Terms of Use
AGREEMENT BETWEEN USER AND Ascendant.
The Ascendant Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Ascendant Web Site constitutes your agreement to all such terms, conditions, and notices. If you disagree with the terms, conditions and notices, you must not use our Web Site.
MODIFICATION OF THESE TERMS OF USE
Ascendant reserves the right to change the terms, conditions, and notices under which the Ascendant Web Site is offered, including but not limited to the charges associated with the use of the Ascendant Web Site.
LINKS TO THIRD PARTY SITES
The Ascendant Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Ascendant and Ascendant is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ascendant is not responsible for webcasting or any other form of transmission received from any Linked Site. Ascendant is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ascendant of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Ascendant Web Site, you represent and warrant to Ascendant that you will not use the Ascendant Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Ascendant Web Site in any manner which could damage, disable, overburden, or impair the Ascendant Web Site or interfere with any other party’s use and enjoyment of the Ascendant Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Ascendant Web Sites.
USE OF COMMUNICATION SERVICES
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Ascendant reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ascendant’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Ascendant does not control or endorse the content, messages or information found in any Communication Service and, therefore, Ascendant specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Ascendant spokespersons, and their views do not necessarily reflect those of Ascendant. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Ascendant OR POSTED AT ANY Ascendant WEB SITE
No compensation will be paid with respect to the use of your Submission, as provided herein. Ascendant is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Ascendant’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
Ascendant AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Ascendant WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Ascendant AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Ascendant AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Ascendant WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Ascendant WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Ascendant WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Ascendant WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Ascendant OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Ascendant WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Ascendant WEB SITE.
TERMINATION/ACCESS RESTRICTION
To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, New York and you hereby consent to the exclusive jurisdiction and venue of courts located in the Borough of Manhattan, U.S.A. in all disputes arising out of or relating to the use of the Ascendant Web Site. Use of the Ascendant Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ascendant as a result of this agreement or use of the Ascendant Web Site. Ascendant’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ascendant’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Ascendant Web Site or information provided to or gathered by Ascendant with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ascendant with respect to the Ascendant Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ascendant with respect to the Ascendant Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Ascendant Web Site are: Copyright 2022 Ascendant and/or its suppliers and licensors. Except as otherwise stated herein, Ascendant, together with our suppliers and licensors, own and control all the copyright and other intellectual property rights in Ascendant Web Site and the material contained herein. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Ascendant Capital and its subsidiaries are collectively referred to as (“Ascendant”). Ascendant Capital is a Cayman Islands exempted company. Ascendant Capital wholly owns Ascendant Re, a Cayman Islands domiciled reinsurance company. Ascendant Re became licensed as a Class B(iii) reinsurance company on September 11, 2019. Ascendant Re wholly owns Ascendant Digital Assets.
Copyright 2022 Ascendant.