Thank you for visiting our website, mobile application, and/or other platform (the “Platforms”). The Ascent Network (“Ascent Network,” “we,” “our,” “us”) values and respects you, and these Terms of Use (the “Terms of Use”) are intended to form the foundation of the governing items with respect to your use of the Platforms. We may update this Terms of Use at any time. Your use of the Platforms signifies your consent to be legally bound by both these Terms of Use and the Privacy Policy. If you do not agree to either the Terms of Use or the Privacy Policy, please refrain from using the Platforms. Ascent Network is committed to complying with all applicable laws and regulations governing the content of the Platforms and services provided by Ascent Network.
NOTICE TO MINORS
Ascent Network aims to fully comply with all federal laws and, thus, at a minimum, you must be at least thirteen (13) years of age to use the Platforms. No one under thirteen (13) years of age may provide any personal information. Ascent Network does not knowingly collect personal information from children under the age of thirteen (13).
If you are under thirteen (13) years of age, please do not send any information about yourself to us, or to anyone else through this Site. Personal information includes, but is not limited to, your name, address, telephone number, and/or email address. If we discover any personal information from anyone under the age of thirteen (13), we will immediately delete that information per the requirements of the Children’s Online Privacy Protection Act and any other applicable laws. If you believe we have received information from or about a child under the age of thirteen (13), please contact us at aaron@theascentnetwork.org with a subject heading Privacy Policy.
ACCOUNTS
In order to use certain features of the Platforms, you may need to create an account. If the Platforms require you to create a user account, you are only to use your user account and not the user account of another without their permission.
You agree that you shall immediately notify Ascent Network of any unauthorized use of your username, password, or any other breach of security whatsoever. In order to safeguard your security, the security of the Platforms, and the user experience of others, you agree to log out of your account at the end of each session on the Platforms. Please remember to exercise particular caution when accessing your account from a public or shared computer so others are not able to view or record your password or other personal information.
As you browse the Platforms, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platforms that all the information you provide on the Platforms is correct, current, and complete.
We reserve the right to disable any user identification code, username, or password, 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 failed to comply with any provision of the Terms of Use, Privacy Policy, or any other applicable agreement, law, or regulation.
MOBILE APPLICATIONS
From time to time, we may offer mobile applications for public consumption and/or download (the “Apps”). Please note, Apple, Inc. and Google, Inc. or any other third party provider for the Apps may have separate Terms of Use, which must be followed. You should always read and understand the policies of any third party provider before making any purchase or downloading any of the Apps.
INTELLECTUAL PROPERTY OWNERSHIP
Unless otherwise noted, all content on the Platforms, including any names, logos, trademarks, service marks, brand identifiers, copyrights, trade dress, and/or other intellectual property appearing on the Platforms, including the organization, compilation, look and feel, illustrations, graphics, artworks, videos, music, software, and other works of the Platforms (the “Works”) are owned by Ascent Network, or used with permission of the third party (the “Owners”), and are protected under copyright, trademark, and other intellectual property and proprietary rights laws. All right, title, and interest to the Works remain with Ascent Network and/or the Owners. Nothing herein shall be interpreted to grant you a license to use any of the Works without Ascent Network and/or the Owners permission. You may not modify, copy, distribute, republish or upload any of the material on the Platforms in any way unless you obtain the prior written consent of Ascent Network.
CONTENT FROM THIRD PARTIES
Any and all content from third parties is for informational purposes only and Ascent Network does not verify the accuracy or truthfulness of any material. Ascent Network does not independently verify the accuracy or truthfulness with respect to the operation of any of the locations identified in the Platforms, including the hours of operation, availability of certain products/services, or otherwise.
CONTENT POSTED BY USERS
Any and all content posted by you to the Platforms, to Ascent Network’s social media pages, mobile application and mobile store pages, or any other area to which you may have access to or the ability to post content, must comply with the these Terms of Use, the Privacy Policy, any other agreement controlling your relationship with Ascent Network, and any applicable federal, local, or state laws and regulations.
By using the Platforms, you are agreeing to these Terms of Use, and warrant that: (i) you have obtained the necessary permissions of any and all third parties for content posted by you; (ii) to the best of your knowledge, any and all content posted by you is truthful and accurate, and not misleading in any manner; and (iii) you are not violating any law, regulation, code, or otherwise in your posting of the content, including intellectual property, right of privacy, and defamation.
You further agree to indemnify, defend, and hold harmless Ascent Network from any and all liability, claim, cause of action, loss, or damages resulting from content you post to the Platforms, to Ascent Network’s social media pages, mobile application and mobile store pages, or any other area to which you may have access to or the ability to post content.
You hereby grant an irrevocable, fully prepaid, perpetual license to Ascent Network to use anything posted by you to the Platforms.
