Terms of Use

Welcome to the website of Ascend Agency, LLC ("Company", "we" or "us"). As used herein, you and Company may each, individually, be referred to as a “Party” and collectively, the “Parties”. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the Company-branded website (including AscendAgency.com and all corresponding web pages and websites associated with the foregoing URL and each of their respective content, functionality and services offered on or through such web pages and websites) (the "Website") and any services offered or made accessible by Company, including certain advertising and media buying services as may be agreed between the Parties from time to time (“Services”).

Please read these Terms of Use carefully before you start to use the Website and/or Services. By accessing or using the Website or Services, you expressly accept and agree to be bound and abide by these Terms of Use and any additional terms and conditions that we provide or make accessible to you, including without limitation the Platform Terms of Service (as defined below) (“Additional Terms”). If you do not want to agree to these Terms of Use, you must not access or use the Website or Services. Any Additional Terms are hereby incorporated into these Terms of Use by reference as though fully set forth herein. To the extent that there is a conflict between these Terms of Use and the Additional Terms, the Additional Terms shall govern. Any capitalized terms that are not defined in these Terms of Use shall have the meaning ascribed in the Additional Terms.

Use of the Website and Services is limited to users eighteen (18) years of age and older and those who reside in any market in which Ascend Agency, LLC does business. By using the Website or Services, you represent and warrant that: (a) you are at least eighteen (18) years of age; and (b) your use of the Website and/or Services shall comply with laws, rules and regulations to which you are subject. If you do not meet all of these requirements, you must not access or use the Website or Services.

We may revise and update all or any portion of these Terms of Use from time to time at our sole and absolute discretion by posting a revised version of these Terms of Use. All changes are effective immediately upon the date that we post the revised Terms of Use and apply to all access to and use of the Website and Services thereafter. Notwithstanding the foregoing, any changes to the dispute resolution provisions set forth herein will not apply to any disputes for which the parties thereto have received actual notice thereof on or prior to the date the revised Terms of Use are posted on the Website. By continuing to access or use the Website and/or Services after the revised Terms of Use become effective, you are agreeing to the revised Terms of Use. You are expected to check this page each time you access the Website, so you are aware of any changes, as they are binding on you.

Services

Subject to these Terms of Use, the Website may enable users to access certain content, features and functionality, which may include an interactive portal for users to place orders and/or make requests for Company’s Services (“Platform”). In addition to these Terms of Use, each order placed or request for Services made by you (each, an “Order”), whether through the Platform, orally, by email or through any other means, shall be subject to the Platform Terms of Service available at https://ascendagency.com/tos, including Article Four thereof (the “Order Agreement”) and Article Five thereof (Credit; Payment Terms). The Order Agreement shall apply to each Order regardless of whether you access or use the Platform or maintain a User Account. By submitting an Order through any such means, you agree to be bound by the Platform Terms of Service with respect to that Order. In the event of a conflict between these Terms of Use and the Platform Terms of Service with respect to an Order, the Platform Terms of Service shall control.

Third Party Platforms, Services and Content

Certain aspects of the Website may be dependent on or interoperate with third-party owned and/or operated platforms (“Third Party Platforms”) and may require that you use such Third Party Platforms to access, use, or pay for certain services on the Website. You acknowledge and agree that your use of such Third Party Platforms is subject to the applicable Third Party Platform’s respective terms, conditions and policies, and in the event of a conflict between such Third Party Platform’s terms, conditions and policies and these Terms of Use, the terms, conditions and policies of such Third Party Platform shall govern and control. Complaints, claims, concerns, or questions regarding your use of any Third Party Platform should be directed to the applicable Third Party Platform. The Website may contain hyperlinks, redirects or other mechanisms that enable you to access or use third-party content, websites, advertisements, promotions, data, applications, platforms, products, services or materials, including Third-Party Platforms (each, a “Third-Party Service and, collectively, “Third-Party Services”). The inclusion or availability of any Third-Party Service through or in connection with the Website does not constitute an endorsement by Company and does not impose any obligation, responsibility or liability on Company or any of its its parents, subsidiaries, successors and assigns, and each of their respective directors, officers, employees, shareholders, representatives, agents, affiliates, licensors, consultants, advertisers, suppliers, partners, service providers (collectively, “Company Affiliates”). We do not verify, endorse, or have any responsibility for Third-Party Services and any third party business practices, regardless of whether Company’s logos, marks, names and/or sponsorship or other identification is on or near the Third-Party Services. If any Third-Party Service you interact with obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability in connection with any use, collection or disclosure by or in connection with such Third-Party Services. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third-Party Service you use.

