TERMS AND CONDITIONS OF USE
Business Compass LLC
@ www.businesscompassllc.com (“Company”)
Terms and Conditions of Use
Dated as of January 28, 2011
Welcome to the www.BusinessCompassLLC.com network of websites (the “Website”). Thank you for your interest using the products and services offered by the Company (also referred to herein as “us,” “we” and “our”) on the Website (respectively, the “Products” and “Services”). We provide a large selection of comprehensive mobile applications with integrated rich media, including Finance, Science & Engineering, Travel & Weather, Health & Fitness and Management applications.
Business Compass LLC was founded in 2007. We deliver mobile applications to bankers, traders, financial analysts, MBA & college students, technology professionals and enthusiasts. They provide seamless complex financial and scientific analyses on mobile devices. We differentiate ourselves by our depth and comprehensiveness of product offerings.
Mobile Banker™ and Mobile Statistics Professor™ are our flagship products. Trial versions of major apps are available on our web site. Product videos are also available on our web site. We have 100+ applications on Android™ and 60+ on iOS platforms. We sell our products through Android™ Market Place, iTunes™ App Store, MobiHand, Pocket Gear™, Verizon VCAST App Store, and through our website. Our products sell in 40+ countries. Key applications support multi-currency operations.
User experience is critical to our success. We make every effort to deliver applications that adhere to this success factor. To that end, we continue to integrate data and rich media to deliver a superior user experience.
We are a growing start-up. Mobile application space is fragmented, and changing fast. We continue to focus on excelling on products with ample expansion opportunities. We aim to turn these opportunities into products that you can trust in focused segments!
We provide to you, whether personally or on behalf of an entity (“you” or “your”), access to our Website, Products and Services, subject to these Terms and Conditions of Use and any linked policies, as they may be amended from time to time (collectively, the “Agreement”). By accessing the Website, downloading any applications, registering with us, or otherwise using any of our Products or Services, you are offering to comply with all of the terms of this Agreement without limitation or qualification in return, among other things, for accessing or using the Website, Products or Services. By allowing such access or use, we are accepting your offer, subject to all of the terms of this Agreement. PLEASE THEREFORE CAREFULLY READ THIS AGREEMENT BEFORE ACCESSING THE WEBSITE, REGISTERING, OR USING ANY PRODUCTS OR SERVICES. IF YOU DO NOT AGREE WITH THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS THE WEBSITE, REGISTER, OR USE ANY PRODUCTS OR SERVICES. ANY SUCH ACCESS, REGISTRATION OR USE IS UNAUTHORIZED, WOULD CONSTITUTE A TRESPASS, AND MAY VIOLATE APPLICABLE LAW.
We reserve the right to change any of the terms and conditions of this Agreement at any time and in our sole and absolute discretion. Any changes will be effective ten (10) calendar days after the posting of the revisions to this Agreement. You are responsible for reviewing any applicable changes. YOUR CONTINUED USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES AFTER THE EFFECTIVE DATE OF A REVISION MEANS YOU ACCEPT SUCH CHANGES. If you do not agree to such changes to this agreement, you must not continue to use the website or any products or services. Except solely as provided in this paragraph and the Severability provision of this Agreement, this Agreement may not be changed without the handwritten (non-electronic) signature of an authorized person of ours.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that your use of your registration name or password and any other use by you of the Website constitutes your electronic signature and authenticates your communications to us.
Registration and Access
To use restricted portions of the Website, if any, or receive certain Services, you may be required to create an account by registering with us online. In creating an account, you must provide us with a unique email address and unique (as to us) username, along with other accurate and complete registration information, as prompted in the registration form. You must promptly notify us if any of this information changes. If you fail to provide or update this information, we may terminate your right to use the Website or Services, or purchase additional Products, and we may not be able to contact you to provide information in which you may be interested. In dealing with us, you may not impersonate another person or misrepresent your authority to act on behalf of others.
We may reject any proposed user name for any reason but shall not be liable for failing to do so. You must keep your password confidential. Login credentials are not transferable. You agree to be solely responsible for the selection, use, and safekeeping of your user name and password, including, without limitation, any use by any unauthorized third party. You should not respond to a request for your password, particularly from someone claiming to be one of our employees. Please notify us immediately if you receive such a request.
We reserve the right to deny you access to the Website, refuse to provide Products or Services, terminate accounts, remove or edit content, or cancel transactions at any time, either temporarily or permanently, for any reason in our sole discretion, including without limitation our determination that you have failed to abide by the terms of this Agreement or appear likely to us to do so. By granting you access at any time, we do not obligate ourselves to do so at any other time, or to maintain the Website in any form, and we expressly reserve the right to modify, suspend, or terminate your access or use privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close the Website and delete any files which you may maintain at the Website and any information which you may choose to post. You should keep a copy of any material which you post to the Website because we will not undertake to retain copies of any material which we or others may delete from the Website.
