TERMS
OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS
WEBSITE.
By using this website, you signify your consent to these terms of use.
If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related
websites operated by [Ascension Advising Solutions, LLC] is subject to the
following terms and conditions (“Terms of Use”) and all applicable laws. By
accessing and browsing the Site, you accept, without limitation or
qualification, the Terms of Use and acknowledge that any other agreements
between you and the Site are superseded and of no force or effect:
1. You agree that the Site itself, as well as all content, videos,
training materials, products, services and/or other materials, made available
on the Site by us or other third parties, as well as the look and feel of all
of the foregoing, (collectively referred to as the “Content”) are maintained
for your personal use and information by [Ascension Advising Solutions, LLC],
(the “Company”) and are the property of the Company and/or its third party
providers. You agree that such Company Content shall include all proprietary
videos, HTML/CSS, JavaScript, graphics, voice, and sound recordings, artwork,
photos, documents, and text as well as all other materials included in the
Site, excluding only the materials you provide. Subject to your compliance with
these Terms of Use, the Company hereby grants you a limited license, which is
non-exclusive, non-transferable, and non-sublicensable, to access, view, and
use the Site solely for your personal purposes. No Company Content may be
copied, reproduced, republished, uploaded, posted, transmitted, distributed,
used for public or commercial purposes, or downloaded in any way unless written
permission is expressly granted by the Company. Modification of the Content or
use of the Content for any other purpose is a violation of the copyright and
other proprietary rights of the Company, as well as other authors who created
the materials, and may be subject to monetary damages and penalties. You may
not distribute, modify, transmit or use the content of the Site or any Content,
including any and all software, tools, graphics and/or sound files, for public
or commercial purposes without the express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and
sound files, and other materials contained in the Site, are copyrighted unless
otherwise noted and are the property of the Company and/or a supplier to the
Company. No such materials may be used except as provided in these Terms of
Use.
3. All trade names, trademarks, and images and biographical
information of people used in the Company Content and contained in the Site,
are either the property of, or used with permission by, the Company. The use of
Content by you is strictly prohibited unless specifically permitted by these
Terms of Use. Any unauthorized use of Content may violate the copyright,
trademark, and other proprietary rights of the Company and/or third parties, as
well as the laws of privacy and publicity, and other regulations and statutes.
Nothing contained in this Agreement or in the Site shall be construed as
granting, by implication or otherwise, any license or right to use any
Trademark or other proprietary information without the express written consent
of the Company or third-party owner. The Company respects the copyright,
trademark and all other intellectual property rights of others. The Company has
the right, but has no obligation, to remove content and accounts containing
materials that it deems, in its sole discretion, to be unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these Terms of
Use. If you believe that your intellectual property rights are being violated
and/or that any work belonging to you has been reproduced on the Site or in any
Content in any way, you may notify Company at [Ascension Advising Solutions, LLC].
Please provide your name and contact information, the nature of your work and
how it is being violated, all relevant copyright and/or trademark registration
information, the location/URL of the violation, and any other information you
believe is relevant.
4. While the Company uses reasonable efforts to include accurate
and up-to-date information in the Site, the Company makes no warranties or
representations as to its accuracy. The Company assumes no liability or
responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you
expressly consent to receive any notices, announcements, agreements,
disclosures, reports, documents, communications concerning new products or
services, or other records or correspondence from the Company. You consent to
receive notices electronically by way of transmitting the notice to you by
email.
6. If you send comments or suggestions about the Site to the
Company, including, but not limited to, notes, text, drawings, images, designs
or computer programs, such submissions shall become, and shall remain, the sole
property of the Company. No submission shall be subject to any obligation of
confidence on the part of the Company. The Company shall exclusively own all
rights to (including intellectual property rights thereto), and shall be
entitled to unrestricted use, publication, and dissemination as to all such
submissions for any purpose, commercial or otherwise without any acknowledgment
or compensation to you.
7. The Company shall use commercially reasonable efforts to
restrict unauthorized access to our data and files. However, no system whether
or not password protected can be entirely impenetrable. You acknowledge that it
may be possible for an unauthorized third party to access, view, copy, modify,
or distribute the data and files you store using the Site. Use of the Site is
completely at your own risk.
8. The Company will not intentionally disclose any personally
identifying information about you to third parties, except where the Company,
in good faith, believes such disclosure is necessary to comply with the law or
enforce these Terms of Use. By using the Site, you signify your acceptance of
the Company’s Privacy Policy, [
https://www.ascensiononlinemarketplace.com/privacy-policy/].
If you do not agree with this Privacy Policy, in whole or part, please do not
use this Site.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE
LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE.
WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH
MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE
LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY
MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL
RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING
YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON
YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE
TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS
WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS
DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE
COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR
ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT,
AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR
OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL
NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY
PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY
SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT
BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may
not allow the exclusion of implied warranties. Some of the above exclusions may
thus not apply to you.
10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR
SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE
PROVIDER (including, for example, your web service provider service, Stripe
payment services, your software and/or any updates or upgrades to that
software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN
YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE
DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR
DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE
AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE
THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER
RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE
ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO
ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN
ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH
MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE
INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA
PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL
REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE
AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT
OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER
FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY,
EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF
CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR
TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT,
AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR
ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF
LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR
IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its
directors, officers, employees, and agents, harmless from any and all
liabilities, claims, damages and expenses, including reasonable attorney’s
fees, arising out of or relating to (i) your breach of this Agreement, (ii) any
violation by you of law or the rights of any third party, (iii) any materials,
information, works and/or other content of whatever nature or media that you
post or share on or through the Site, (iv) your use of the Site or any services
that the Company may provide via the Site, and (v) your conduct in connection
with the Site or the services or with other users of the Site or the services.
The Company reserves the right to assume the exclusive defense of any claim for
which we are entitled to indemnification under this Section. In such event, you
shall provide the Company with such cooperation as is reasonably requested by
the Company.
13. The provisions of these Terms of Use are for the benefit of
the Company, its subsidiaries, affiliates and its third-party content providers
and licensors, and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in
accordance with the laws of the State of North Carolina, without giving effect
to any principles of conflicts of law. You further submit to the exclusive
jurisdiction of the state and federal courts sitting in Gaston County, North
Carolina. If any provision of this agreement shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from
this agreement and shall not affect the validity and enforceability of any
remaining provisions.
15. These Terms of Use may be revised from time to time by
updating this posting. You are bound by any such revisions and should therefore
periodically visit this page to review the then current Terms of Use to which
you are bound.
Last Updated: November 2, 2020