Revised February 15, 2018
THIS IS A CONTRACTUAL AGREEMENT BETWEEN YOU AND ASCENDANCE INNOVATION INC. AND/OR ITS WHOLLY OWNED SUBSIDIARY AND AFFILIATE COMPANIES. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCESSING OUR WEB SITES, OR PURCHASING, SUBSCRIBING OR USING ANY OF OUR PRODUCTS AND SERVICES.
This website is operated by Ascendance Innovation, Inc. and/or its controlled, owned or operated subsidiaries, affiliate, partner, sister companies and/or brands (“Ascendance”). Throughout the site, the terms “we”, “us” and “our” refer to Ascendance. Ascendance offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our (“service”, “services”) and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our websites. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any malware or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Our websites only support the latest versions of the following desktop and mobile browsers:
- Google Chrome
- Internet Explorer
- Microsoft Edge
- Mozilla Firefox
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
We may offer monthly and annual subscription access to certain content and/or services on our websites. This contract governs these subscriptions and all resources associated with these services.
The subscription services offered by us may include video services and any other features, content, or applications offered from time to time that link to these Terms of Service in connection with our business (collectively, the “services”). These services are provided through several websites operated by Ascendance. Our websites and services are based in the United States and are hosted in the United States. Unless otherwise specifically stated by us, subscriptions to our services grants no rights to our consulting services, facilities services, graphics or web design services, information technology services or any other product, service, or tools not specifically enumerated. These services can be purchased from us at an additional fee.
Subscriptions to certain services offered from time to time will be available at the cost and for the subscription period advertised on the applicable websites. Costs are subject to change and posted prices are only valid if you subscribe for that period before a change takes effect. Typographical errors and apparent errors in posted price will not be effective subscription prices. You must prepay for the term of the subscription.
Subscriptions renew automatically every subscription period unless canceled by either party. Unless otherwise notified by us, your credit card account will be automatically charged within 10 days prior to the expiration of the term of your subscription. In addition, we may seek pre-authorization of your credit card account for each renewal to verify that the credit card is valid and has the necessary funds or credit available for your renewal.
Cancellations are processed upon receipt of the cancellation request. Upon cancellation, all fees and charges are nonrefundable.
Unless otherwise specified or obligated by an annual contract term, you may cancel your monthly subscription service(s) at any time upon providing us written notice at least 30 days prior to the requested date of cancellation.
Annual subscriptions paid monthly, can only be cancelled after the initial twelve-month subscription term is completed.
CERTIFICATES OF COMPLETION
From time to time, we may offer or provide Certificates of Completion for successful completion of free or fee based educational or training curriculum offered on our websites. You acknowledge and agree that any certifications provided on our websites solely pertain to the content made available on our websites and, unless otherwise specified, are not affiliated in any way with any third-party certification or licensing process. We expressly disclaim any and all warranties that any accrediting agency, current or potential employer will attach any significance to your receipt of a certificate of completion for any course taken on our website.
REGISTRATION AND SECURITY
All registration information you submit to create an account must be accurate and kept up to date. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another user at any time and not to allow any other person to use your account. Your account is not transferable. You agree to notify us immediately if you suspect any unauthorized use of, or access to, your account or password.
PURCHASING PRODUCTS OR SERVICES
We make no warranty, and accept no liability for any loss or damages whatsoever, relating to or in connection with your access to our websites. We provide no refunds for, make no warranty for, and accept no liability regarding purchases you make on our websites. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event a Processor experiences a data breach that affects your Personal Financial Information, Ascendance will in no way be responsible or liable to you for any such breach.
We are not required to store any record of Personal Financial Information related to purchases or other transactions you make through us. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address or phone number you provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be fraudulent, high risk, or placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our websites. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain any libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Ascendance does not knowingly accept, via our websites or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Ascendance requests that you do not make any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Ascendance creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If you do send any submissions to Ascendance via our websites or otherwise that are unsolicited (including but not limited to any blog, comment, forum or review), however, you agree that (i) your unsolicited submissions are not being made in confidence or trust and that by making such submissions no contractual or fiduciary relationship is created between you and Ascendance; (ii) any such unsolicited submissions and copyright become the property of and will be owned by Ascendance (and are not User Content licensed by you to Ascendance) and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Ascendance sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the right to make any claim against Ascendance relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
EXPOSURE TO USER CONTENT
You understand that Ascendance does not control the User Content posted by users via our websites and services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. Ascendance assumes no responsibility or liability for this type of content. Ascendance assumes no responsibility for monitoring our websites or services for inappropriate User Content or user conduct. If at any time, Ascendance chooses in its sole discretion to monitor our websites and services, we nonetheless assume no responsibility for Content other than Ascendance Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our websites or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, information, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend or clarify information in the service or on any of our websites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any of our websites, should be taken to indicate that all information in the service or on any of our websites has been modified or updated.
LIMITED CONTENT LICENSE
Our websites and services are offered for your personal or business use only and may not be used for multiple businesses or persons. Our services contain information, text, files, images, video, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of Ascendance, its licensors, or assignors (“Ascendance Content”), as well as Content provided by users or other third parties. Content contained in the websites and services is protected by copyright, trademark, patent, trade secret and other laws and Ascendance, its licensors, or its assignors, own and retain all rights in the Ascendance Content.
Except as explicitly and expressly permitted by Ascendance or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Ascendance Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in our websites, products and services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in our websites, products and services including geo-filtering mechanisms. Except as necessary in order to make reference to Ascendance, its products and services in a purely descriptive capacity, you are expressly prohibited from using any Ascendance Content in any manner.
