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Web Site Terms of Use |
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PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE
USING THIS WEB SITE (THE "WEB SITE"). THESE WEB SITE TERMS OF
USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE
WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE
CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS
OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU
AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR
"YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF
USE. |
The Web Site is provided by Ascendance Partners, LLC and
available only to entities and persons over the age of
legal majority who can form legally binding agreement(s)
under applicable law. If You do not qualify, You
are not permitted to use the Web Site. |
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These Terms of Use govern Your use of the
Web Site and all applications, software, and services
(collectively, "Services") available on the Web
Site, except to the extent such Services are the subject
of a separate agreement. Specific terms or
agreements may apply to the use of certain Services and
other items provided to You on the Web Site
("Service Agreement(s)"). Any such Service
Agreements accompany the applicable Services or are
listed in association with or through a hyperlink
associated with the applicable Services. |
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Ascendance Partners, LLC may revise and update these Terms of
Use at any time. Your continued usage of the Web
Site after any changes to these Terms of Use will mean
You accept those changes. Any aspect of the Web Site may
be changed, supplemented, deleted or updated without
notice at the sole discretion of Ascendance Partners, LLC. Ascendance Partners, LLC may also
change or impose fees for products and services provided
through the Web Site at any time in its sole discretion.
Ascendance Partners, LLC may establish or change, at any time, general
practices and limits concerning other Ascendance Partners, LLC products and
services in its sole discretion. |
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The Ascendance Partners, LLC Privacy Policy governs the use of
information collected from or provided by You at the Web
Site. With respect to any individual whose
personal information is provided by You to Ascendance Partners, LLC, You
represent to Ascendance Partners, LLC that You have obtained all necessary
consents for the processing of such personal information
contemplated by the Services You are using and by the
Ascendance Partners, LLC Privacy Policy, including the transfer of such data
to the United States or other countries whose laws may
not provide the same level of protection for the
personal data as the laws of the country of origin of
such individual. |
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Any and all intellectual property rights
("Intellectual Property") associated with the Web Site
and its contents (the "Content") are the sole property
of Ascendance Partners, LLC, its affiliates or third parties. The Content is
protected by copyright and other laws in both the United
States and other countries. Elements of the Web Site are
also protected by trade dress, trade secret, unfair
competition, and other laws and may not be copied or
imitated in whole or in part. All custom graphics,
icons, and other items that appear on the Web Site are
trademarks, service marks or trade dress ("Marks") of
Ascendance Partners, LLC, its affiliates or other entities that have granted
Ascendance Partners, LLC the right and license to use such Marks and may not
be used or interfered with in any manner without the
express written consent of Ascendance Partners, LLC. Except as otherwise
expressly authorized by these Terms of Use, You may not
copy, reproduce, modify, lease, loan, sell, create
derivative works from, upload, transmit, or distribute
the Intellectual Property of the Web Site in any way
without Ascendance Partners, LLC's or the appropriate third party's prior
written permission. Except as expressly provided herein,
Ascendance Partners, LLC does not grant to You any express or implied rights
to Ascendance Partners, LLC's or any third party's Intellectual
Property.
Ascendance Partners, LLC grants You a limited, personal,
nontransferable, nonsublicensable, revocable license to
(a) access and use only the Web Site, Content and
Services only in the manner presented by Ascendance Partners, LLC, and (b)
access and use the Ascendance Partners, LLC computer and network services
offered within the Web Site (the "Ascendance Partners, LLC Systems") only in
the manner expressly permitted by Ascendance Partners, LLC. Except for this
limited license, Ascendance Partners, LLC does not convey any interest in or
to the Ascendance Partners, LLC Systems, information or data available via
the Ascendance Partners, LLC Systems (the "Information"), Content, Services,
Web Site or any other Ascendance Partners, LLC property by permitting You to
access the Web Site. Except to the extent required by
law or as expressly provided herein, none of the Content
and/or Information may be reverse-engineered, modified,
reproduced, republished, translated into any language or
computer language, re-transmitted in any form or by any
means, resold or redistributed without the prior written
consent of Ascendance Partners, LLC. You may not make, sell, offer for sale,
modify, reproduce, display, publicly perform, import,
distribute, retransmit or otherwise use the Content in
any way, unless expressly permitted to do so by
Ascendance Partners, LLC. |
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6. Restrictions on Use of the Web
Site
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In addition to other restrictions set
