Terms & Conditions
Tradex Consulting, LLC (“Tradex Consulting”, “us”, “our”, “we”) owns and operates the websites www.thecompasscbf.com & www.winecompass.com(collectively the “Site”) and all associated services related to the website and mobile apps (collectively, the “Site”). The following Terms of Use constitute a legal agreement between you and Tradex Consulting concerning your use of the Site (the “Agreement”). “You” or “your” includes yourself, and any person on behalf of which you use the Site (“User”). You may only use the Site pursuant to this Agreement. By accessing or otherwise using this Site, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not accept these Terms of Use, You are not permitted to access or use this website.
This Agreement by and between you and Tradex Consulting governs your access and use of the Site and any Content or other information made available to you (collectively, the “Services”). By continuing to use this Site, you agree to comply with all applicable laws and regulations in your use of the Services.
Tradex Consulting may modify these Terms of Use or its other policies from time to time. Any such modifications to the Terms of Use will be effective within forty-eight (48) hours after being available on the Site unless otherwise stated by Tradex Consulting in writing. You are bound by such modifications when they become effective. Although Tradex Consulting may endeavor to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version prior to using the Site. Your continued use of the Application following notice of Tradex Consulting’s posting of any modifications to these Terms of Use will constitute your acceptance of such modifications. If you do not agree to any modifications of these Terms of Use, you must not continue to use the Application.
License and Use Restrictions. Subject to the terms and conditions of this Agreement, Tradex Consulting hereby grants to you the non-transferable, nonexclusive, limited license to access and use the Services of personal, non-commercial, reference, education, research or training purposes, without any right to re-license, sublicense, distribute, assign or transfer such rights. You shall not (a) copy or duplicate, in whole or in substantial part, the Services; (b) distribute, transmit, publish, transfer, sell or commercially exploit in any way the Services, in whole or in part; (c) reproduce (except as expressly permitted by “fair use” principals of applicable copyright law), redistribute or publish any Content without the express permission of Tradex Consulting; (d) reverse engineer, decompile or modify the Service, in whole or in part; (e) use the Services or the information contained therein or results derived therefrom to develop any products or services that could be competitive with the Services or any other products or services provided by Tradex Consulting and its affiliates; or (f) alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Site. Tradex Consulting may update, modify, or replace the Services (including the Content therein) from time to time. Tradex Consulting reserves the right to discontinue offering access to the Services or any Content therein. Tradex Consulting will use commercially reasonable efforts to provide advance notice of any such discontinuation.
Proprietary Rights. All information, graphics, photographs, videos, format, design, the user interface and other copyrighted material on the Site (collectively, “Content”) are protected by copyright law and other intellectual property laws and are owned by Tradex Consulting or its affiliates. You may not copy, modify, duplicate, create derivative works from, republish, display, transmit, or distribute the Content in any way. All copyright and other proprietary notices and markings must be retained and reproduced in their entireties on any copy of any Content on the Site. The Site, including its operation, interface, and Content, are protected by the copyright laws of the United States and other international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without the prior written consent of Tradex Consulting Any breach of this Agreement shall immediately terminate the license and rights granted by Tradex Consulting hereunder, and may subject you to civil and/or criminal prosecution. Tradex Consulting™, and are trademarks of Tradex Consulting, LLC or its affiliates. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the Application are the property of their respective owners and appear through the courtesy of, or a license from, such owners. All marks are protected by law, including without limitation United States laws regarding trademark and unfair competition. You are not permitted to use any logo or other proprietary graphic or trademark of Tradex Consulting or its affiliates or other partners without first obtaining the express written consent of Tradex Consulting and the applicable affiliate or partner. Unless otherwise noted, by using a third party’s trademark or trade name on this Site, we do not intend to suggest any affiliation with or endorsement of such third party or its products or services, and we hereby expressly disclaim any such affiliation or endorsement.
Registration. In order to access certain features of the Site and utilize the Services, you have to create a User Account with Tradex Consulting (“User Account”). You will need to create an Account in order to customize your Site experience and view more relevant information. To create an Account, you must be a legal resident of the United States and at least 18 years of age at the time of registration. If you register, you will be asked to provide an email address, name and location details. Tradex Consulting will then provide you with a unique username and password to enable you to access User Account. There is also an optional social login option available for user convenience. You agree that the information you provide Tradex Consulting will be true, accurate, current and complete. By creating an Account you consent to the use of: (i) electronic means to review and accept this Agreement and to provide you with any notices given pursuant to this Agreement; and (ii) electronic records to store information related to this Agreement or your use of the Site.
Security and Password. You agree not to disclose your User Account details, including your username and password, to anyone else and that you will be solely responsible for any activities or actions taken under your User Account, whether or not authorized by you. Please notify Tradex Consulting immediately of any unauthorized use of your Account. Tradex Consulting is not liable for any loss or damage from your failure to comply with these requirements.
Privacy. In order to provide a relevant user experience, Tradex Consulting collects and uses personal information from you when you use the Site. Please see Tradex Consulting’s http://thecompasscbf.com/privacy-policy/ for more information and details.