Payment for Products and Services
Android™ products may be purchased from our website through Google Checkout using Buy Now buttons. Products purchased from our website are non-refundable except in cases where the product fails to function on the buyer’s mobile device. Refunds must be made within 24 hours of purchase in such cases.
Products purchased through other channels will be subject to the refund policy of the respective channel.
For Services we perform, payments shall be made through Google Checkout. We will send you E-Mail invoices for payments for Services rendered.
We may offer Products or Services featured on the Website only in countries allowed under applicable law and where payment, such as Google Checkout, is accepted. The Website is displayed solely for purposes of providing Products and Services entirely from or to such countries.
You may not post, submit or transmit any content that: (i) violates any applicable governmental law, regulation, or rule, including without limitation any employment, labor, or privacy law; (ii) is libelous, defamatory, or slanderous; (iii) is obscene, lewd, offensive, or harassing; (iv) incites, encourages, or threatens immediate physical harm against another or advocates the violent overthrow of the government of the United States; or (v) presents an immediate and genuine danger to another person or entity. You are solely responsible for the wording, customization, accuracy, and legality of all content posted on or handled through the Website or Services.
Due to the potentially large amount of content posted by others on the Website, we generally do not undertake to monitor or control the nature of the content available on the Website. You are solely responsible for your interactions with other users of the Website. We reserve the right but have no obligation to monitor interactions between you and other users of the Website, remove, edit, or take any other action to restrict access to or the availability of any material that we or a user of the Website may consider to be unlawful, obscene, lewd, lascivious, filthy, excessively violent, harassing, threatening, demeaning, offensive, invasive of privacy, or otherwise objectionable.
We expect Website users to take responsibility for their own actions, and cannot assume liability for any third-party acts which take place at the Website. You acknowledge that in responding to complaints regarding any material posted or handled through the Website, we are taking on the role of a Good Samaritan. YOU AGREE TO WAIVE ANY CLAIMS OR REMEDIES WHICH YOU MIGHT OTHERWISE BE ABLE TO MAKE AGAINST US UNDER ANY THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, EMPLOYMENT AND INTELLECTUAL PROPERTY LAWS) ARISING OUT OF OR RELATING IN ANY WAY TO THE CONTENT AT THIS WEBSITE OR OUR RESPONSE, OR FAILURE TO RESPOND, TO A COMPLAINT.
You agree to defend, indemnify and hold us, our shareholders, directors, officers, employees, agents, affiliates, and suppliers (“Indemnified Persons”) harmless from any claims, demand, damage, loss, or expense, including costs and attorneys’ fees, made by any third party due to or arising out of your access to or use of the Website, Products or Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity (“Claim”). If you are obligated to provide indemnification pursuant to this provision, the involved Indemnified Person may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim without the consent of the respective Indemnified Person.
DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS
DISCLAIMER OF WARRANTIES
COMPANY PROVIDES THE WEBSITE, PRODUCTS AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM COMPANY: (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, VIRUSES, INACCURACIES, ERRORS, OR OTHER HARMFUL COMPONENTS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE THAT YOU USE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.
THIRD PARTY SERVICES
ANY THIRD-PARTY LINKS, PRODUCTS, SERVICES, GOODS, RESOURCES, AND INFORMATION THAT WE PROVIDE ON OR MAKE AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THOSE AVAILABLE THROUGH THIRD-PARTY ADVERTISING OR ADVERTISEMENTS, ARE NOT CONTROLLED BY US. ACCORDINGLY, WE MAKE NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES, AND INFORMATION, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, AND COMPLIANCE WITH APPLICABLE LAW, AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY PRODUCTS, SERVICES, RESOURCES, OR INFORMATION.
EXCLUSION OF DAMAGES
COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE, SERVICES, OR PRODUCTS, BASED ON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT, INFRINGEMENT, INVASION OF PRIVACY, OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, THE SERVICES, OR THE PRODUCTS EXCEED THE AMOUNT PAID BY YOU TO US WITH RESPECT TO THE TRANSACTION THAT GIVES RISE TO SUCH LIABILITY.
LIMITATION OF ACTIONS
NOTWITHSTANDING ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, SERVICES, OR PRODUCTS MUST BE MADE IN WRITING PURSUANT TO THE ARBITRATION PROVISION BELOW WITHIN ONE CALENDAR YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR SHALL FOREVER BE BARRED.
Non-Infringement and Other User Conduct
In your use of the Website or any Product or Service, you may not: (i) infringe, misappropriate or violate any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) attempt to or actually disrupt, interfere with, or damage the Website or Services or any web sites linked to the Website, including, without limitation, by using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or other methods or technology; (iii) attempt to use another user’s account, impersonate another person or entity (e.g., pretexting or spoofing); (iv) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access or otherwise restricted to you; (v) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vi) collect, manually or through automated processes, information about other users (without their express consent) or other information relating to the Website or the Services; (vii) use any meta tags or other “hidden text” utilizing our name, trademarks, service marks, or trade dress, or those of permitted suppliers or other sponsors of web pages, Services, or Products on the Website; (viii) link (including “deep linking”) to the Website without our prior express written permission specifying you by name; (ix) engage in any activity that interferes with a third party’s ability to use or enjoy the Website or Services; (x) place or attempt to place unreasonable or disproportionately large loads on the Website or Service infrastructure; or (xi) assist any third party in engaging in an activity prohibited by this Agreement.
You agree that as between you and Company all content included on and software used on or by the Website and any compilations and derivatives thereof, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software and code, and all related intellectual property rights, are the exclusive property of Company, its affiliates or its respective content suppliers, and is protected by United States and international copyright laws. For purposes of this Agreement, the term “affiliates” means any entity or person, directly or indirectly, owning a controlling interest in, or under common ownership control with, Company, or any entity or person in which we, directly or indirectly, own a controlling interest. Except as expressly provided in this Agreement to the contrary, nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without our express, written consent or that of the respective copyright owner. Copyright © 2011 Business Compass LLC. ALL RIGHTS RESERVED.
Business Compass™, the Business Compass logo, iBanker™, Mobile Investment Banker™, and Mobile Statistics Professor™ are trademarks or service marks owned by Company. All page headers, custom graphics, button icons, and scripts, are trademarks, trade dress, or service marks of Company. You hereby acknowledge that any use by you of such trademarks, trade dress, or service marks is for the sole benefit of Company, and all goodwill generated by such use shall inure to our sole benefit. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Company or its affiliates without its or their respective express, written consent. All other trademarks, trade names, service marks and the like that appear on the Website, Services or Products are the property of their respective owners. You may not use any of these trademarks, trade names, trade dress, or service marks without the respective owner’s express permission.
Ownership of Data
You agree that all rights, title, and interest in and to the data generated by or on our system or through contract performance is owned by us, except that certain data provided by third parties pursuant to separate agreements with us may be owned by the respective third party data provider. In the latter case, you agree to comply with such provider’s terms and conditions of use. We may retain, use, or transfer our data as we, in our sole discretion, may determine.
License to Your Content; Your Warranties
By posting, storing, or transmitting any content, you hereby grant us and our affiliates, successors, and assigns a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyrights, publicity, and database rights to such content, in any media now known or created in the future, and to display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content or materials you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. To the maximum extent permitted under applicable law, you hereby irrevocably waive any claims based on moral rights, if any, to such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not negligently or willfully cause injury to any person or entity.
We may retain and use for our own purposes all information you provide, including but not limited to web site demographics and contact and billing information. You agree that we may transfer and disclose to third parties personally identifiable information (“PII”) and other information about you for the purpose of approving and enabling you to receive Products or your participation in the Services, including to third parties that reside in jurisdictions with less restrictive data laws than your own jurisdiction. We disclaim all responsibility, and will not be liable to you, however, for any disclosure of such information by any such third party. We may share aggregate (i.e., not personally identifiable) information about you with advertisers, publishers, business partners, sponsors, and other third parties.
We grant you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Website solely in order to use the Services in full compliance with this Agreement, except that unregistered and unauthorized users may not browse pages of the Website restricted to registered users. You agree not to download, copy, transmit, or modify the Website, or any portion of it without our express, written consent. Such license does not include any rights of resale or commercial use of the Website or its contents; any collection or use of any media metrics (whether ours or others) available on or through the Website, product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, scraping, or similar data gathering or extraction tools. The Website (or any portion of it) may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our prior express, written consent. Any unauthorized use automatically terminates immediately without notice the license granted by us.
We will not be liable for failing to perform under this Agreement by the occurrence of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communication outage, a failure by a service provided to us to perform, fire, threatened or actual act of terrorism, natural disaster, or war.
