TERMS & CONDITIONS
Ascende, Inc. “Website” Terms of Service
This page states the terms and conditions (the “Terms” or the “Agreement”) under which a user may use this website. “User” refers to any individual, company or legal entity that accesses or otherwise uses this website.
By accessing this website you accept and agree to be bound by these Terms. If you do not accept the Terms stated herein, please do not use the website. Ascende may, at its sole discretion, modify or revise these Terms at any time by updating this page. Users are bound by any such modifications. Ascende reserves the right to revoke the authorization to view, download and print the documents and information available on the website at any time, and any such use shall be discontinued immediately upon written notice from Ascende.
A. Website Materials
The contents of this website, including but not limited to: text, graphics, illustrations, logos, software, trademarks, service marks and other material (“Material”) are protected by copyright and other laws.
Ascende authorizes you to view the Material on the website only if you agree with these Terms.
Ascende grants to Users a limited, non-transferable, non-exclusive, revocable license to access and use the Materials on the website for internal business use, upon the terms and subject to the conditions set forth in this Agreement.
B. Disclaimer of Warranties, Disclaimer of Damages & Limitations of Liability
In no event will Ascende be liable to any user or other third party for any damages resulting from the use or inability to use the website or the materials contained therein. This disclaimer and limitation includes direct, indirect, incidental, special, consequential, or exemplary damages or lost profits, and applies whether based on warranty, contract, tort, or any other legal theory, regardless of whether Ascende is advised of the possibility of such damages.
The Ascende website and materials contained therein are provided on an “as is” basis without any warranties of any kind, either express or implied. Ascende, to the extent permitted by law, disclaims all warranties, included but not limited to: warranties of title, fitness for a particular purpose and non-infringement of third party rights. Ascende makes no warranties about the accuracy, completeness, reliability or timeliness of the material and links presented on the website.
Ascende makes every attempt to secure its network, but given the nature of the risks associated with file transfer technologies is unable to warrant that the website will always operate without error or that the website and its server are free of computer viruses or other harmful code. Ascende is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this website. The Ascende website contains materials provided by third parties, and will likewise not be held responsible for any such third party material.
Ultimately, your use of the Ascende website is for your convenience and at your own risk. If you are dissatisfied with any of the Materials or other contents of the website or with these Terms and Conditions, your sole remedy is to discontinue use of the website.
C. Public & User Submissions - General
Ascende's website may include postings, listings, graphics, stories and articles from third parties. Such content is the responsibility of the third party creator of the content. Ascende has no responsibility for such content and is merely providing access to such content as a service to you. While Ascende will endeavor to remove any offensive or harmful content from the website as soon as it comes to our attention, third party materials may include offensive, inappropriate, harmful or deceptive information.
D. User Responsibilities & Privileges
You agree that you are responsible for your own submissions and postings and for any consequences thereof. You agree to use Ascende's website only to Post materials that are legal, proper and related to mutual business purposes. By way of example, and not as a limitation, you agree that when using this website, you will not:
- Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, Post, upload, make available, distribute or disseminate or offer to do the same (hereinafter “Post”) any vulgar, hateful, malicious, racially or ethnically slanderous, harmful, inappropriate, defamatory, infringing, abusive, libelous, threatening, obscene, false, or unlawful material or information;
- Post any material that infringes any patent, trademark, copyright, trade secret, intellectual property or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to Post or transmit such material;
- Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage, interrupt, or functionally limit the operation of another’s computer software, hardware or telecommunications equipment;
- Post spam, chain letters, promotional materials or any form of solicitation, advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the website intended for such uses;
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that has been posted;
- Restrict or inhibit any other user from using and enjoying the use of the website;
- Collect or store personal data about other users;
- Hack into any part of the website.
E. Our Obligation to Monitor Content
Ascende reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to Post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Ascende’s sole discretion.
Ascende does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any information posted by third parties, or endorse any opinions expressed by them. You acknowledge that any reliance on material Posted will be at your own risk.
F. Copyright Infringement
Ascende may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the website that infringes on the rights of others. If you believe that your work has been used on the website in a manner that constitutes copyright infringement, please provide Ascende with a written notice - by postal mail or email - that includes the following information:
- The signature (electronic or physical) of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- A description of or actual page link to where the material in question is located on the website.
- Your mailing address, telephone number and email address.
- A statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent or the law.
