Ascendus - Terms of Use

Conduct

You agree to access and use the Site only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Site, including any Ascendus content or Ascendus interactive or collaborative areas. By accessing the Site, you agree that you will not:

Use the Site to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, federal or international law or regulation, including, but not limited to, export control laws and regulations;
Post or transmit any unlawful, threatening, libellous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content or content that is either prohibited by law or pursuant to these Terms and Conditions of Use;
Use the Site to impersonate Ascendus personnel or other parties or entities;
Use the Site to cause the distribution of any content that contains a software virus, worm, time bomb, "trojan horse" or any other computer code, files or programs that may alter, damage or interrupt the functionality of the Site or the hardware, software, programs or content of any other person, entity or organization, whether or not such other person, entity or organization uses the Site or is a direct target of your actions;
Upload, post, e-mail or otherwise transmit any materials that you do not have a right to transmit under any law or under a contractual or fiduciary relationship (e.g., inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under a non-disclosure agreement);
Alter, damage or delete any content or other communications that are not your own;
Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship or speak;
Post or transmit any advertising, promotional materials, or other forms of solicitation to other users. A Post any material that infringes or violates the intellectual property rights of another; or
Collect or store personal information about other users.

Privacy

Your privacy and the privacy of others are important to Ascendus. As such, Ascendus is committed protecting your privacy. We will not share, rent or sell your information to anybody.

Termination

Ascendus, in its sole discretion, may terminate or suspend your access to and use of the Site without notice and for any reason. Ascendus may discontinue operating the Site and terminate these Terms and Conditions of Use without notice at any time for any reason in its sole discretion. Ascendus may at any point with or without notice, change the content on the site.

Trademarks

Ascendus and Team360 are trademarks of Ascendus Inc. No such trade mark or other proprietary material may be used in any advertising or other publicity materials in relation to the distribution of any information or materials obtained from this Site without the prior written consent of the intellectual property owner.

All other trademarks are the property of their respective owners and Ascendus claims no proprietary interest in them.

Website Content and Related Links

Ascendus does not review responses provided by users and does not control their content, but merely provides a platform to allow for the creation, distribution and delivery of such content. Ascendus is not responsible for the accuracy, operation, quality or reliability of content or any related links provided inside content. In no event shall Ascendus be liable to any person or entity, either directly or indirectly, with respect to any materials from third parties accessed through the Site. You assume total responsibility and risk for your use of any third-party content. Ascendus disclaims any and all responsibility for content contained in any third-party content provided through links from the Site.

Opinions of Users

Opinions expressed by users are those of the individual expressing them, and are not the Opinions or beliefs of Ascendus. No representation is made that any such Opinions are accurate or complete. Ascendus and its affiliates will not be responsible or liable for claims relating to the Opinions and neither Ascendus nor its affiliates make any expressed or implied representations or warranties as to the accuracy or completeness of the Opinions, or for statements or errors contained therein, or omissions from them.

Policy on Spamming

You specifically agree that you will not transmit unsolicited messages unless such message specifically pertains to assessments that you are associated with.

Trademark and Service Mark

Ascendus, and all Ascendus logos and any unique trade dress, are trademarks or service marks of Ascendus. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks and logos of their respective owners. Violations or infringements of the rights created pursuant to these marks, logos, names and patents will be aggressively prosecuted.

Login Details and Passwords

You are responsible for maintaining the confidentiality of all your login identification name/numbers, passwords, and similar information. You must immediately notify Ascendus of any unauthorized use of your registration name/number, password, or similar information.

Use of Content and Copyrights

Ascendus has the right to monitor the content that you provide by means of the Site, but shall not be obligated to do so. The contents of the Site and Ascendus content are protected by copyright as individual works, collective work and/or compilations, pursuant to United States and foreign copyright laws. You agree to abide by all copyright notices and other restrictions contained in the Site and in the course materials. Access to, and use of, the Site is solely for your personal use. Accessing, using, displaying, performing, distributing, copying or downloading content from the Site for other than personal, educational, and non-commercial use is expressly prohibited without prior written consent of Ascendus or the individual copyright owner identified in any copyright notice.

Indemnification

By accessing the Site, you agree to defend, indemnify, and hold harmless Ascendus, its and their officers, directors, shareholders, employees, affiliates and agents ("Indemnified Parties") from and against any and all liabilities and costs (including, without limitation, reasonable attorneys' fees and costs) incurred by the Indemnified Parties in connection with any claim arising from any breach by you of these Terms and Conditions of Use. You further agree to cooperate as fully as may be reasonably required in the defence of any such claim. Ascendus reserves the right to assume, at its own expense, the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Ascendus.

DISCLAIMER OF WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, INCLUDING ANY ASCENDUS CONTENT OR ASCENDUS INTERACTIVE OR COLLABORATIVE AREAS, IS AT YOUR OWN RISK. NEITHER ASCENDUS NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. THE CONTENT AND FUNCTION OF THE SITE ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ASCENDUS SHALL NOT BE LIABLE FOR ANY INTERRUPTION OF OR ERROR IN PROVIDING SERVICES UNDER ANY CIRCUMSTANCES OR ANY VIRUSES OR DAMAGING CODE TRANSMITTED IN CONNECTION WITH THE SITE OR ANY ASCENDUS CONTENT, INCLUDING, BUT NOT LIMITED TO, ASCENDUS'S NEGLIGENCE OR THE NEGLIGENCE OF ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR AGENTS. YOU ACKNOWLEDGE THAT DUE TO THE NATURE OF THE INTERNET, THE SITE MAY NOT BE ACCESSIBLE AT ALL TIMES AND THAT INFORMATION TRANSMITTED OVER THE INTERNET MAY BE SUBJECT TO THIRD PARTY INTERCEPTION AND MODIFICATION. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, IN SUCH STATES THE PRECEDING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE GREATEST EXTENT PERMITTED.

LIMITATION OF LIABILITY

IN NO EVENT WILL ASCENDUS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF ASCENDUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES UNEXT AND ASCENDUS'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED.

Modification of these Terms and Conditions of Use

Ascendus maintains the right to modify these Terms and Conditions of Use at any time and may do so by posting notice of such modifications on this page. Any modification is effective immediately upon posting the modification on the relevant Site. Your continued use of the Site following the posting of any modification signifies your acceptance of such modification and your willingness to be bound by the Terms and Conditions of Use as modified. Thus, you will be bound by such revisions and should periodically visit this page to review the current Terms and Conditions of Use.

General

By using the Site, you agree to these Terms and Conditions of Use. These Terms and Conditions of Use shall be construed in accordance with the laws of Illinois, exclusive of its choice of law rules. You hereby submit to the exclusive jurisdiction of the state and federal courts having jurisdiction in Cook County, Illinois, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions of Use, the prevailing party will be entitled to costs and reasonable attorney fees. In the event that any provisions of these Terms and Conditions of Use are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions of Use shall otherwise remain in full force and effect. These Terms and Conditions of Use, together with the agreements entered into in connection with taking a course, constitute the entire understanding between the parties pertaining to use of the Site, and any prior written or oral agreements between the parties are expressly canceled.

Terms of Use