reserves the right to modify, suspend, or discontinue the Site or any content at any time without notice. Access to the Site does not create a professional relationship or engagement.
Unauthorized use of the Site, including automated scraping, data harvesting, or circumvention of any access controls, is strictly prohibited.
11. Governing Law and Dispute Resolution
These Terms and any engagement-related disputes shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any dispute not resolved informally within thirty (30) days of written notice shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA), with proceedings conducted in Phoenix, Arizona, unless otherwise agreed in writing.
12. Modifications to These Terms
FairValueX reserves the right to update these Terms at any time. Material changes will be reflected by an updated “Last updated” date at the top of this page. Continued use of the Site following any update constitutes acceptance of the revised Terms. For active engagements, the Terms in effect at the time of engagement confirmation govern the engagement relationship.