forth in these Terms of Use, You agree that:
(a)
You shall not disguise the origin of information
transmitted through the Web Site. (b) You will not
place false or misleading information on the Web
Site. (c) You will not use or access any service,
information, application or software available via the
Web Site in a manner not expressly permitted by
Ascendance Partners, LLC. (d) You will not input or upload to the Web Site
any information which contains viruses, Trojan horses,
worms, time bombs or other computer programming routines
that are intended to damage, interfere with, intercept
or expropriate any system, the Web Site or Information
or that infringes the Intellectual Property (defined
below) rights of another. (e) Certain areas of the
Web Site are restricted to customers of Ascendance Partners, LLC. (f) You
may not use or access the Web Site or the Ascendance Partners, LLC Systems or
Services in any way that, in Ascendance Partners, LLC's judgment, adversely
affects the performance or function of the Ascendance Partners, LLC Systems,
Services or the Web Site or interferes with the ability
of authorized parties to access the Ascendance Partners, LLC Systems,
Services or the Web Site. (g) You may not frame or
utilize framing techniques to enclose any portion or
aspect of the Content or the Information, without the
express written consent of Ascendance Partners, LLC. |
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(a) Outbound Links. The
Web Site may contain links to third-party Web Sites and
resources (collectively, "Linked Sites"). These Linked
Sites are provided solely as a convenience to You and
not as an endorsement by Ascendance Partners, LLC of the content on such
Linked Sites. Ascendance Partners, LLC makes no representations or warranties
regarding the correctness, accuracy, performance or
quality of any content, software, service or application
found at any Linked Site. Ascendance Partners, LLC is not responsible for the
availability of the Linked Sites or the content or
activities of such sites. If You decide to access Linked
Sites, You do so at Your own risk. In addition, Your use
of Linked Sites is subject to any applicable policies
and terms and conditions of use, including but not
limited to, the Linked Site's privacy policy. (b)
Inbound Links. Linking to any page of
the Web Site other than to http://www.Ascendance Partners, LLC.com through a
plain text link is strictly prohibited in the absence of
a separate linking agreement with Ascendance Partners, LLC. Any web site or
other device that links to http://www.Ascendance Partners, LLC.com or any
page available therein is prohibited from (a)
replicating Content, (b) using a browser or border
environment around the Content, (c) implying in any
fashion that Ascendance Partners, LLC or any of its affiliates are endorsing
it or its products, (d) misrepresenting any state of
facts, including its relationship with Ascendance Partners, LLC or any of its
affiliates, (e) presenting false information about Ascendance Partners, LLC
products or services, and (f) using any logo or mark of
Ascendance Partners, LLC or any of its affiliates without express written
permission from Ascendance Partners, LLC. |
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Ascendance Partners, LLC does not accept ideas, concepts, or
techniques for new services or products through the Web
Site ("Comments"). If such Comments are received,
You acknowledge that (a) they will not be considered
confidential or proprietary, (b) Ascendance Partners, LLC and its affiliates
are under no obligation to keep such information
confidential, and (c) Ascendance Partners, LLC will have an unrestricted,
irrevocable, world-wide, royalty-free right to use,
communicate, reproduce, publish, display, distribute,
and exploit such Comments in any manner it
chooses. |
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You agree that Ascendance Partners, LLC, in its sole
discretion, may terminate or suspend Your use of the Web
Site, the Ascendance Partners, LLC Systems, Information, Services and Content
at any time and for any or no reason in its sole
discretion, even if access and use continues to be
allowed to others. Upon such suspension or
termination, You must immediately (a) discontinue use of
the Web Site, and (b) destroy any copies You have made
of any portion of the Content. Accessing the Web
Site, the Ascendance Partners, LLC Systems, Information or Services after
such termination, suspension or discontinuation shall
constitute an act of trespass. Further, You agree
that Ascendance Partners, LLC shall not be liable to You or any third party
for any termination or suspension of Your access to the
Web Site, the Ascendance Partners, LLC Systems, Information and/or the
Services. |
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10. Disclaimer of Warranties
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ASCENDANCE PARTNERS, LLC MAKES NO REPRESENTATIONS ABOUT THE
RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE ASCENDANCE PARTNERS, LLC
SYSTEMS, THE SERVICES, THE INFORMATION OR THE
CONTENT. THE USE OF SAME IS AT YOUR OWN
RISK.
THE WEB SITE, THE ASCENDANCE PARTNERS, LLC SYSTEMS, THE
INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED
ON AN "AS IS" BASIS. ASCENDANCE PARTNERS, LLC, ITS LICENSORS, AND ITS
SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR
PURPOSE. ASCENDANCE PARTNERS, LLC AND ITS AFFILIATES, LICENSORS AND
SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT
THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF
THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR
THROUGH THE USE OF THE WEB SITE OR THE Ascendance Partners, LLC
SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE
WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
BY ASCENDANCE PARTNERS, LLC IN THESE TERMS OF USE.
SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE
LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY
TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR
STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT
AFFECTED BY THESE PROVISIONS. YOU AGREE AND
ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF
LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE
ARE FAIR AND REASONABLE. |
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11. Limitation of Liability
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TO THE EXTENT PERMITTED BY APPLICABLE LAW
AND TO THE EXTENT THAT ASCENDANCE PARTNERS, LLC IS OTHERWISE FOUND
RESPONSIBLE FOR ANY DAMAGES, ASCENDANCE PARTNERS, LLC IS RESPONSIBLE FOR
ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY
LAW, IN NO EVENT SHALL ASCENDANCE PARTNERS, LLC, ITS AFFILIATES, ITS
LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED
AT THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT,
EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO
USE THE WEB SITE, THE ASCENDANCE PARTNERS, LLC SYSTEMS, INFORMATION, SERVICES
OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT,
TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT ASCENDANCE PARTNERS, LLC IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE
REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE
EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED
FOR IN THESE TERMS OF USE. |
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12. Compliance with Law Including Export Control
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You agree to use the Web Site in strict
compliance with all applicable laws, rulings and
regulations and in a fashion that does not, in the sole
judgment of Ascendance Partners, LLC, negatively reflect on the goodwill or
reputation of Ascendance Partners, LLC and shall take no actions which would
cause Ascendance Partners, LLC to be in violation of any laws, rulings or
regulations applicable to Ascendance Partners, LLC.
Ascendance Partners, LLC and the Web
Site are based in the United States. The United
States and certain other jurisdictions control the
export of products and information. You agree to
comply with all such applicable restrictions and not to
export or re-export the Content (including any software
or the Services) to countries or persons prohibited
under the United States or other applicable export
control laws or regulations. If You access and
download the Content (including any software or the
Services) or Information, You represent that You are not
in a country where such export is prohibited or are not
a person or entity to which such export is
prohibited. You are solely responsible for
compliance with the laws of Your local jurisdiction and
any other applicable laws regarding the import, export,
or re-export of the Content (including any software or
the Services). |
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13. Forward-looking Statements
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Except for historical information
contained herein, the statements made in this Web Site
constitute forward-looking statements within the meaning
of Section 27A of the Securities Act of 1933 and Section
21E of the Securities Exchange Act of 1934. Such
forward-looking statements involve certain risks and
uncertainties, including statements regarding the
intent, belief or current expectations of Ascendance Partners, LLC and its
management regarding the company's strategic directions,
prospects and future results. Certain factors may cause
actual results to differ materially from those contained
in the forward-looking statements, including economic
and other conditions in the markets in which we operate,
our competitive environment, long-term regulatory,
economic and other effects from the events of September
11, 2001, strikes, work stoppages and slowdowns,
governmental regulation, increases in aviation and motor
fuel prices, cyclical and seasonal fluctuations in our
operating results, and other risks discussed in the
company's filings with the Securities and Exchange
Commission, which discussions are incorporated herein by
reference. |
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TO THE FULLEST EXTENT PERMITTED BY
LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING
ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE,
THE ASCENDANCE PARTNERS, LLC SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL
BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE
COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF
AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU
MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR
TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU
AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF
OR RELATED TO YOUR USE OF THE WEB SITE, THE ASCENDANCE PARTNERS, LLC SYSTEMS,
INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED
WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION
AROSE. |
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You may not assign these Terms of Use or
any of Your interests, rights or obligations under these
Terms of Use. If any provision of these Terms of
Use is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and
effect. No waiver of any of these Terms of Use
shall be deemed a further or continuing waiver of such
term or condition or any other term or condition. |
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You may preserve these Terms of Use in
written form by printing them for your records, and you
waive any other requirement that these Terms of Use be
evidenced by a written document. |
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EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE
LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU
AND ASCENDANCE PARTNERS, LLC, THESE TERMS OF USE CONSTITUTE THE ENTIRE
AGREEMENT BETWEEN YOU AND ASCENDANCE PARTNERS, LLC WITH RESPECT TO THE USE OF
THE WEB SITE, THE ASCENDANCE PARTNERS, LLC SYSTEMS, AND ANY SOFTWARE OR
SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND
SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS
AND AGREEMENTS CONCERNING THE SUBJECT MATTER
HEREOF. |
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| Copyright © 2009 Ascendance Partners, LLC All Rights Reserved. |
Terms of use |
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