Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Ascend ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the Ascend Platform and any associated applications applicable (collectively the "App") and ascendgroup.co (the "Website"), including any content, functionality, and services offered on or through the App or the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use, the Privacy Policy, or the User Agreement, you must not access or use the App or the Website.

The Website is offered and available to users who are 16 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on either, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts or all of the Website.

You are responsible for both:

• Making all arrangements necessary for you to have access to the App and the Website.
• Ensuring that all persons who access the App or the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the App and the Website or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the App and the Website that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the App, the Website, or otherwise, including, but not limited to, through the use of any interactive features on the App or the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the App or the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You understand that we may use artificial intelligence mechanisms or similar technologies in order to enhance the quality of services you receive from us. Because artificial intelligence is a rapidly-evolving technology, we cannot warrant that the information yielded by artificial intelligence will be accurate or fit for any particular purpose. That said, we monitor our use of artificial intelligence to reasonably help ensure it is performing satisfactorily where feasible.

Purchase and Payment Terms

You agree to pay all fees due to Company for access to the Website and its services. Payment must be completed prior to receiving the applicable services. Payments may be processed via a third-party provider and are subject to the terms and conditions for use set forth by such provider. We do not collect or directly store financial information.

All fees and other amounts payable are exclusive of taxes and similar assessments. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable to or by you.

Intellectual Property Rights

The App, the Website and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the App and the Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App or Website, except as follows:

• Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the App or Website for your own personal use and not for further reproduction, publication, or distribution.
• You may download the App to your mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement for the App.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: admin@ascendgroup.co

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the App or the Website are the trademarks of their respective owners.

Prohibited Uses

You may use the App or the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App or the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App or the Website, or which may harm the Company or users of the App or the Website, or expose them to liability.

Additionally, you agree not to:

• Use the App or the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use.
• Use any robot, spider, or other automatic device, process, or means to access the App or the Website for any purpose.
• Use any manual process to monitor or copy any of the material on the App or Website without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the App or the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App or the Website.
• Attack the App or the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the App or the Website.

User Contributions

The Website may contain message boards, chat rooms, personal pages or profiles, forums, teaching modules, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the App or the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App or the Website.
• Terminate or suspend your access to all or part of the App and the Website for any or no reason.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, you may request removal of those materials from the App and the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you.
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Ascend
1154 Green St, San Francisco, CA, 94109
admin@ascendgroup.co

Reliance on Information Posted

The information presented on or through the App and the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App or the Website.

You acknowledge that we may use artificial intelligence in the course of providing you with its services, and that as an evolving technology, the information presented through the use of artificial intelligence may not always be correct, complete, accurate, or otherwise reliable.

Changes to the Website

We may update the content on the App and the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App or the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You

All information we collect on the Website is subject to our Privacy Policy. By using the App or the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website or the App

If the Website or the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the App or the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic & Other Restrictions

The owner of the Website is based in the United States. We provide the App and the Website for use only by persons located in the United States. We make no claims that the App or the Website or any of their content is accessible or appropriate outside of the United States. Access to the App or the Website may not be legal by certain persons or in certain countries. If you access the App or the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

You are solely responsible for complying with any and all applicable rules, regulations, laws, or other requirements relating to immigration, immigration status, visas, work authorizations, and related items (collectively, the "Immigration Requirements"). You agree to indemnify Ascend and its affiliated individuals and entities to the fullest extent permitted by law for any harm caused to Ascend by your failure to comply with this Agreement.

Disclaimer of Warranties

YOUR USE OF THE APP, THE WEBSITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR THE WEBSITE IS AT YOUR OWN RISK. THE APP, THE WEBSITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, THE WEBSITE, ANY LINKED WEBSITES, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the App or the Website.

Governing Law and Jurisdiction

All matters relating to the App, the Website, and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, the App, or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado.

Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use, the App, or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE APP, OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and the applicable User Agreement constitute the sole and entire agreement between you and Ascend, Inc regarding the App and the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the App or the Website should be directed to: admin@ascendgroup.co.