A. The Terms
1. Acceptance of Terms
By using the Site, you (i) agree to be bound by the Terms, (ii) represent that you are over the age of thirteen (18) and able to form legally binding contracts, (iii) agree and acknowledge that by using the Service you are accepting a benefit that cannot be disgorged, (iv) represent that you are neither located in sanctioned country nor a prohibited person.
PLEASE NOTE THAT THESE TERMS PROVIDE THAT IF YOU AND Ascend Nutritionals™ ARE UNABLE TO RESOLVE ANY DISPUTES THAT ARISE BETWEEN YOU AND Ascend Nutritionals™ AND THE DISPUTE IS NOT RESOLVED INFORMALLY OR THROUGH MEDIATION, THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. YOU AND Ascend Nutritionals™ ALSO AGREE THAT ANY CLAIMS OR DISPUTES CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW IF YOU DO NOT ACCEPT THE ARBITRATION PROVISION BELOW, YOU MAY NOT USE THE SITE.
The words "User," "you" and "your" refer to the individual or entity that accesses the Site as a Customer. "Ascend Nutritionals™," "we," "us" and "our" refer to Ascend Nutritionals™. "Customer" refers to the person who visits the Site.
3. Your License to Access and Use the Services and Ownership
The content, information, software, designs, materials, functions and data included in and contained on the Services (the "Content") are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Services.
Unless indicated to the contrary and subject to your strict compliance with these Terms, you may access and use the Services only for personal, non-commercial use, or in connection with your authorized purchase or sale of our products. In connection with these uses, Ascend Nutritionals™ grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the Services on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an "Internet Device"), provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of Services is prohibited.
In the event that we offer downloads of software on a Service and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, non-commercial use only. Your use of the Software may be governed by additional terms, which may be included with the Software. Please carefully read any additional terms to determine the full extent of conditions governing the use of such Software. We do not transfer title to the Software to you. You may not copy, reproduce, distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Note that if you install certain applications that may be available via the Services, you consent to the download of Software to your Internet Device and accept these Terms and any additional terms related to such application.
We reserve all rights in the Content and the Services that we do not specifically grant in these Terms. Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Services or any Content unless you obtain our prior written approval. You also may not use the Services in a way that could harm us or any third party. For example, you may not use the Services in a way that could:
damage or interfere with the proper working of the Services;
intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
give you access to the Services or Content using any interface other than the interface that we provide, or attempt to "scrape" or "harvest" Content, except if you use a "robot" program in connection with a bona fide internet search engine and we do not instruct you not to access the Services using that program;
frame the Services, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other party;
convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims; or
otherwise adversely impact the operation of the Services, the Company, or any third party.
In addition to our other legal rights, we may limit or terminate your license to use the Services, or certain features of the Services, at any time and for any reason, without prior notice to you including our belief you violated these Terms.
4. Registration and Access Restrictions
You may be required to register for an account with us in order to use certain features of the Services. If you elect to take advantage of such features, you must register through the Services by completing the applicable registration form to create your account with a unique username and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Services. You agree to: (a) provide true, accurate, current and complete information about yourself when we request it; (b) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Services permit such updates; (c) use limited-access portions of the Services only using access credentials that we have issued to you; and (d) exit your account at the end of each session in which you have logged-in to the Services.
You must maintain the confidentiality of any access credentials that we issue to you and may not share them with any other person. You must notify Ascend Nutritionals™ immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.
5. No Professional Advice or Medical Information
The Services do not provide medical advice, diagnosis or treatment, and the information included on the Services is offered for informational purposes only. Some portions of the Services may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products through the Services, neither our employees nor these third parties are authorized to provide medical or other professional advice through the Services. We also have not confirmed the qualifications of any third party who provides information through the Services, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Services. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.
The statements on the Services have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.