Ascendance does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, “Transmit”) on, through or in connection with the Ascendance websites, social media, products or services, except with respect to your unsolicited submissions, as described under “Unsolicited Submissions”; provided, however, that User Content shall not include any Ascendance Content or content owned by an Affiliate. By posting or transmitting any User Content on, through or in connection with the Ascendance websites, social media, products or services, you hereby grant to Ascendance and our Company Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sub-licensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, Ascendance is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including Ascendance websites, social media, products or services. Ascendance’ use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint Ascendance as your agent with full authority to execute any document or take any action Ascendance may consider appropriate in order to confirm the rights granted by you to Ascendance in this Agreement.
You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the Ascendance websites, social media, products or services, or otherwise have the right to grant the license set forth in this Section, and (ii) the Transmission of User Content by you on, through or in connection with the Ascendance websites, social media, products or services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the Ascendance websites, social media, products or services or Third Party Services.
If you delete your User Content from the Ascendance websites, social media, products or services, license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in back-up copies of the Ascendance websites, social media, products or services, which are not publicly available. Furthermore, to the extent that Ascendance made use of your User Content before you deleted it, Ascendance will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from the Ascendance websites, social media, products or services will not result in, and Ascendance assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from the Ascendance websites, social media, products or services, and (ii) termination of your account or your use of the Ascendance Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
You are solely responsible for your interactions with other users of Ascendance’ websites and services, providers of Third Party services or any other parties with whom you interact on, through or in connection with our services. Ascendance reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.
You understand that you are responsible for all content that you post, upload, transmit, email or otherwise make available on Ascendance websites, social media or on, through or in connection with Ascendance Services (collectively, “User Content”). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.
You agree not to use the Ascendance websites, social media, products or services to:
- Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising Ascendance’ websites, products or services;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Ascendance websites, social media, products or services, including Ascendance’ servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Ascendance’ websites, social media, products or services;
- Delete or revise any information provided by or pertaining to any other user of the Ascendance websites, social media, products or services;
- Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Ascendance websites, social media, products or services, or to circumvent or modify any security technology or software that is part of the Ascendance websites, social media, products or services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Ascendance websites, social media, products or services. If you do so, you acknowledge you will have caused substantial harm to Ascendance, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Ascendance $75 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person’s consent, if consent is required;
- Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Ascendance Content; or building a business using the Ascendance Content) without Ascendance’ prior written consent;
- Use the Ascendance websites, social media, products or services to advertise or promote competing services;
- Use the Ascendance websites, social media, products or services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
Ascendance reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and Ascendance assumes no responsibility for any loss of your User Content due to its being removed by Ascendance or for any other reason.
THIRD-PARTY APPS, SOFTWARE, PLUGINS OR TOOLS
We, or the products and/or services we offer, may provide you with access to third-party apps, software, plugins or tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such third-party apps, software, plugins or tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party apps, software, plugins or tools. Any use by you of third-party apps, software, plugins or tools offered through our websites or the products or services we offer is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which third-party apps, software, plugins or tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new third-party apps, software, plugins or tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS AND SERVICES
Certain content, products and services available via our service may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third- party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products, services or websites should be directed to the third-party.
ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE WEBSITE, PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES MAKES NO WARRANTY THAT YOUR USE OF THE ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS AND SERVICES WILL BE CORRECTED, THAT THE ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS AND SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS OR SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS OR SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS OR SERVICES, ATTENDANCE AT AN ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS OR SERVICES, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS OR SERVICES, OR THE CONDUCT OF ANY USERS OF THE ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS OR SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS OR SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS OR SERVICES.
In the event any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
We may terminate your account and/or access to our websites and services at any time, for any or no reason, with or without prior notice or explanation, and without liability.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our websites.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our websites, products, services (or any part thereof).
You agree that any notices that may be required by Applicable Law to send to you will be effective upon our sending an e-mail message to the e-mail address you have on file with Ascendance or publishing such notices on the Ascendance websites.
LIMITATION OF LIABILITY
IN NO EVENT WILL ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS AND SERVICES. IN JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES FOR THE ASCENDANCE SERVICES DURING THE TERM OF YOUR USE OF THE ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS OR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIE’S ACTS OR OMISSIONS OR YOUR USE OF THE ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS AND SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF ASCENDANCE INNOVATION INC. AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS AND SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ASCENDANCE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
UNITED STATES JURISDICTION
Ascendance provides websites, products and services in the United States of America. Ascendance does not represent that our Content, websites, products, services are appropriate (or, in some cases, available) for use in other locations. If you use our websites, products or services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of Ascendance websites, products or services.
Not all products and services are available worldwide or nationwide, and Ascendance makes no representation that you will be able to obtain any product or service in any particular jurisdiction, either within or outside of the United States.
UNITED STATES EXPORT CONTROLS
Some hardware and software available in connection with Ascendance’ websites, products and services may be further subject to United States export controls. No such software may be downloaded from Ascendance’ websites or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk.
These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law provisions.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this web page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our websites. It is your responsibility to check our websites periodically for changes. Your continued use of or access to our websites or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at - email@example.com.
BY USING THE ASCENDANCE INNOVATION INC AND ITS WHOLLY OWNED AFFILIATE COMPANIES WEBSITES, PRODUCTS AND SERVICES YOU ACKNOWLEDGE YOU HAVE READ AND YOU AGREE TO THESE TERMS OF SERVICE.