Terms and Conditions

Terms of Use 

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. 

 

RECITALS 

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.  

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes and agreement to abide by those changes as modified and all applicable laws, rules and regulations (“Applicable Law”). It is therefore important that you review these Terms of Use regularly. If you do not agree to be bound by these Terms of Use and to abide by all Applicable Law, you must discontinue use of our websites and services immediately. 

 

WEBSITE TERMS 

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.  

 

ADDITIONAL TERMS 

Your access to and use of certain services may require you to accept additional terms and conditions applicable to such services, in addition to these Terms of Use, and may require you to download software or content (as defined below). In the event of a conflict between any such additional terms and these Terms of Use, such additional terms will prevail.  

 

GENERAL CONDITIONS 

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.  

 

WEB BROWSERS 

Our websites only support the latest versions of the following desktop and mobile browsers: 

  • Google Chrome 
  • Internet Explorer 
  • Microsoft Edge 
  • Mozilla Firefox 
  • Safari 

 

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.  

 

SUBSCRIPTION SERVICES 

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. 

 

SUBSCRIPTION COSTS 

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. 

 

SUBSCRIPTION RENEWALS 

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. 

 

SUBSCRIPTION CANCELLATIONS 

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 

In connection with a purchase of any product, service or subscription on our website(s), you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card and billing information (collectively, “Personal Financial Information”), to an independent third party not affiliated with us (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for any product, service or subscription shall be governed by the terms of use/service and privacy policies of the Processor. If you make a purchase from us you are warranting that you are authorized to make the purchase using the form of payment that you provide to the Processor. You must be 18 years of age or older to purchase any product, service or subscription on our websites. 

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.  

 

UNSOLICITED SUBMISSIONS 

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. 

 

PERSONAL INFORMATION  

Your submission of personal information to our websites is governed by our Privacy Policy. Our Privacy Policy is posted on our websites and incorporated into and is a part of these Terms of Use by this reference.  

 

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.  

Ascendance hereby grants you a limited, revocable, non-sub-licensable, non-exclusive license to access and display or perform the Ascendance Content (excluding any software code) solely for your personal or business use in connection with using our services. If Ascendance elects to grant you greater rights than set forth herein (which rights may only be granted in an express writing), such grant of rights will be revocable at will without cause by Ascendance, unless expressly stated otherwise. Except as provided in these Terms of Use or as explicitly allowed on our services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in our websites, products or services. 

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. 

 

 

USER CONTENT 

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. 

 

USER DISPUTES 

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. 

 

PROHIBITED USES  

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, but disclaims any obligation or responsibility, to remove User Content that violates these Terms of use, as determined by Ascendance, or for any other reason, in Ascendance’ sole discretion and without notice to you. You acknowledge Ascendance reserves the right to investigate and take appropriate legal action against anyone who, in Ascendance’ sole discretion, violates these Terms of Use, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities. 

You acknowledge, consent and agree that Ascendance may access, preserve or disclose information you provide to the Ascendance websites, social media, products or services, including User Content and your account registration information, including when Ascendance has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Ascendance, our parents, subsidiaries or affiliates (“Company Affiliates”), or their employees, agents and contractors (including enforcement of these Terms of Use or our other agreements); (ii) protect the safety, privacy, and security of users of the Ascendance websites, social media, products or services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities. If Ascendance sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Ascendance may transfer your information to the party or parties involved in the transaction as part of that transaction. 

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.  

Ascendance’ websites, products and services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third Party Services”). When you engage with a provider of a Third-Party Service, you are interacting with the third party, not with Ascendance. If you choose to use a Third-Party Service and share information with it, the provider of the Third-Party Service may use and share your data in accordance with its privacy policy and your privacy settings on such Third-Party Service. Ascendance encourages you not to provide any personally identifiable information to or through any Third-Party Service unless you know and are comfortable with the party with whom you are interacting. In addition, the provider of the Third-Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Ascendance is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on Ascendance’ websites, products or services does not imply approval or endorsement of the Third-Party Service. Ascendance is not responsible for the content or practices of any websites other than the Ascendance websites, even if the website links to the Ascendance websites and even if it is operated by a Company Affiliate or a company otherwise connected with the Ascendance websites. By using the Ascendance websites, products or services, you acknowledge and agree that Ascendance is not responsible or liable to you for any content or other materials hosted and served from any website other than the Ascendance websites. When you access Third Party Services, you do so at your own risk. 

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.  

 

 

DISCLAIMER  

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. 

 

INDEMNIFICATION  

You agree to indemnify and hold Ascendance Innovation, Inc., its wholly owned affiliate companies, our parent companies, subsidiaries, affiliates, partners, shareholders, executives, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your use or misuse of Ascendance Innovation, Inc., its wholly owned affiliate companies websites, products or services (including, without, limitation, any use of your account, whether or not authorized by you), your breach of these Terms of Use, your violation of any rights of another or any content that you transmit through Ascendance Innovation, Inc., its wholly owned affiliate companies websites, products or services. 

 

SEVERABILITY  

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.  

 

TERMINATION  

Unless terminated by us in our sole discretion, these Terms of Use remain in full force and effect while you use our websites and services. You may terminate your account on any of our websites or services at any time, for any reason, by contacting our Customer Care Team.  

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).  

 

NOTICES 

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. 

 

RELATIONSHIP 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ascendance as a result of these Terms of Use or your use of our websites, products and services. A printed version of these Terms of Use and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent as other business documents and records originally generated and maintained in printed form. 

Nothing contained in these Terms of Use limits Ascendance right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Ascendance or information provided to or gathered by us in connection with such use. 

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. 

 

ENTIRE AGREEMENT  

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. 

 

GOVERNING LAW  

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.  

You and Ascendance agree to submit to the exclusive jurisdiction of the courts located in Brevard County, Florida to resolve any dispute arising out of these Terms of Use or Ascendance’ websites, products or services.  

YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE. 

 

 

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.  

 

CONTACT INFORMATION  

Please contact the Site Administrator on the applicable Ascendance’ website with any questions regarding these Terms of Use. 

Questions about the Terms of Service should be sent to us at - legal@ascendit.io.  

 

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. 

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