Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the Trade Wins web site located at www.tradewinsconsulting.com, and all associated sites linked to www.tradewinsconsulting.com by Trade Wins, LLC, its subsidiaries and affiliates. The Site is the property of Trade Wins, LLC. Trade Wins, LLC and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Trade Wins LLC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Trade Wins grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Trade Wins LLC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Trade Wins express prior written consent.
Your Use of the Site
The information contained on this Website and the resources available for
download through this website is not intended as, and shall not be understood
or construed as, financial advice. We are not attorneys, accountants or
financial advisors, nor are we holding ourselves out to be, and the
information contained on this Website is not a substitute for financial
advice from a professional who is aware of the facts and circumstances of
your individual situation. We have done our best to ensure that the
information provided on this Website and the resources available for
download are accurate and provide valuable information. Regardless of
anything to the contrary, nothing available on or through this Website
should be understood as a recommendation that you should not consult with
a financial professional to address your particular information.
The Company expressly recommends that you seek advice from a professional.
Neither the Company nor any of its employees or owners shall be held liable
or responsible for any errors or omissions on this website or for any damage
you may suffer as a result of failing to seek competent financial advice or
professional legal advice from a professional who is familiar with your
situation.
The information contained in the consulting discussions and videos
for view are not intended as, and shall not be understood or construed
as, financial advice. We are not attorneys, accountants or financial
advisors, nor are we holding ourselves out to be, and the information
contained on this Website is not a substitute for financial advice
from a professional who is aware of the facts and circumstances of
your individual situation. We have done our best to ensure that the
information provided in those discussions and videos are accurate and
provide valuable information. Regardless of anything to the contrary,
nothing available on or through those discussions should be understood
as a recommendation that you should not consult with a financial
professional to address your particular information. The Company
expressly recommends that you seek advice from a professional. Neither
the Company nor any of its employees or owners shall be held liable or
responsible for any errors or omissions on this website or for any
damage you may suffer as a result of failing to seek competent financial
advice or professional legal advice from a professional who is familiar
with your situation. Neither the Company nor any of its employees
or owners shall be held liable or responsible for any financial loss,
mental health issues, business failure, offenses, or any failures that
could occur. If attorneys are required, to defend ourselves against
you personally or your company in any claims made against us you will
be responsible for those fees.
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Trade Wins, LLC reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site., or any other customer of Trade Wins, LLC, including any Trade Wins account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Trade Wins, LLC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Trade Wins, LLC or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Trade Wins, LLC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Trade Wins, LLC or any other user of or visitor to the Site due to someone else using your, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. Trade Wins, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites and to the Trade Wins consulting Site
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under control of Trade Wins, LLC, and Trade Wins, LLC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
TRADE WINS, LLC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TARDE WINS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRADE WINS, LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY TRADE WINS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TRADE WINS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Trade Wins, LLC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Trade Wins, LLC be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Trade Wins, LLC has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold Trade Wins, LLC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, members, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Trade Wins, LLC by any third party due to or arising out of or in connection with your use of the Site.
You agree to indemnify and hold Trade Wins, LLC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, members, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Trade Wins, LLC by any third party due to or arising out of or in connection with us directly or in-directly running and helping to run your business.
Violation of These Terms of Use
Trade Wins, LLC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Trade Wins, LLCs rights or property, or the rights or property of visitors to or users of the Site. Trade Wins, LLC reserves the right at all times to disclose any information that Trade Wins, LLC deems necessary to comply with any applicable law, regulation, legal process or governmental request. Trade Wins, LLC also may disclose your information when Trade Wins, LLC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Trade Wins, LLC may preserve any transmittal or communication by you with Trade Wins, LLC through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Trade Wins, LLC determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Trade Wins, LLC, its employees, users of or visitors to the Site, and the public.
You agree that Trade Wins, LLC may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Trade Wins, LLC , for which monetary damages would be inadequate, and you consent to Apple obtaining any injunctive or equitable relief that Trade Wins, LLC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Trade Wins, LLC may have at law or in equity.
You agree that Trade Wins, LLC may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Trade Wins, LLC does take any legal action against you as a result of your violation of these Terms of Use, Trade Wins, LLC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Trade Wins, LLC. You agree that Trade Wins, LLC will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Missouri without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts inJackson County Missouri, and waive any objection to such jurisdiction or venue.
Void Where Prohibited
Trade Wins, LLC administers and operates the www.Tradewinsconsulting.com Site from its location in Jackson County, Missouri. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Trade Wins, LLC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Trade Wins, LLC with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Trade Wins, LLC with respect to such use are hereby superseded and canceled. Other than as provided in a purchase agreement you enter into with Trade Wins, LLC, Trade Wins, LLC will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Trade Wins, LLC’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Trade Wins, LLC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Trade Wins, LLC and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Trade Wins, LLC shall be free to use such information on an unrestricted basis.