Last updated: May 29, 2017
Terms is an electronic contract that sets out the legally binding terms of your use of the Website. By using the Website, you accept the Terms and agree to the provisions, conditions, and notices contained or referenced herein.
We may change the Terms on occasion as the need arises. If we modify Terms, we will make it available through the Website and revise the date of revision. In the event we make material modification that changes your rights or obligations, we will notify you of those changes by posting an announcement via the Website. It is your responsibility to periodically review the Terms. The modified Terms are effective upon your continued use of the Website. If you do not agree with changes to the Terms, you may discontinue your use of the Website.
3. ELIGIBILITY TO USE
The Website is intended for residents of the United States of America who are at least eighteen (18) years of age. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all of the terms, conditions and notices contained or referenced herein.
You may provide comments, and suggestions for improvements to the Website at email@example.com, and you hereby grant to us a nonexclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free license to use such feedback to improve the Website. We shall not disclose such feedback in any way that would disclose your Personal Information without first obtaining your explicit permission.
6. INFORMATION MAINTENANCE
The Website may contain information that includes typographical errors or inaccuracies. Dated information is represented as of the date published. We assume no obligation or responsibility to correct or amend any such information.
We reserve the right to update the information on the Website and to suspend access to our website in our sole discretion, at any time, with or without notice to you.
7. LINKS TO THIRD PARTIES
The Website may contain links to third-party websites, products, services, or other resources that are not owned or controlled by Compendium. We do not endorse or assume any responsibility for third-party websites, content, products or services. We provide these links only as a convenience to you. If you access any third-party website, content, product or service via the Website, you accept and agree that you do so at your own risk.
8. USE OF THIS SITE
Content provided on the Website is meant to educate users about Compendium’s view regarding matters relating to finance, including but not limited to investing, financial planning, and information about various financial products, calculations, etc. This does not constitute personal financial advice nor does it create or assume any contractual or fiduciary relationship between Compendium and users.
The following are some factors that you must consider when determining your acceptance of the Terms.
Investing in securities involves risk, including the risk that you could lose your entire investment. By using the Website, you understand and accept the following:
- i. Past performance is no guarantee of future results;
- ii. Any tools (e.g., the Compendium Finance Fee Calculator) involve assumptions based upon a number of variables. Any one or all of these assumptions, whether or not supported by past experience, could prove over time to be incorrect.
- iii. No personalized investment-related advice is provided on the Website. For personalized advice speak with your investment, financial, and/or tax advisor before making specific decisions and taking specific actions.
9. THIRD PARTY AGREEMENTS
You accept and agree that Terms are strictly between you and us, not with any third party, and that we are solely responsible for the Website. Your use of the Website may be subject to other and separate agreements that you may enter into with your mobile device manufacturer, your operating system manufacturer and your wireless carrier or networking providers. You acknowledge, accept and agree to comply with all applicable third party terms when using the Website. Compendium is neither a party to those agreements nor has responsibility for the products and services provided by third parties. If you have access to or are using the Website, you accept and agree that third parties are beneficiaries of the Terms and shall have the right (and will be deemed to have accepted the right) to enforce this Term against you as a third party beneficiary.
10. PROHIBITED ACTIVITIES
By using the Website, you agree not to engage in any of the following:
- i. Breach the Terms that you have entered into with Compendium;
- ii. Violate any applicable domestic or international law, statute, ordinance or regulation, or exploit the Website for any illegitimate purposes;
- iii. Violate, infringe, or misappropriate Compendium’s or a third party’s copyright, patent, trademark, trade secrets and other intellectual property rights, or rights of publicity or privacy;
- iv. Post, upload, or distribute any content objectionable to Compendium that includes but not limited to: (i) is fraudulent, false, misleading or deceptive; (ii) is defamatory, obscene, pornographic, vulgar or offensive, (iii) or is hateful, harassing, or threatening;
- v. Attempt to disrupt the normal operation of the service to the detriment of Compendium and consumers of the Website, including without limitation (i) interfering with the access of any user, host or network, (ii) circumventing or impairing any technological measure implemented by Compendium or any other third to protect the Website; (iii) broadcasting or posting any unsolicited or unauthorized electronic communication to users of the Website or associated third parties; (iv) introducing any virus or similar malicious malware; (v) and collecting from the Website any personally identifiable information of users or third parties without their express permission;
- vi. Reverse-engineer, decompile, disassemble, modify or create derivative of the software used to provide the Website;
- vii. Monitor or duplicate the Website using manual techniques or automated agents such as spiders, robots, crawlers, meta tags and data miners;
- viii. Encourage or enable any other individual to do any of the foregoing.
11. YOUR GENERAL REPRESENTATIONS AND WARRANTY
You represent and warrant to us that you have made an independent assessment of the content we offer and have determined that the Website is appropriate for you.
12. INTELLECTUAL PROPERTY
Compendium is the sole owner and operator of the Website. The text, graphics, images, photos, animation, music, sounds, user experience, data, source and object code, products, services and all other materials contained within the Website are protected by all the United States of America and international copyright laws, intellectual property and proprietary rights and trademark and other applicable laws. Without the express written consent of Compendium, you may not in any way derive or exploit materials contained within the Website, including but not limited to posting, copying, imitating, republishing, reproducing, linking or framing with a website.
You expressly understand, agree and accept that your use of the Website shall be at your own risk. To the fullest extent permitted by applicable law, you understand, agree and accept to defend, indemnify and hold harmless Compendium and its officers, directors, employees, licensors and agents from and against all claims, disputes, damages, losses and expenses of any kind including reasonable attorney fees and costs arising out of or in any way connected with: (i) your access to or use of the Website; (ii) your breach of the Terms; (iii) your violation of any third-party right; or (iv) any disputes or issues between you and any third party.