We will have the right in our sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your account or your access to the Website or Services. Such reasons may but need not include, without limitation: (i) your breach of any part of this Agreement, (ii) your violation of the rights of any third party or of law, (iii) the invalidity of your credit card, (iv) your exceeding your credit card limit, (v) “chargeback” of a fee or other payment, or (vi) your membership account becoming inactive for an extended period of time.
If you are a registered user, you may terminate your account for any reason at any time by terminating it through the “Your Account” feature on the Website, subject to this Agreement.
Effect of Termination
If your account is terminated, we may, in our sole discretion, delete any web sites, files, graphics or other content or materials relating to your use of the Website or Services on our servers or otherwise in our possession. Immediately upon termination, either by you or us, you are not permitted to access or use the Website, Products or Services. We reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website, Products or Services, including, without limitation, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP). If your account is terminated, you must immediately pay us any fees or other amounts that you owe or that are based on your activity prior to termination.
All provisions of this Agreement, except our license and site access to you and your use of the Website and Services, shall survive the termination of this Agreement.
Relationship of Parties
The relationship of Company and its affiliates, successors, and assigns to you is one of independent contractor and customer. Notwithstanding the use of the term “partner” to describe a relationship between us or between us and any of our suppliers, no party to this Agreement intends to create any legal relationship of partnership with any other party, and nothing in this Agreement shall be construed to give any party the power to direct or control the daily activities of, or bind, any other party, or to constitute any combination of parties as principal and agent, employer and employee, franchisor and franchisee, partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking. You agree that we do not owe to you any fiduciary duties.
This Agreement may not be assigned by you without our prior express written consent. Any attempted assignment in violation of this section shall be void and without legal effect. This Agreement is freely assignable by us in our sole and absolute discretion.
If any provision of this Agreement is held unenforceable, the remaining portions thereof shall remain in full force and effect. Without limiting the foregoing, you agree that if any remedy hereunder or thereunder is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth herein or therein shall remain in effect.
By visiting the Website and by our acceptance of your offer to enter into the Agreement, you agree that the Agreement has been entered into in the State of New Jersey of the United States. You further agree that the laws of the State of New Jersey, without regard to its principles of conflict of laws, and applicable federal law will govern this Agreement, and any dispute of any sort that might arise between you and us. Notwithstanding the preceding sentence, the United Nations Convention for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to the interpretation or enforcement of this Agreement. Nothing in this paragraph exempts or excuses you from complying with any laws which may apply to you, including those of the jurisdiction in which you are located. You agree that our Website operates solely in Randolph, New Jersey("Place of Performance"), and that you are using the Internet as your own agent to access and use our Website from the local Internet point of presence (POP) here at our Place of Performance to take delivery of any information, Products or Services at our Place of Performance. This means all operations, services, deliveries, performance and contacts of our Website occur solely at Place of Performance. Our Website does not submit to personal jurisdiction anywhere else and you irrevocably waive any claim to the contrary. You agree that any legal action initiated or maintained by you may only be in such designated state/locale and irrevocably consent to exclusive personal jurisdiction and venue therein.
Arbitration of Certain Disputes
Any dispute relating in any way
to your visit to the Website or to your purchase or use of any Products or
Services shall be submitted to confidential arbitration in Randolph, New Jersey, United States of America, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the State of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Business Compass LLC
20 Timber Lane
United States of America
Email Address: support@BusinessCompassLLC.com
Copyright Policy and Copyright Agent
We respect the intellectual property rights of others, and we expect our users to do the same. In appropriate circumstances, and in our sole discretion, we may but are not required to terminate the rights of any user to use the Website (or any part thereof) who infringes the intellectual property rights of others. Subject to the foregoing, it is our policy to terminate in appropriate circumstances users who are repeat infringers. If you believe that a user of the Website or Services has infringed the intellectual property rights of another, please provide the following information to the Copyright Agent specified below.
· An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
· A description of the intellectual property interest that you claim has been infringed upon;
· A detailed description of where the material that you claim is infringing is located on the Website, including the URL where the infringing material appears or is evident;
· Your address, telephone number and email address;
· A statement that you have a good faith belief that the disputed use is not authorized by the intellectual property rights owner, its agent, and or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the intellectual property rights involved, or are authorized to act on behalf of such owner.
You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to Company’s designated agent for notice of claims of copyright infringement on the Website at the following addresses:
20 Timber Lane
Randolph, NJ 07869
Tel: +1 (973) 944-3989
20 Timber Lane
Randolph, NJ 07869
United States of America
Please note that this procedure is exclusively for notifying us that intellectual property rights have been infringed. This policy is intended to comply fully with the requirements of the Online Copyright Infringement Liability Limitation Act.