Terms of Service
Effective Date: October 1, 2021
By accessing or using the Site, you acknowledge that you have read and understand this Agreement and that you agree to be bound by its terms and conditions. If you do not agree with this Agreement or to abide by all applicable laws, you must discontinue use of the Site immediately. As long as you comply with this Agreement, Ascent grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site.
This Agreement contains an arbitration provision which will, with limited exception, require you to submit disputes you have against Ascent, Inc. to binding and final arbitration. You will only be permitted to pursue claims against Ascent, Inc. on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
The content on the Site pertains to human resource matters, is prepared for educational and informational purposes only, and does not provide legal, human resources, tax or accounting advice or opinions on any specific matters. Content includes all text, data, logos, graphics, images, photographs, visual interfaces, user interfaces, videos, and other materials provided, including but not limited to the design, structure, selection, coordination, and arrangement of such content contained on the Site. The content, marks and all other proprietary material accessible through this Site is protected by a variety of U.S. and international laws and regulations.
Although we make reasonable efforts to provide you with accurate content, we make no guarantees, representations or warranties, whether expressed or implied, with respect to the professional qualifications, expertise, quality of work, price or cost information, insurance coverage or benefit information or any other content available on the Site. In no event shall we be liable to you or anyone else for any decision or action taken by you in reliance on any such content.
The Site may contain links to content, applications, or websites that are controlled and/or maintained by third parties (“External Site(s)”), including websites owned or operated by local, state or federal government organizations. Ascent makes no representations whatsoever about any other site that you may access through this Site. Links to External Sites are provided solely as a convenience to authorized users of this Site. Since Ascent has no control over External Sites and resources, you acknowledge and agree that Ascent is not responsible for the availability of such External Sites or resources and is not responsible or liable for any content, advertising, products, services or other material on or available from such External Sites or resources.
Ascent, its licensors, or other third parties own all copyrights to the content on this Site and all other intellectual property rights related to this Site and are protected by U.S. and international copyright, patent, trademark, and other applicable laws. Unless otherwise stated, intellectual property rights include, without limitation, trademarks, service marks, copyrights, images, text, graphics, illustrations, logos, designs, icons, videos, written material and user content. Unless expressly authorized by Ascent (through this Agreement or otherwise) or otherwise permitted by law, no part of the Site nor content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise without Ascent’s express prior written consent.
You agree that any feedback, comments, or suggestions you may provide regarding Ascent or the services provided by the company are entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
By using this Site, you represent and warrant that: (i) you have the legal capacity and you agree to comply with the Terms of Service; (ii) you are not a minor in the jurisdiction in which you reside; (iii) you will not access the site through automated or non-human means, whether through a bot, script or otherwise; (iv) you will not use the site for any illegal or unauthorized purpose; and (v) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current and future use of the Site or Service.
You agree to defend, indemnify and hold harmless Ascent and its subsidiaries, agents, licensors, managers, distributors, and other affiliated companies, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your user content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your account or log-in information.
ASCENT DOES NOT GUARANTEE ANY RESULTS FROM USING THIS SITE. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY INFORMATION, DOCUMENTS, OR MATERIAL THAT MAY BE POSTED ON, OR AVAILABLE THROUGH, THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO REPLACE OR BE A SUBSTITUTE FOR ANY PROFESSIONAL FINANCIAL, BUSINESS, EMPLOYMENT, LEGAL, TAX, INSURANCE, COMPLIANCE, MEDICAL OR OTHER ADVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASCENT OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ASCENT, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.
ASCENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, INFORMATION OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE ASCENT SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ASCENT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
ASCENT DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, THE PRIVACY ACT OF 1974, THE ELECTRONIC COMMUNICATIONS PRIVACY ACT OF 1986, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. ASCENT SPECIFICALLY DISCLAIMS THAT ATARAXIS IS ANY MANNER ACTING AS, OR AGREES TO WARRANT ANY COMPLIANCE WITH THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (“ERISA”) OR OTHERWISE THAT ASCENT IS A FIDUCIARY, TRUSTEE, ‘ADMINISTRATOR’ OR ‘NAMED FIDUCIARY’ UNDER ANY CLIENT OR CLIENT ADMINISTERED, AUTHORIZED USER EMPLOYEE BENEFIT PLAN.
Governing Law and Jurisdiction
The Service is controlled and operated by Ascent from within the United States of America. Ascent makes no representations that the Service or the materials available via the Service, are appropriate or available for use in other locations outside of the United States. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with all United States of America laws as well as local laws, if and to the extent local laws are applicable.
You agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Ascent, either specific or general, in jurisdictions other than Nevada. This Agreement and any disputes shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. An arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. All arbitration and other litigation in a court of competent jurisdiction of any dispute between you and Nevada related to this Agreement shall be located in Clark County, Nevada.
You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.