14. WARRANTY DISCLAIMERS
YOU ACKNOWLEDGE, ACCEPT AND AGREE THAT THE COMPENDIUM WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND SUITABILITY FOR A PARTICULAR PURPOSE. YOUR USE OF THE WEBSITE, THE CONTENT, AND ANY INFORMATION OBTAINED THROUGH YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND YOU ASSUME RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OR ACCESS TO THE WEBSITE.
WE MAKE NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE COMPENDIUM WEBSITE OR ANY OTHER WEBSITES REFERENCED TO IN OR LINKED TO THESE TERMS; AND WE WILL NOT BE LIABLE FOR THE PRIVACY OF EMAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON OUR EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY OUR WEBSITE OR OTHERWISE ASSOCIATED WITH YOUR USE OF THE WEBSITE.
WE MAKE NO GUARANTEE THAT THE USE OF THE WEBSITE WILL BE (i) AVAILABLE, SECURE, TIMELY, UNINTERRUPTED, AND FREE OF ERRORS; (ii) COMPATIBLE WITH ANY CONSUMER-OWNED DEVICE, SOFTWARE, OR NETWORKING PROVIDER; (iii) AVAILABLE IN ANY DOMESTIC UNITED STATES LOCATION; (iv) OR FREE OF VIRUSES OR OTHER MALWARE.
THE WEBSITE AND CONTENT PROVIDED THROUGH THE WEBSITE ARE SOLELY INFORMATIONAL IN PURPOSE. BY YOUR USING THE WEBSITE, COMPENDIUM IS NOT SERVING AS YOUR FIDUCIARY, DEALER, BROKER, INVESTMENT ADVISOR, BANK, CREDIT UNION, OR OTHER DEPOSITORY INSTITUTION. COMPENDIUM MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE BENEFITS THAT MAY BE OBTAINED THROUGH THE USE OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPENDIUM, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IF YOU CHOOSE TO RELY ON SUCH INFORMATION, YOU DO SO SOLELY AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND UNDERSTAND THAT COMPENDIUM VIA THE WEBSITE DOES NOT MAKE PERSONALIZED RECOMMENDATIONS OR SERVE AS A FULFILLMENT AGENT FOR FINANCIAL PRODUCTS AND SERVICES OR SERVE AS AN INTERMEDIARY BETWEEN YOU AND THIRD PARTY FULFILLMENT PARTNERS THROUGH WHOM FINANCIAL PRODUCTS AND SERVICES ARE OFFERED. WE DO NOT ENDORSE, WARRANT OR GUARANTEE THAT ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM THIRD PARTIES WILL BE MOST SUITABLE FOR YOUR NEEDS AND MEET YOUR EXPECTATIONS. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION (i)THE INACCURACY OR INCOMPLETENESS OF ANY PRODUCT AVAILABILITY; (ii) PRODUCT PRICE OR RELATED INFORMATION APPEARING ON THE WEBSITE; (iii) OR THE AVAILABILITY OR LEGALITY OF OFFERINGS FROM THIRD PARTIES.
COMPENDIUM ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE TIMELINESS, ACCURACY, OR COMPLETENESS OF ANY CONTENT OR OTHER DATA AND DOCUMENTS THAT ARE REFERENCED BY, LINKED TO, OR PROVIDED BY OR THROUGH THE WEBSITE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPENDIUM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE OF DATA, GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR RELATING TO THESE TERMS OR FROM THE ACCESS TO OR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPENDIUM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIABILITY OF COMPENDIUM’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16. GOVERNING JURISDICTION AND VENUE
These Terms and any action related hereto shall be governed by the laws of the State of Virginia without regard to conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and us agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Fairfax County, Virginia for the purpose of litigating all such disputes.
17. DISPUTE AND ARBITRATION
17.1 Agreement to Arbitrate
You and Compendium agree that any and all disputes, claims, or controversies arising in connection with Terms or your relationship with Compendium as a user of its Website (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms) shall be resolved by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury. There may be more limited discovery than in court. The arbitrator must follow the Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Terms.
Notwithstanding the provision 17.1 above, you and Compendium both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (i) bring an individual action in a United States small claims court, (ii) pursue enforcement actions through applicable United States federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
17.3 Arbitration Rules
Any arbitration between you and us will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by the Terms. You and Compendium agree that these Terms affect interstate commerce, so the United States Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as filing instructions and forms are available by contacting Compendium, online at adr.org, or you may call the AAA at 1-800-778-7879.
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
17.5 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Compendium’s address for Notice is:
Compendium Finance, LLC
13880 Dulles Corner Lane, Suite 300
Herndon, VA 20171
The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Compendium may commence an arbitration proceeding.
Unless you and Compendium otherwise agree, the arbitration will be conducted in Fairfax County, Virginia, provided your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Compendium submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
During the arbitration, the amount of any settlement offer made by you or Compendium shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Compendium shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by Compendium in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00 USD, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor Compendium shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
17.6. Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorney fees and expenses, to the extent provided under applicable law.
In the event that Compendium makes any future change to this arbitration provision (other than a change to our address for Notice), you may reject any such change by discontinuing use of the Website.
17.8. Class Action Waiver
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND COMPENDIUM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree otherwise, arbitrator or judge may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If the class action waiver in 17.8 above is found to be unenforceable in arbitration or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any action arising out of or related to the Terms.
19. HOW TO CONTACT US
If you have questions or concerns regarding the Terms, feedback pertaining to the Website that you would like us to consider, or are a California resident and wish to have a copy of the Terms mailed to you electronically, please write or email us at: