1. Limited License.
We reserve the right to refuse access to the Site in our sole discretion and without notice. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Site.
ASCENT MAY MAKE CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE IS PROVIDED “AS IS.” YOU MAY RELY ON THIS SITE SOLELY AT YOUR OWN RISK. ADVICE, OPINIONS AND STATEMENTS SHOULD NOT BE RELIED UPON WHEN MAKING IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES.
You agree not to violate or attempt to violate the security of this Site including without limitation: (1) accessing data that is not intended for your use; (2) logging on to a server or account that you are not authorized to access; (3) probing, scanning, or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (4) breaching security or authentication measures without proper authorization; (5) interfering with the Site to any host, network, other user, including without limitation sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products or sites; or (6) attempting to do any of the preceding.
3. No Warranty.
WE DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THIS SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THIS SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THIS SITE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
4. Intellectual Property.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use Ascent® or any other trademark displayed on the Site. All trademarks, product names, company names, logos, site marks, and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited. Using any of our materials for a commercial purpose – without our express written consent – violates our legal rights and other proprietary rights.
You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, e-mail, sell, or otherwise distribute Material available through the Site including code and software, in violation of applicable copyright and other intellectual property laws. You agree not to use, display or “mirror” any of the material on this Site in any manner without first obtaining permission from Ascent. You acknowledge and agree that the Site and any software used in connection with the Site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. The Site may provide you with an opportunity to communicate with us. Please be aware that any communication, whether it be suggestions, ideas, graphics, or other material, to Ascent through the Site or otherwise will be treated as non-confidential and non-proprietary. Anything you submit, transmit, or post becomes the property of Ascent and Ascent is free to use any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you. YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE MATERIAL WHICH YOU SUBMIT AND THAT THE MATERIAL DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE MATERIAL OR ANY PARTS OF THE MATERIAL. You further agree that you will not: (1) Impersonate any person, entity, corporation, or government, or falsely state your association with said person or entity; (2) Disguise the origin of any material transmitted through the site; (3) Upload, post, e-mail or otherwise transmit any material that you do not have right to transmit under any law or any contractual or fiduciary relationships; (4) Upload, post, e-mail, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (5) Upload, post, e-mail, or otherwise transmit any material that contains software or other electronic viruses of any kind, or any computer code, files, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware, servers, networks or telecommunications equipment or hardware or telecom equipment; (6) Upload, download, post, e-mail or otherwise transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (7) Upload, download, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation. If you or anyone you know is “spammed” by someone who is selling or describing Ascent’s products or sites, please contact us promptly so that we may take appropriate action; (8) Act in any way that would negatively affect other users’ ability to engage in real time exchanges; (9) Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
You acknowledge that Ascent does not pre-screen print-on-demand submitted Material, but that Ascent and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Material that is available via the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Material, including any reliance on the accuracy, completeness, or usefulness of such Material.
You understand that the technical processing and operation of the Site, including your Material, may involve: (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connection networks or devices. Ascent takes no responsibility and assumes no liability for any Material uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter.
6. No Liability.
While we use reasonable efforts to include accurate and current information on our Site, data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or material at any time. If you see any information or description you believe to be incorrect, please contact us as described in the “Contact Us” section of the Site and we’ll verify it for you.
You may not obtain or attempt to obtain any Materials or information through any means not intentionally made available or provided for through the Site. It is up to you to take precautions to ensure that whatever Materials you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
NEITHER ASCENT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR BROWSING THE SITE, OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, EVEN IF WE ARE ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. The foregoing limitation of liability shall apply to the maximum extent permitted by law. Everything on the Site is provided to you “as is” and “as available” without warranty of any kind, either express or implied. Your sole recourse and remedy is to receive a refund for prepaid but unused items, if applicable. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
You agree to indemnify and hold Ascent, its parents, subsidiaries, affiliates, officers, partners, owners and employees harmless from any claim or demand including reasonable attorneys’ fees, expert witness fees, and costs of litigation, made by any third party due to or arising out of your use of the Site, use of your account by any third party, the violation of the terms and conditions of usage by you, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
11. Revision Of Terms.
12. Entire Agreement.
Last Updated: August 7, 2014