User Accounts

Certain aspects of the Website and/or Services may require you to create an account by completing a registration form and selecting a user ID and password. You represent and warrant that all registration information and personal details that you provide to us will be true, current and complete, and you agree to update such information as applicable so that it continues to be true, current and complete. Your account is personal to you and may not be used by any other person. You shall treat your username, password and/or any other piece of information included as part of our security procedures as confidential and shall not disclose it to any other person or entity. You agree to contact us at contact@ascendagency.com if you become aware of any unauthorized use of the Website on your account. You are fully responsible for all materials, content, and information that you upload, post or otherwise transmit via the Website and/or Services, and all activities that occur under your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account. You agree that all information you provide to register with this Website and/or Services or otherwise, including, but not limited to, through the use of any interactive features on the Website and/or Services, is governed by these Terms of Use, and you consent to all actions we take with respect to your information consistent herewith.

Prohibited Uses

You are responsible for your use of the Website and/or Services, and for any use of the Website and/or Services made using your account. You may use the Website and Services only for lawful purposes and in accordance with these Terms of Use. When you use the Website and/or Services, you shall not do or attempt to do any of the following:

• engage in or encourage conduct that would violate any applicable federal, state, local, national or international law, rule, regulation, judicial or government order or treaty (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries) or that would give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity, or other rights of ours or of any person or entity;
• submit, post, email, display, transmit or otherwise make available through the Website or Services any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual. This shall include exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
• transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail,'' "chain letter" or "spam" or any other similar solicitation;
• impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing);
• engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm the Company or users of the Website or expose them to liability (as determined by Company in its sole and absolute discretion);
• circumvent Company and use the information provided within Company’s back office or otherwise to contact, solicit, and/or contract with Company’s clients and/or contacts;
• use the Website and/or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website and/or Services, including their ability to engage in real time activities through the Website;
• copy, record, embed, stream capture, reproduce, duplicate, archive, distribute, upload, publish, translate, broadcast, perform, display, transmit, or retransmit the Website or any elements thereof, or otherwise violate, infringe, or misappropriate intellectual property, privacy, publicity, or other legal rights of Company or any person or entity, or use any robot, spider or other automatic device, process or means to do the same;
• use any device, software or routine that interferes with the proper working of the Website or Services or introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Services, the server on which the Website is stored, or any server, computer or database connected to the Website;
• attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
• use or access the Website or Services (and/or any element or material thereof) for any other unauthorized purpose without our prior written consent; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

If you receive or obtain access to any nonpublic information of Company or any Company Affiliate in connection with the Website, the Platform, any Services or any Order, your use and disclosure of such information will be governed by the Platform Terms of Service and, if applicable, any separate non-disclosure or confidentiality agreement between you and Company. In the event of a conflict between such separate agreement and the Platform Terms of Service concerning the confidentiality, use or disclosure of such information, the separate agreement will control.

The Website and Services, including all content, features and functionality thereof (including, without limitation, all Confidential Information, trademarks, trade secrets, graphics, designs, information, software, text, displays, images, video and audio, and the selection and arrangement thereof), are owned by Ascend Agency, LLC, its affiliates, licensors or other third parties, as applicable, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property and proprietary rights laws. The Website and Services are protected by U.S. and international intellectual property and/or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. We and/or our licensors, as applicable, hereby reserve all rights, titles, and interest in and to all of the copyrights, trademarks, trade secrets and other proprietary rights in and to the Website and Services that are not expressly granted to you by these Terms of Use.

