Last Updated: March 10, 2019
These terms of service (the "Agreement" or the "Terms") are a legal agreement between you ("you," "your") and Ascend Applications, a Canadian corporation ("we", "our" or "us").
Ascend Applications helps make websites more usable for those with disabilities (the "Services") to you subject to these Terms. Please read these Terms carefully before using the Services. By accessing or using the Services, you explicitly agree to comply with and be bound by the Terms and all terms, policies and guidelines incorporated by reference herein. If you do not agree to all provisions of these Terms, do not use the Services. The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else. You must be the age of majority in your jurisdiction to use our Services.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Ascend Applications or its affiliates for products, services or otherwise. Also, these Terms are in addition to the end user license agreement for any website or mobile application we provide.
Ascend Applications reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline relating to the Services, at any time and in its sole discretion. including terminating any mobile application updates to maintain the services. If we do so, we we will post a notice visible to you when you use our website. If you do not agree with the changes, you can cancel your account with us without further obligation. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions through the Services, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the 'last updated' date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please submit a support request.
2. Ownership and Copyright
Except as otherwise indicated, the Services, and all text, images, marks, logos and other content contained in or communicated using the Services, including, without limitation, the Ascend Applications logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Content") are the property of Ascend Applications or its licensors and are protected by Canadian and international copyright laws. All rights to the Content are expressly reserved. Nothing contained in the Services may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Ascend Applications or any third party without the prior written permission of Ascend Applications or such other party that may own such patent, trademark, copyright or other proprietary right(s).
Ascend Applications, its logo and all other product or service names or slogans displayed on or communicated through the Services are registered and/or common law trademarks of Ascend Applications and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ascend Applications or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Ascend Applications and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ascend Applications. All other trademarks, registered trademarks, product names and company names or logos displayed on or communicated through the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Ascend Applications.
4. Limited License to the Content
Ascend Applications grants you a limited license that cannot be sub-licensed to access and use the Services and to view, copy and print portions of the Content. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Content for your own informational, personal and non-commercial use in accordance with the Terms; (ii) you may not modify or otherwise make derivative uses of the Services or the Content, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Services or the Content other than for their intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Services or any Content (except for page cacheing), except as provided herein. Except as expressly permitted above, any use of any portion of the Services or Content without the prior written permission of Ascend Applications is strictly prohibited and will terminate the license granted herein. This license is revocable at any time, and for any reason, or for no reason.
Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Ascend Applications against any liability to any person arising out of your use of Content not in accordance with these Terms.
To request permission for uses of Content not included in the foregoing license, you may contact Ascend Applications at the address set out at the bottom of these Terms.
The Services may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Ascend Applications does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Ascend Applications provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Ascend Applications’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Ascend Applications accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Services. When you leave the Services, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
6. Advertisements and Promotions
Ascend Applications may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, parties other than Ascend Applications, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Ascend Applications is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
7. Registration Data and Account Security
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Ascend Applications, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Ascend Applications. We mail checks to the address and send notices to the email address you maintain in your Registration Data. We are not responsible for any loss you suffer as a result of not keeping your Registration Data current.
8. Warranty Disclaimer
Except as expressly provided to the contrary in writing by Ascend Applications, the services are provided on an "as is" basis without warranties of any kind, either express or implied. Ascend Applications expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the services or the content. Ascend Applications does not represent or warrant that materials in the services or content are accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the services, the content or any portion thereof.
Ascend Applications is not responsible for typographical errors or omissions relating to pricing, text or photography. While Ascend Applications attempts to make your access to and use of the services, Ascend Applications cannot and does not represent or warrant that the services or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
9. Limitations of Liability
You waive, and covenant not to assert, any claims or allegations of any nature whatsoever against Ascend Applications, its affiliates, or their respective directors, officers, employees or agents arising out of or in any way relating to your use of the services, the content, the offers or the purchase or use of any products you purchase related to the offers, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of content, or allegations that Ascend Applications has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the services. You use the services at your own risk.
Without limitation of the foregoing, neither Ascend Applications nor any parties providing content or the products associated with offers shall be liable for any direct, special, indirect, consequential punitive or exemplary damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise ("losses"), arising out of or in any way connected with the use of the services or the content, including without limitation any damages caused by or resulting from your reliance on any content or other information obtained from Ascend Applications or accessible via the services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Ascend Application’s records, programs or the services. In addition, Ascend Applications shall not be liable for any losses arising out of or in any way connected with the purchase or use of any products associated with offers.
In no event shall the aggregate liability of Ascend Applications, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the services exceed any compensation you pay, if any, to Ascend Applications for access to or use of the services.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
10. User Communications
Ascend Applications is under no obligation to refrain from reproducing, publishing or otherwise using, without compensation, communications other than personal information, you send to or receive from Ascend Applications by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information.
11. Applicable Law and Venue
The Services (excluding Third-Party Sites) are controlled by Ascend Applications and operated by it from its offices in London, Ontario. The Site is accessible, however, outside of Ontario.
You and Ascend Applications both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Ascend Applications explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
You agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in London, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Ascend Applications for your failure to comply with any such laws.
12. Termination / Modification of License and Site Offerings
Notwithstanding any provision of these Terms, Ascend Applications reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Ascend Applications may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Ascend Applications, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Ascend Applications regarding your use of the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Ascend Applications regarding your use of the Services.
14. Questions and Comments
If you have any questions regarding these Terms or your use of the Services, please submit a support request or contact us:
Ascend Applications Inc.
Contact Name: Ryan Kelly
Email: [email protected]