Last updated: March 1, 2023
By accessing and/or using the Service you agree to be bound by these Terms. Ascensus reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of any changes will mean that you accept and agree to those changes.
Relation to other Agreements
If you have an account with Ascensus, your customer relationship with Ascensus is also governed by your customer account agreements with Ascensus. If there is any conflict between these Terms and your account agreement(s), then your account agreement(s) will govern.
Service Rights and Restrictions on Use
Ascensus grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within the Service solely for your personal, informational, and noncommercial use. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access and use the Service. Ascensus reserves all rights not expressly granted in these Terms.
Except as otherwise stated in these Terms, or as expressly authorized by Ascensus in writing, you may not (nor enable others to):
User Content and License Grant
You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, email, transmit, or otherwise, make available via the Service (“User Content”). By submitting, uploading, posting, emailing, or transmitting User Content to the Service, you represent and warrant that either you own all right, title, and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the Service. Ascensus does not control and is not responsible for the User Content uploaded via the Service, and Ascensus neither guarantees the accuracy, quality, or appropriateness of nor endorses any User Content submitted to the Service.
You agree not to use the Service to:
Ascensus has the right to determine, in its sole discretion, whether any User Content violates any of the foregoing paragraphs.
You grant Ascensus and its directors, officers, employees, agents, licensors, and vendors a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sublicensable and transferable right and license to use, store, modify, adapt, translate, publish, display, broadcast, disclose, distribute, sell, reproduce, and create derivative works from any User Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know-how, ideas, or expressions of ideas arising out of or based on the User Content, for any purpose in Ascensus’ sole discretion, without the requirements of any permission from or compensation or notice, and without liability, to you or any third party. Ascensus shall exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of Ascensus that incorporate or otherwise make use of any User Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.
You acknowledge that Ascensus and/or its licensors may or may not (but are not obligated to) monitor User Content, and that Ascensus shall have the right in its sole discretion to monitor, post, move, prohibit, or remove any User Content, in whole or in part, for any reason whatsoever, without notice and without liability.
When you create an account with us, you guarantee that the information you provide is accurate, complete, and current at all times. Please be aware that inaccurate, incomplete, or obsolete information may result in a degradation of the Service or, in Ascensus’ reasonable discretion, a suspension of your use of the Service.
Certain parts of the Service may be protected by passwords or require a login. Further, for authentication purposes, Ascensus may provide you with security codes to enable you to access the Service, and certain features of the Service may require you to answer designated security question(s). You agree to provide Ascensus with current, complete, and accurate information about yourself as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree to use the Service to access only those accounts on which you are authorized to act, and you agree to use your own user names, logins, passwords, and security questions and answers when accessing accounts on which you are authorized to act. You represent and warrant that the phone number you provide to receive security codes is registered in your name. You further agree not to obtain or attempt to obtain unauthorized access to any Contents, parts of or features of the Service, or to any other protected materials or information, through any means not intentionally made available to you by Ascensus.
You are responsible for maintaining the confidentiality of your account information, usernames, logins, passwords, and security questions, including but not limited to the restriction of access to your computer and other devices and/or your account. You agree to accept responsibility for any and all of your, or your agents’, activities, actions or inactions that occur in connection with your account and/or password. You must notify us immediately upon becoming aware of any breach of security or of any unauthorized use of your account. Ascensus will not be liable for any loss or damage arising from your failure to comply with this paragraph.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene as determined by Ascensus in its sole discretion.
Data, Information, and Content
The Contents on the Service are for general information, education, and noncommercial purposes only. The term “Contents” means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, the “Contents”), including but not limited to the design, structure, selection, coordination, expression, and “look and feel” thereof. Although Ascensus may provide Contents relating to investment approaches which may include, but not be limited to, opportunities to buy or sell securities or funds, you should not construe any Materials or Contents available through the Service as regulatory, legal or tax advice at any time. You understand and acknowledge that you will bear the sole responsibility of evaluating the merits and risks associated with your use of any Materials or Contents. You further agree not to hold Ascensus or its licensors liable for any possible claim for damages arising from any decision you make based on the Materials or Contents made available to you through this Service. By providing access to other websites, neither Ascensus nor any of its affiliates are recommending the purchase or sale of any investments issued or offered by any company, nor are they endorsing services provided by any website’s sponsoring organization.
The Service, Contents and Materials are the exclusive property of Ascensus and/or its licensors. The Service, Contents, and Materials are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Ascensus.
We respect the intellectual property rights of others. It is therefore our policy to respond to any claim alleging that content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright Infringement, please submit your claim via email to email@example.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "Notice and Procedure If You Suspect a Copyright Infringement ".
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith Infringement claims.
Notice and Procedure If You Suspect a Copyright Infringement
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our designated agent (via the email above) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Trademarks and Patents
All trademarks, service marks, and logos appearing on the Service are the exclusive property of their respective owners including, but not limited to:
Links to Other Web Services
Our Service may contain links to third-party websites or services that are not owned or controlled by Ascensus. Ascensus has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. Once you leave our website you assume the risk of any links or websites that you access. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Ascensus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We reserve the right to terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including, but not limited to a breach of these Terms.
All provisions of these Terms which by their nature should survive termination of the Service, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Ascensus and its licensors, suppliers and any of 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), resulting from or arising out of (i) your use and/or access of the Service; (ii) use and/or access by any person using your account and/or login credentials; or (iii) your breach of these Terms.
Limitation of Liability
In no event shall Ascensus nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any Contents obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. 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, non-infringement or course of performance.
Ascensus does not warrant that (i) the Service will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The Service is controlled and operated within the United States. The Service is intended solely for U.S. residents within States where Ascensus offers products or services. The Service shall not be considered a solicitation for or offering of any product or service to any person in any jurisdiction where such product or service is not available, or would be illegal.
These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict of law provisions.
Integration and Severability
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding your use of the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will notify you through a notice on our website(s) prior to implementation. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at AscensusLegal@ascensus.com.