Ownership.

Except for items in the public domain, the information, photos, graphics, programs, services, processes, designs, software, technologies, trademarks, trade names, inventions, and all other materials comprising the Site (collectively, the “Materials”), are only owned by (or licensed to) ASCENDpbm, LLC (“ASCEND”) and/or its content providers. The Site contains copyrighted material, trademarks, and other proprietary information including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Site are copyrighted under the United States copyright laws. ASCEND owns a copyright in the selection, coordination, arrangement, and enhancement of such content as well as in any original content. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any of the Materials without the written permission of ASCEND or such other party that may own the Materials.

Use of the site.

Except for your non-commercial personal use, the Site, in whole or in part, may not be sold, reproduced, published, broadcasted via radio or television, or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose, or used for advertising or any other purpose. Unauthorized use of the Site and/or the Materials may violate applicable copyright, trademark, or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the Materials. The use of the Materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

By uploading or otherwise submitting a file or other information (“Contribution”) to the Site, you automatically grant or warrant that the copyright owner of the Contribution has expressly granted to ASCEND a perpetual, royalty-free, irrevocable, worldwide, non-exclusive right and license to use, reproduce, publicly display and/or perform, modify, store, publish, adapt, translate, create derivative works from, and/or distribute the Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed for the full term of any copyright that may exist in the Contribution as if the Contribution were public domain information. You similarly permit any Internet user to download, store, manipulate, reformat, view, print, and display Contribution for that user’s personal use.

Age and Responsibility.

You represent that you are of legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You understand that you are financially responsible for all uses of the Site by you and those using your login information.

Privacy.

You have read the Privacy Policy and the terms of which are incorporated herein, and you agree that the terms of such policy are reasonable. You consent to the use of your personal information by ASCEND and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the ASCEND Privacy Policy.

No warranties and Limitations of Liability.

The Site is provided “as is”, and neither ASCEND nor any of its suppliers, content providers, licensors, employees, agents, or the like makes any express or implied representations or warranties regarding the usability, condition, or operation thereof. No oral advice or written information given to you by ASCEND or any of its content providers, agents, or the like shall create any warranty. Neither ASCEND nor any of its content providers, agents, or the like warrants that access to, or use of, the site will be uninterrupted, virus-free, or error-free, or that the site (including, without limitation, any content on the site) will meet any particular criteria of performance or quality. ASCEND, on behalf of itself and all of its content providers, agents, and the like, hereby expressly disclaims any and all warranties and/or representations, whether express or implied, oral or written, including, without limitation, any and all implied warranties of merchantability, reasonable care, compatibility, security, reliability, accuracy, and/or fitness for a particular purpose (whether or not ascend knows, has reason to know, has been advised, or is otherwise, in fact, aware of any such purpose), in each instance in respect of the site. Furthermore, ASCEND, on behalf of itself and all of its content providers, agents, and the like, hereby expressly disclaims any and all warranties of title and/or non-infringement in respect of the site.

Limitation of Liability.

ASCEND and all of its content providers, agents, and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential, and/or special damages arising out of your use of, or inability to use, the Site, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if ASCEND has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, negligence, or under any other cause of action. For further clarity, in all events, ASCEND and all of its content providers, agents, and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.

The provisions of this section above represent a reasonable allocation of the risks. ASCEND’s willingness to allow you to use the Site reflects this allocation of risk and the limitations of liability specified herein.

Indemnification.

You agree to indemnify ASCEND and all of its content providers, agents, and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys’ fees), and/or damages arising out of claims based upon your use of the Site including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.

Links.

The Site may contain links to websites operated by parties other than ASCEND. Such links are provided for your reference only. ASCEND does not control such websites and is not responsible for their content. ASCEND makes no representation or warranty regarding any other websites or the contents or materials on such websites. The Site’s inclusion of links to other websites does not imply ASCEND’s endorsement of the material on the websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

Governing Law.

This Agreement and its performance shall be governed by the laws of the state of Delaware, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of Delaware, United States of America, in all questions and controversies arising out of your use of this site and this Agreement.

No Waiver.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and ASCEND nor the trade practice shall modify any provision of these Terms.

Modification.

ASCEND may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the Terms and Conditions in force at the time of your use.

Additional Terms.

Additional terms and conditions may apply to purchases of goods and services and other uses of portions of the Site, and you agree to abide by such other terms and conditions.

Severability.

These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Intellectual Property Notices.

All contents of the Site are Copyright ©ASCENDpbm and/or its suppliers, ASCENDpbm LLC, 251 Little Falls Drive, Wilmington, Delaware, 19808 U.S.A. All rights reserved. ASCENDpbm (“ASCEND) and other names of ASCENDpbm referenced in the Site are trademarks or registered trademarks of ASCENDpbm. Other products and company names mentioned on the Site are the trademarks of their respective owners.

Entire Agreement.

These Terms and Conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. Please contact us if you have questions or concerns regarding ASCENDpbm’s Terms and Conditions Statement.

Attn: Privacy Officer

220 S. Glendora Avenue, Glendora, CA 91741

Email: info@ASCENDpbm.com