Terms of Use

ACCEPTANCE OF TERMS OF USE

Please read the following terms of use (“Terms”) carefully as the Terms are a legal agreement between you and Ascend Technologies, LLC (collectively “Ascend”). If you do not agree to these Terms, please do not access or otherwise use this website.

By accessing or using any portion of Ascend’s website, with its homepage located at www.teamascend.com (the “Site”), you consent and agree that your access to or use of the Site is acceptance of these Terms and your access to or use of the Site is subject to and governed by the Terms and all applicable laws.

Ascend may, without notice to you, at any time, revise these Terms and information contained on the Site by updating this posting. You should review these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time.

Ascend may also make alterations to, changes, or deletions of any product, service or program described on this Site at any time and for any reason without notice.

These Terms are effective as of March 30, 2020.

PRIVACY

Ascend’s Privacy Policy also governs your access or other use of the Site. Ascend’s Privacy Policy is incorporated into these Terms by this reference.

LINKS

The Site may, from time to time, contain hyperlinks (“Links”) to other websites operated and maintained by parties unrelated or related to Ascend. Such Links are provided for reference and convenience only and the presence of such Links on this Site does not imply endorsement by Ascend of the content, policies, or operator of these websites or the products or services referred to therein. Ascend does not control and is not responsible for the contents, availability, or policies of any website accessed via a Link. Ascend makes no warranties, representations, or other commitments about any non-Ascend websites. Furthermore, Ascend is not a party to or responsible for any access, use or transactions you may engage in with third parties, even if you learn of such parties from this Site. You acknowledge and agree that if you decide to access any external website through a Link within our Site, you do so entirely at your own risk.  You agree that Ascend is not liable for the websites associated with Links on this Site and your sole remedy for use, access, or transactions on such a website is against that website or its owner.

YOUR CONDUCT

In connection with your access to and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct and your access to the Site. Specifically, in connection with your use of the Site, you may not cause or permit any person to do any of the following:

• use the Site for any unlawful purpose;
• submit any information that you are not legally entitled to submit;
• use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, corrupted files or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
• use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;
• use the Site to collect or use information about users of the Site without the express consent of such users;
• republish, upload, post, transmit, distribute or reappropriate content available on the Site, whether posted by Ascend or by third parties, without the express, prior, written permission of the applicable party and proper attribution;
• restrict or inhibit any other visitor of the Site, including without limitation, by means of “hacking” or defacing any portion of the Site;
• modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the content available on the Site.
• use the site to transmit or post any solicitations or advertisements or to advertise or promote any goods or services, including without limitation, “junk mail”, “spam”, “chain letters”, “pyramid schemes,” contests or distribution of chain letters.

Further you represent:

• You are responsible for all activities that occur or are related to your access or use of the Site;
• You are eighteen years or older (or the minimum legal age in the jurisdiction in which you are viewing this Site) and legally able to enter into these Terms; and
• You have the lawful right to make any and all submissions you make to the Site.

CONFIDENTIALITY

By providing or submitting any information through this Site you expressly acknowledge and agree that any such information is deemed non-confidential and non-proprietary and Ascend will have no obligation or duty to maintain the confidentiality of such submissions.

Ascend takes commercially reasonable measures to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, in connection with your use of the Services. Ascend will not be liable for any loss or damage arising from the unauthorized use of your information.

Ascend may, without any obligation to you for compensation, accounting, or otherwise, develop, use and freely disclose or publish similar ideas as contained in any information you transmit or submit through your use of the Site. Ascend shall have no liability to you for disclosure of such submissions or ideas contained therein. Because of the open nature of the Internet and availability of this Site on the Internet, we recommend that you not submit any information you consider confidential or proprietary. Existing and prospective clients of Ascend should understand that any such submissions to this Site (unless expressly stated otherwise herein) will be considered a public disclosure and not subject to any agreement related to confidentiality.

By submitting or transmitting to Ascend any information or material through your use of the Site, you grant Ascend an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, disclose in any way, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Ascend is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

INTELLECTUAL PROPERTY RIGHTS

All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Site is owned by or licensed to Ascend. Any Content that is a trademark, logo, or service mark is also registered, or if unregistered, then is a trademark or service mark of Ascend in common law.

Except with express prior written consent by Ascend or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Site or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.

You may display, copy and download Content from the Site solely for your personal and non­-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.

DISCLAIMER OF WARRANTY

Ascend makes no warranties or representations of any kind concerning this Site or the information contained herein. Accordingly, you should confirm the accuracy and completeness of all information contained on the Site before making any decision related to any services, products, or other matters described on the Site.

THE USE OF THE SERVICES BY YOU IS AT YOUR SOLE RISK. ACCORDINGLY, THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES DISPLAYED OR CONTAINED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ASCEND EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ADVISED OF THAT PURPOSE), NON-INFRINGEMENT, INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, INTERFERENCE WITH ENJOYMENT, OR OTHERWISE. SPECIFICALLY, ASCEND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASCEND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE USE OF OR THE RESULTS OF THE USE OF THE MATERIAL IN THIS SITE WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

NO CLIENT RELATIONSHIP

Access to or use of this Site does not create a client relationship between Ascend and you. The information provided on this Site is free of charge, is not professional advice or advice of any kind, and is provided for informational purposes only. Any use you make of the information provided on this Site is at your own risk.

DISCLAIMER OF LIABILITY

IN NO EVENT WILL ASCEND, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, REPRESETATIVES, AGENTS, CONTRACTORS AND SUPPLIERS,  BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR ANY USE OF THIS SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ASCEND IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

INDEMNIFICATION

You agree to indemnify, defend and hold Ascend, its affiliates and the officers, directors, managers, employees, representatives and agents of Ascend and its affiliates harmless from and against any and all claims, demands, suits or other proceedings, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) the Content of the Site; (b) your violation of the Terms; (c) your use of the Site; or (d) your violation of the rights of any third party or applicable law. Given the nature of these Terms, you understand and agree that, in addition to money damages, Ascend will be entitled to equitable relief upon a breach of them by you.  We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.

JURISDICTION

These Terms will be construed and enforced in accordance with the laws of the State of Illinois. You submit to personal jurisdiction in Illinois, without reference to its conflict of law rules, and any cause of action arising under these Terms or otherwise involving the Services will be brought exclusively in the state and federal courts located in Cook County, Illinois.

NOTICES

Any notices, comments, questions or concerns should be directed via email to [email protected] 

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This Site is operated by Ascend from the State of Illinois and Ascend makes no representation that materials in this Site are appropriate or available for use in other locations. Use of this website is unauthorized in any jurisdiction that does not affect to all provisions of these Terms, including without limitation this paragraph. These Terms are personal to you, and you may not assign your rights or obligations to anyone. We may assign our rights and duties under these Terms at any time to any third party without notice. If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. Section headings are for convenience only and will not in any way limit the scope or affect the interpretation of any provision of these Terms. No waiver by Ascend will be construed as a waiver of any proceeding or succeeding breach of any provision. These Terms will supersede any subsequent terms or conditions included within this Site. We intend that these Terms constitute the entire agreement between Ascend and you regarding the subject matter contained herein.