6. Refunds, Cancellations, Abuse and Special Programs
Ascend Nutritionals™ takes customer satisfaction seriously. You may request a refund within 60 days of your purchase by calling Customer Service at 1-802-962-2255, or emailing firstname.lastname@example.org.
7. Receipt of Special Offers and Other Communications
You agree to indemnify and hold Ascend Nutritionals™, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys' fees, asserted by any party that are in any way due to or arising out of your use of or conduct on the Site.
9. Choice of Law
The Terms shall be governed by, and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions.
10. Dispute Resolution
If you have a dispute with Ascend Nutritionals™ or if Ascend Nutritionals™ has a dispute with you and such dispute cannot be resolved informally, such dispute will be resolved on an individual basis in accordance with the provisions set forth below:
(a) Informal Resolution. Prior to initiating mediation or arbitration, the party with a grievance must:
(i) Notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to the User’s email address on file with Ascend Nutritionals™, or Ascend Nutritionals™, 4630 S. Kirkman Rd., Suite 604, Orlando, FL 32835 or email@example.com, whichever is applicable (“Dispute Notification”);
(ii) The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond.
(iii) The other party then has 15 days to consider the response and reply.
(b) Mediation. If the dispute is not resolved informally, either party may make a demand for mediation, with the other party’s consent, by filing a: (i) Request for AAA Online Mediation for Claims under $10,000 with the American Arbitration Association (“AAA”); or (ii) Request for Mediation with the AAA. To file a request for mediation for a claim under $10,000, you must go to the following website: http://services.adr.org/eroom/faces/welcome_and_steps.jspx, and here: http://www.aaamediation.com/. If that link does not work, please contact firstname.lastname@example.org for updated information. If you are requesting mediation for a claim that is worth $10,000 or more, you must go to this website to file such a claim:. If that link does not work, please contact email@example.com for updated information. If either party requests mediation and both parties consent to mediation, the costs of mediation will be borne equally by the parties.
(c) ARBITRATION. IF MEDIATION DOES NOT OCCUR OR IF MEDIATION DOES NOT RESOLVE THE DISPUTE, THEN BOTH PARTIES AGREE TO ARBITRATE ANY DISPUTES THEY HAVE WITH THE OTHER SO LONG AS SUCH DISPUTES ARE ARISING OUT OF OR RELATED TO THIS AGREEMENT. SPECIFICALLY, YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE FEDERAL ARBITRATION ACT GOVERNS SECTION 20(B) AND THAT YOU AND Ascend Nutritionals™ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY INVOLVING ALL DISPUTES, CLAIMS AND CONTROVERSIES, OF ANY SORT OR NATURE, BETWEEN US, ARISING OUT OF THE USE OF THE SITE AND WAIVING THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION REGARDING ANY DISPUTE. YOU UNDERSTAND THAT THIS CONSTITUTES A WAIVER OF ANY AND ALL RIGHTS TO PURSUE ANY CLAIM IN ANY COURT. YOU AND Ascend Nutritionals™ AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU MUST FILE ANY DEMAND FOR ARBITRATION YOU MAY HAVE WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). SUCH ARBITRATION IS FINAL AND BINDING AND WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, "AAA RULES"). THE DECISION OF THE ARBITRATOR(S) SHALL BE BINDING AND ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
(d) CLASS ACTION WAIVER. YOU AND Ascend Nutritionals™ EXPRESSLY AGREE THAT: (i) EACH PARTY MUST BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING; (ii) THERE SHALL BE NO CLASS CLAIMS, CONSOLIDATION, OR JOINDER ALLOWED IN ANY ARBITRATION BETWEEN THE PARTIES; AND (iii) NO CLAIMS MAY BE MADE THROUGH AN ACTION PURPORTING TO REPRESENT A CLASS OF USERS OR OTHERWISE ASSERTING CLAIMS ON BEHALF OF A CLASS (“CLASS ACTION WAIVER.
This Dispute Resolution section shall survive termination of these Terms.