Payment of Fees. If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this site, we will bill your credit card or debit card provided to us at activation. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, and telephone number, and to provide us with any changes in such information within 10 days of the change. If for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the due amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts. You agree that until your membership to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
User Content. Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason (“User Content”), will be treated as non-confidential and non-proprietary (excluding your personal data provided for the purpose of enrollment). By uploading or submitting any User Content to Tradex Consulting or to the Site, you represent and warrant that you are the original author, owner or licensee of such User Content and all rights thereto and that you have the right to upload or submit the User Content. You hereby grant to Tradex Consulting a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable right and license to use, copy, modify, create derivative works of, delete, transmit, publish, display, perform, translate, sell, distribute, modify, and incorporate such User Content into any form or medium now known or hereinafter invented, without compensation to you. You also warrant that all moral rights and/or publicity rights that may have been in such User Content are voluntarily waived by you. No such User Content will be subject to any obligation of confidence on the part of Tradex Consulting, its affiliates, or their respective employees, officers, directors, and agents. In the event you do elect to make one or more Profile(s) and their corresponding Profile Content available to one or more third parties (“Caregivers”), you further grant Tradex Consulting a right to sublicense the Profile Content to such Caregiver to allow access to and use of the same as permitted by our Services. Although any Caregiver is subject to these Terms as a User, we cannot control any use of Profile Content by any Caregiver and you are solely responsible for the same and any liability for such access. This site is intended for lawful purposes only. You agree that you will not post, upload or share any User Content, information, ideas, opinions, images or other User Content using any communication tool, such as chat message boards or other interactive services:(a) that is false, inaccurate or misleading;
(b) that infringes or misappropriates the copyright, patent, trademark, trade secret or other proprietary rights of a third party;
(c) that violates any law, statute, ordinance or regulation;
(d) that is or may reasonably be considered libelous, defamatory, hateful, obscene, pornographic, abusive, offensive, threatening, unlawful, or harassing;
(e) that contains any virus, worm, malware or other potentially damaging programs or data; or
(f) that impersonates any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity.
(g) that distributes any “spam,” advertising or solicitation of funds or goods and services or solicit users to join competitive online services. You agree that, in submitting User Content, you will only submit User Content that is reasonably related to the subject matter of the online discussion or Site, as applicable. You are expressly prohibited from using our Site to post or transmit any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You agree that you will not upload, email or otherwise transmit any User Content that invades the privacy of any third party or disseminate User Content that impacts or invades the privacy of others, or that reveal personal, private or sensitive information about another person, without that person’s consent. You agree that you will not seek to obtain access to any Content or information through “hacking,” “data harvesting” or through other means we have not intentionally made available to you through the Site.
We neither endorse nor assume any liability for the Contents uploaded or submitted by third party users of the Site. We do not pre-screen User Content that Users are allowed to submit on specific areas of the Site. Tradex Consulting, in its sole discretion, shall have the right to edit, refuse, remove or move any User Content from the Site. When you access User Content, you do so at your own risk, and we expressly disclaim responsibility for the User Content. We have no obligation to respond to any User Content, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users on online chats or bulletin boards which we may include on the Site.
You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded Content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off and terminate accounts which have not paid a subscription fee and/or that are inactive for an extended period of time.
Third Party Materials. Links to third party websites through the Site, if any, are provided solely as a convenience to you. Tradex Consulting is not responsible for the content provided through these links. We do not endorse, sanction, verify, or guarantee the accuracy or completeness of such content and Tradex Consulting makes no warranty as to the accuracy of any such information. Tradex Consulting has not reviewed any third party websites accessible through such links and does not control and is not responsible for any third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. Tradex Consulting does not endorse or make any representations about third party websites or any information, software or other products, services, or materials found there, or any results that may be obtained from using them. If you access any third party websites linked to the Application, you do so entirely at your own risk. You acknowledge and agree that Tradex Consulting is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such third party websites or links to third party websites.
Digital Millennium Copyright Act (“DMCA”) Notice. Content on the Site may be from third parties not within Tradex Consulting’s control. Tradex Consulting is under no obligation to, and does not, scan Content used in connection with the Site for the inclusion of illegal or impermissible content. However, Tradex Consulting respects the copyright interests of others and, as a policy, does not knowingly permit Content herein that infringes another party’s copyright. If you believe any Content on the Site infringes a copyright, You should provide us with written notice that at a minimum contains:• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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;
• 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 us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has 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
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Tradex Consulting may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
Termination of Use. We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use. You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your User Account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Feedback. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site (“Feedback”). You may submit Feedback by emailing us at [email address], or via the [link] on the Site. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without any compensation to you of any kind.
Miscellaneous. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Tradex Consulting’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Tradex Consulting in writing. This Agreement may be assigned in whole or in part by Tradex Consulting at any time. This Agreement may not be assigned in any manner by you without the express, prior written permission of Tradex Consulting. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to the principles of conflict of law thereof, and excluding the United Nations Convention on Contracts for the International Sale of Goods. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the Commonwealth of Virginia (the “Virginia Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Virginia Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Virginia Courts represent the exclusive jurisdiction for all disputes relating to this Agreement.
Contact Information. To contact Tradex Consulting, LLC about this Agreement or to provide any other notice, send such notice via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@winecompass.com by email, or Tradex Consulting.