ALL INFORMATION ACCESSED THROUGH YOUR ASCEND ACCOUNT IN THE BACK OFFICE CONSTITUTES A VALUABLE TRADE SECRET OF COMPANY, INCLUDING, BUT NOT LIMITED TO COMPANY’S PRICING AND PRICING CALCULATIONS, AND ITS PUBLISHER LIST (INCLUDING THE PUBLISHER CONTACTS).

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or through our Services. These Terms of Use permit you to access and use the Website and Services solely for your legitimate business purposes, including to obtain information about, request, purchase and use Company’s advertising and media-buying services and to promote your business or the businesses of your clients through such Services. If you wish to make any use of material on the Website or through the Services other than that set out in this Section, please address your request to: contact@ascendagency.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or Services in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website and/or Services or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

We reserve the right to modify, restrict, suspend, disable or discontinue, temporarily or permanently, all or any aspect of the Website (including the content thereof) at any time and without notice, for any reason, with respect to any or all users. We may, with respect to any or all users, experiment with or otherwise offer certain features or elements on the Website, including promotional features, functionality, and pricing. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. You agree that we may do any of the foregoing in our sole and absolute discretion at any time without notice to you, except to the extent expressly and specifically stated otherwise herein. You also agree that we will not be liable to you for any modification, suspension, unavailability, or discontinuance of the Website or any user account. If you violate any of these Terms of Use, your permission to use the Website and Services automatically terminates.

Company is based in Irvine, California. We provide this Website and Services for use only by persons located in countries and territories in which Company does business. We make no claims that the Website, Services, or any of their content is accessible or appropriate outside of those countries and/or territories. Access to the Website and/or Services may not be legal by certain persons or in certain countries or territories. If you access the Website and/or Services from outside a market in which Company does business, you do so on your own initiative and are responsible for compliance with local laws, rules and/or regulations.

YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE, ITS CONTENT, ANY SERVICES, AND ANY ITEMS OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, ANY SERVICES, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS COMPANY AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS COMPANY AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES OR WEBSITE. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Website or Services, or by anyone who may be informed of any of its contents.

NEITHER THE COMPANY NOR ANY COMPANY AFFILIATE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SECURITY, RELIABILITY, QUALITY OR AVAILABILITY OF THE WEBSITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY AND ITS COMPANY AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE AND/OR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (IV) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES OR WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES OR WEBSITE BY ANY THIRD PARTY; OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICES OR WEBSITE. You are SOLELY responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for the reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ANY COMPANY AFFILIATE BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF OR INABILITY TO USE THE WEBSITE, ANY WEBSITE LINKED TO THE WEBSITE OR ANY CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE.

EXCEPT WITH RESPECT TO THE PARTIES’ RESPECTIVE INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, NEITHER PARTY WILL BE LIABLE FOR ANY PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES OR SPECULATIVE DAMAGES, OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE OR OTHER TORT THEORY OF LIABILITY) EVEN IF SAID PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You represent, warrant and covenant that (a) you are authorized to grant the rights, licenses and privileges described in these Terms of Use and to perform and comply with all of the requirements set forth herein; (b) your submission, uploading, posting, emailing, displaying, transmission and/or making available of any content on or through the Website and/or Services does not violate these Terms of Use, any rights of any other party or entity, any of your obligations, any law, rule or regulation; (c) you have the legal right and capability to agree to these Terms of Use and perform and comply with all of its terms and conditions; and (d) you hold and shall continue to hold all ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations hereunder (if and as applicable).

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company and its Company Affiliates from and against any and all claims, liabilities, proceedings, demands, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (i) your use of the Website and/or Services (or any part(s) thereof) and your use of any information obtained from the Website or Services; (ii) any breach or violation (or alleged breach or violation) of these Terms of Use or any applicable law, rule, and/or regulation by you or anyone using your user account; and (iii) any disputes or issues between you and any third party. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.