CONSUMER CREDIT FILE RIGHTS
If there is any inaccurate information in your credit report, you may contact the credit bureau directly. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. However, neither you nor any credit repair company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove inaccurate, negative information from your report only if it is over seven (7) years old. Bankruptcy information can be reported for ten (10) years.
A copy of your credit report can be obtained from a credit bureau where a reasonable fee for the copy may be charged. However, there is no fee if you have been denied for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding sixty (60) days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you have unemployed and intend to apply for employment in the next sixty (60) days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.
The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information, please visit: https://www.ftc.gov/contact.
RESTRICTIONS ON USE
You are permitted to use the Works and/or any services and products on the Platforms for lawful purposes as provided in these Terms of Use; any other use or misuse of any of the Works is strictly prohibited. Ascent Network grants you a non-exclusive, limited, personal, non-transferable, revocable license to access and use the Works, without right to sub-license, under the following conditions: you shall not, without Ascent Network’s express written consent: (i) copy, re-transmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Works, or modify or re-use all or any part of the Works; (ii) use any trade name, trademark, or brand name of Ascent Network in metatags, keywords, and/or hidden text; (iii) create derivative works from the Works or commercially exploit the Works, in whole or in part, in any way; and (iv) use the Platforms, the Works, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution, or statement as to Ascent Network, the Owners, or any third party referenced therein. Ascent Network reserves all other rights.
You shall not alter, remove, or obscure any copyright notice, digital watermarks, trademark notices, proprietary legends, or any other notice included in the Works. Except as expressly provided herein, nothing on the Platforms shall be construed as granting or conferring any license under Ascent Network’s and/or the Owners’ intellectual property rights, whether by estoppel, implication, or otherwise. Notwithstanding anything herein to the contrary, Ascent Network may revoke any of the foregoing rights and/or your access to the Platforms, or any part thereof, including blocking your IP address, at any time without prior notice.
SOCIAL MEDIA AND LINKED SITES
From time to time, the Platforms may include features and functionality that allow you to interact with other sites that are not under our control (“Linked Site”), including various social media pages (“Social Media Site”). Ascent Network provides these features, functionality, and links to you as a convenience and does not endorse any Linked Site or Social Media Site. Ascent Network is not responsible for the contents or transmission of any Linked Site or Social Media Site, or for the terms of use or privacy policy, of any Linked Site or Social Media Site. You should carefully read the policies for the sites you visit. Under no circumstances are you authorized to make any claim regarding Ascent Network or any of its products on any Social Media Site regardless of any material connection you may have with Ascent Network or your receipt of any consideration. If you make any claim regarding Ascent Network or any of Ascent Network’s products or services on a Social Media Site in violation of the foregoing, you, and not Ascent Network, shall be solely responsible and liable therefore.
SUBMITTED IDEAS
Any ideas, comments, suggestions, notes, drawings, concepts, or other information submitted to Ascent Network, whether through the Platforms or by other means, shall be deemed to be non-confidential and non-proprietary. Ascent Network does not owe you any confidentiality or nondisclosure, express or implied. Ascent Network shall be entitled to unrestricted use of the idea, comment, suggestion, note, drawing, concept, or other information for any purpose whatsoever, commercial or otherwise, without compensation to you.
COMMUNITY GUIDELINES
The Platforms, Linked Sites, and Social Media Sites may include the ability to post comments or otherwise engage in communications with third parties through bulletin boards, chat rooms, blogs, comment sections, and/or other community forums (the “Community Forums”). The following governs the use of the Community Forums:
- Ascent Network will monitor the Community Forums on a regular basis for violations of these Terms of Use, violation of the Privacy Policy, or any illegal content.
- Ascent Network will not act as an arbiter for any dispute or disagreement between users and shall have no liability to you for any content posted in the Community Forums and is under no obligation to edit or modify information available in the Community Forums.
- Ascent Network reserves the right, in its sole and complete discretion, to refuse to post, or remove, any material submitted to the Community Forums.
- You acknowledge and agree that Ascent Network may store any material posted to the Community Forums. You further acknowledge and agree that Ascent Network may use material posted by you in the Community Forums for any purpose whatsoever, including but not limited to incorporating the submission into content that may be commercial in nature.
- Prohibited Statements – you are expressly prohibited from submitting any of the following:
- Any submissions that disparages competitive products, is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
- Any submission that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, material that depicts child pornography, acts of violence, drug use, or would violate the regulations of the U.S. Securities and Exchange Commission, or any rules of a securities exchange.
- Any submission that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party.
- Any submission that impersonates any person or entity, or otherwise misrepresents your affiliation with a person or entity.
- Unsolicited promotions, political campaigns, advertising, or solicitations.
- Private information of any third party, including without limitation, addresses, phone numbers, email addresses, social security numbers, credit card numbers, or any other similar piece of information.
