Terms of Service
The Client will be charged by credit card or debit card for use of prosperityapp.com by Ascend Financials, LLC. before the service is made available online. Payments should be made online by credit card or debit card, and are automatically billed each month, depending on the terms The Client originally signed up for. In the event of any failure by The Client to make payment or arrange a credit card with available credit, The Client's access to Ascend Financials, LLC will be removed until an appropriate payment method is available.
Renewal of The Agreement and acceptance of any additional orders shall be at Ascend Financials, LLC's sole discretion. Pricing for any renewal period is subject to change by Ascend Financials, LLC from time to time. Renewal of the term will be continued automatically, unless The Client cancels service, in accordance with the Cancellation Terms.
No Assignment or Resale of Software
The Client may not resell, re-use, assign or transfer any of the images, data or programming code created for or associated with the Ascend Financials, LLC, without written consent. Any attempt to resell, assign or transfer such data shall result in immediate termination of this contract, without liability to Ascend Financials, LLC.
Limitation of Liability
Ascend Financials, LLC, shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of Ascend Financials, LLC affecting service or access to data.
The Client Representations; Indemnification
The Client agrees to indemnify and hold Ascend Financials, LLC, harmless against any and all expenses and losses of any kind (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or deceptive advertising or sales practices) and /or any material of The Client to which users can access through the service.
Provision of Materials and Information
The Client will provide all necessary materials and information, in accordance with Ascend Financials, LLC policies in effect from time to time including (without limitation) the manner of transmission to Ascend Financials, LLC, and the time prior to release of the service. Ascend Financials, LLC, shall not be required to publish any service that is not received in accordance with such policies.
Although Ascend Financials, LLC, owns the data storage, databases and all rights to the Ascend Financials, LLC application, we will never sell or share your client data with any third-parties, or contact your clients directly. We will also not utilize your data in our databases to market to your clients, advertise to, or contact them for any other means of profit. We respect the privacy of our subscribers, and the privacy of their client data.
Right to Reject Client
Ascend Financials, LLC, reserves the right to reject or cancel any client, at any time.
The Client may cancel their subscription at any time by logging into their active portfolio, and clicking "Please Cancel My Account" in the portfolio My Account Screen. Due to the sensitive nature of the information that may or may not be contained within each individual portfolio Ascend Financials, LLC, requires that the client cancels their own account. Ascend Financials, LLC, will not assist in cancellations other than providing instructions to the client. Cancellations must be done before the next billing date/period. No refunds will be made on services already paid for, and service fees will not be prorated.
No conditions other than those set forth in this Agreement shall be binding on Ascend Financials, LLC unless expressly agreed to in writing by Ascend Financials, LLC.
The Agreement: (i) shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to the principles of conflicts of law; (ii) may be amended only by a written agreement executed by an authorized representative of each party; and (iii) constitute the complete and entire expression of the agreement between the two parties, and shall supersede any and all other agreements, whether written or oral, between the parties.