All matters relating to the Website, Services, Orders, Order Agreement and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any controversy, claim, or dispute arising out of or related to the Website, Services, Orders, Order Agreement and/or these Terms of Use or the interpretation, performance, or breach hereof, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be resolved according to the procedures set forth in this Section which shall constitute the sole dispute resolution mechanism hereunder.

In the event that the Parties are unable to resolve any Dispute after meeting and attempting in good faith to reach a negotiated resolution, such Dispute(s) shall first be mediated by a retired judge or justice of any California state or federal court. If the Parties are unable to agree upon a mediator, either Party may apply to the Los Angeles office of JAMS/Endispute, or its successor (“JAMS”) for the appointment of a mediator from a panel of retired judges and justices maintained by that organization.

If the Parties are unable to resolve one or more Dispute(s) by mediation, then either Party may initiate arbitration of such Dispute(s). The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures or the JAMS Employment Arbitration Rules and Procedures, whichever is applicable, in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules, except that the Parties shall be entitled to undertake discovery in the arbitration in accordance with the statutory provisions and rules applicable, as of the date of the first Arbitration Notice, to discovery in civil actions before a Superior Court of the State of California in Los Angeles County. The arbitrator shall have the authority to hear and rule upon all discovery motions and, in connection therewith, to award sanctions as appropriate in accordance with the then-prevailing California law. Any appeal shall be heard and decided by a panel of three neutral arbitrators. The neutral arbitrator and the members of any Appeal Panel shall be retired judges or justices of any California state or federal court. In all their substantive (as opposed to procedural or discovery-related) rulings, the arbitrator and Appeal Panel shall apply the law specified in the choice of law provision of these Terms of Use. If either Party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within 30 days of such award being rendered, then the other Party may enforce the final award in any court of competent jurisdiction in Los Angeles County. Except to the extent otherwise required pursuant to the applicable JAMS rules and procedures and applicable law, each Party shall pay the fees of its respective attorney(s), the expense of its witnesses, cost of any record or transcript of the arbitration, and any other expenses connected with the arbitration that such Party might be expected to incur had the Dispute been subject to resolution in court.

Any Dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Terms of Use), that may not be arbitrated pursuant to applicable state or federal law may be heard in a court of competent jurisdiction in Los Angeles County. If a Party believes in good faith that all or part of a Dispute, or any claim for relief or remedy sought, is not subject to arbitration under then-prevailing law, then that Party may seek a determination to that effect from an appropriate court. If the court determines that the matter is not arbitrable or that the remedy sought is not available in arbitration, then the specific matter or request for remedy in question shall be resolved by the court, sitting without a jury, and the Parties hereby irrevocably waive their respective rights to trial by jury of any cause of action, claim, counterclaim or cross-complaint in any action or other proceeding brought by any Party against any other party or parties with respect to any matter arising out of, or in any way connected with or related to, these Terms of Use or any portion thereof, whether based upon contractual, statutory, tortious or other theories of liability. All other matters and claims for relief shall be subject to arbitration as set forth above.

You may not bring any Dispute hereunder later than the expiration of the period of the applicable statute of limitations established by law for such Dispute or one (1) year after the Dispute accrued, whichever occurs first.

You shall not have the right to assign, transfer, delegate, sell or otherwise dispose of these Terms of Use and/or the Order Agreement, in whole or in part. Any such assignment shall be void.

No waiver by the Company of any term or condition set forth in these Terms of Use (including the Platform Terms of Service and the Order Agreement therein) shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

This website is operated by Ascend Agency, LLC. All notices, requests, consents, and other communications hereunder shall be in writing. Notices to you shall be sent to the address provided by you on the Website and/or any applicable Order. Notices to Company shall be sent to contact@ascendagency.com. Any notices to Company concerning claims of copyright infringement shall be in accordance with the Digital Millennium Copyright Act (“DMCA”) by providing the following information (see 17 U.S.C. 512(c)(3) for further details):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge and agree that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: contact@ascendagency.com.

The Terms of Use (including the Platform Terms of Service and the Order Agreement therein) constitute the sole and entire agreement between you and Ascend Agency, LLC, with respect to the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Services.

Thank you for visiting the Website.