- Viruses, spyware, Trojans, corrupted data, or any other harmful, disruptive, or destructive files.
- Any other submission that, in Ascent Network’s sole and complete discretion, is inappropriate or objectionable, or which restricts or inhibits any other person from using or enjoying the Platforms, or which may expose Ascent Network or its users to any harm or liability of any type.
NO ARCHIVE
The Platforms is not and shall not function as an archive. Ascent Network shall have no liability to you or any other person for loss, damage, or destruction to any submission. You shall be solely responsible for maintaining independent archival and backup copies of any submission.
DISCLAIMERS
Without limiting anything herein, the Platforms, its content, and all of its features, are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Platforms, its content, and of its features, either express or implied, including but not limited to fitness for a particular purpose, title, or non-infringement. No advice or information, whether oral or written, obtained by you from Ascent Network shall create any warranty, representation, or guarantee not expressly stated herein. Additionally, Ascent Network does not make any warranties that the Platforms will be secure, error free, that defects will be corrected, or that the Platforms or the server that makes it available is free of viruses or other harmful components, or otherwise meet your expectations. Ascent Network does not warrant that the Platforms, its content, or features are correct, accurate, or reliable. Ascent Network reserves the right to change any part of the Platforms at any time without notice.
All articles, information, and material displayed by Ascent Network on the Platforms are for information purposes only, and are not, nor intended to be, considered legal advice or a substitute for specific legal advice. If you have specific questions related to information available on the Platforms, you are encouraged to consult an attorney who can investigate the particular circumstances of your situation.
LIMITATION OF LIABILITY
Your use of the Platforms is at your own risk. Ascent Network, its affiliates, and the respective officers, directors, agents, and representatives will not be liable to you, or any third party, for any damages, direct or indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit, or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Platforms, or arising out of any action taken in response to or as a result of the Works, or other information available on the Platforms, however caused, whether based on breach of contract, tort, proprietary rights infringement, product liability, or otherwise. The foregoing shall apply even if Ascent Network was advised of the possibility of such damages. If you become dissatisfied in any way with the Platforms, the Terms of Use, or the Privacy Policy, your sole and exclusive remedy is to stop your use of the Platforms and its services. You hereby waive any and all claims against Ascent Network, its affiliates, officers, directors, agents, representatives, and licensors arising out of your use of the Platforms. If any portion of this limitation on liability is found to be invalid or unenforceable, then the aggregate liability of Ascent Network, its affiliates, and the respective officers, directors, agents, and representatives shall not exceed one hundred dollars ($100). The Platforms would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers, and exclusive remedies herein will survive even if found to have failed their essential purpose.
NO FRAMINING OR LINKING
Framing, in-line linking, or other methods of association with the Platforms are expressly prohibited without prior written approval from Ascent Network.
INTERNATIONAL USERS
The Platforms is hosted in the United States. If you are attempting to access the Platforms from a physical location within the European Union, Asia or any other region with laws or regulations governing data collection, use, and disclosure that differ from the United States, please be advised that your use of the Platforms is governed by United States law, this Privacy Policy, and the Terms of Use. To the extent you provide Personal Information through the Platforms you are transferring your Personal Information to the United States and you consent to: such transfer; the application of the laws of the United States and the State of California with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Platforms; exclusive jurisdiction of the courts of the State of California.
CHOICE OF LAW AND VENUE
Any claim and/or dispute that arises from your use of the Platforms shall be decided in accordance with the laws of the State of California, by a court of competent jurisdiction located in Orange County, California, United States of America. You agree that such court shall have personal jurisdiction over you and agree to submit to the jurisdiction and venue of such courts, and waive any objections based on inconvenient forum.
ABILITY TO ACCEPT TERMS OF USE
You affirm that you are more than the legal age in the territory in which you reside, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.
RELATIONSHIP
You acknowledge and agree that no confidential, fiduciary, contractually implied or other relationship is created between you and Ascent Network by your use of the Platforms other than as strictly defined pursuant to the Terms of Use and any subsequent written agreement (such as a Retainer Agreement) entered into with Ascent Network.
NO WAIVER
Ascent Network’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
CHANGES AND UPDATES
We may revise these Terms of Use from time to time. Your use of the Platforms following any revised Terms of Use shall be deemed an acceptance of the revised policy. We recommend you review these Terms of Use from time to time to stay updated. We will make a commercially reasonable effort to obtain your consent before implementing revisions which materially affect the disclosure or use of your Personal Information. If you disagree with the terms of these Terms of Use at any time, your sole remedy is to terminate your use of the Platforms and inform us of such termination.
MISCELLANEOUS
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then it shall be construed in a manner which is valid and enforceable that is closest to the intentions set forth herein. The remainder of the Terms of Use shall remain in full force and effect.
Thank you for visiting our Platforms.
Updated: 02/19/2018