- A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Address for purposes of such notice is as follows:
2700 Post Oak Blvd. 25th Floor
Houston, TX 77056
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ASCENDE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES, ALLEGING OR RESULTING FROM YOUR USE OF THE MATERIAL OR YOUR BREACH OF THE TERMS OF THIS AGREEMENT.
H. Governing Law and Binding Arbitration
Ascende is headquartered in Houston, Texas. All legal issues arising from or related to the use of the website shall be construed in accordance with and determined by the laws of the State of Texas. Any dispute or other controversy arising under or in connection with this Agreement (a “Dispute”) shall be finally and solely resolved by binding arbitration, administered by the American Arbitration Association (the “AAA”) in accordance with the Commercial Arbitration Rules of the AAA, and, to the maximum extent applicable, the Federal Arbitration Act. Such arbitration shall be conducted by a single arbitrator (the “Arbitrator”). If Ascende and User (the “Parties”) cannot agree on the choice of an Arbitrator within 30 days following receipt by one Party of the other Party’s notice of desire to arbitrate, then the Arbitrator shall be selected pursuant to the Commercial Arbitration Rules of the AAA. The Arbitrator may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such amount, if any, as determined by the Arbitrator. The costs of the arbitration, including the fees of the arbitrator and AAA, shall be paid equally by the Parties unless otherwise determined by the Arbitrator in his award. To the maximum extent practicable, an arbitration proceeding hereunder shall be concluded within 180 days of the filing of the Dispute with the AAA. The Arbitrator shall be empowered to impose sanctions and to take such other actions as the Arbitrator deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each Party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by law. The award of the Arbitrator shall be (a) the sole and exclusive remedy of the Parties, and (b) final and binding (absent manifest error) on the Parties; provided, however, notwithstanding any provision hereof to the contrary, either Party at any time may seek injunctive relief in a court of competent jurisdiction. Only the district courts of Houston, Texas, shall have jurisdiction to enter a judgment upon any award rendered by the Arbitrator, and the Parties hereby consent to the personal jurisdiction of such courts and waive any objection that such forum is inconvenient. The provisions of this Paragraph H shall not preclude the Parties from mutually agreeing to mediate any dispute at any time and, in the event that the mediation is unsuccessful, the arbitration provisions hereof shall remain fully available to each Party. Notwithstanding the preceding provisions of this Paragraph H, in the event of an actual or impending breach of this Agreement, the non-breaching Party will be entitled to seek equitable relief in the form of a temporary restraining order or injunction in any court of competent jurisdiction.
I. Servability and Non-Waiver
If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against its regulatory policy, the remainder of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. The failure of Ascende to enforce the User’s strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.
What Information Do We Collect?
When you visit our website you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and website use information collected on an aggregate basis as you and others browse our website.
1. Personal Information You Choose to Provide
You will provide us information about yourself, your firm or company, and your practices when you register for email newsletters and alerts. You may also provide additional comments on how you see Ascende servicing your needs and interests.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.
2. Website Use Information
Similar to other commercial websites, our website utilizes Web server logs to collect information about how our website is used. Information gathered through these logs may include the date and time of visits, the pages viewed, time spent at our site, and the sites visited just before and just after our site.
How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering and expanding our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to our website and new services we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at firstname.lastname@example.org.
Sharing Information with Third Parties
As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or any dissolution.
Notice of New Services and Changes
Occasionally, we may also use the information we collect to notify you about important changes to our website, new services and special offers we think you will find valuable. As our customer, you will be given the opportunity to notify us of your desire not to receive these offers by sending us an email request at email@example.com.
How We Protect Your Information:
How Do We Secure Information Transmissions?
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email.
How Can You Access and Correct Your Information?
You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing firstname.lastname@example.org.
We may disclose your personal information if required to do so by law or subpoena or if we believe that such action is necessary to: (a) conform to the law or comply with legal process served on us or any affiliated parties; (b) protect and defend our rights and property, our site, the users of our site, and/or our affiliated parties; (c) act under circumstances to protect the safety of users of our site, us or third parties.
What About Other Websites Linked to Our Website?
We are not responsible for the practices employed by websites linked to or from our website nor the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of our website.
INVESTMENT ADVISORY DISCLOSURE
Ascende Wealth Advisers Disclosure: Investment advisory services and corresponding named fiduciary services are offered through Ascende Wealth Advisers, Inc. (AWAI), an investment adviser registered with the Securities and Exchange Commission (SEC) and a wholly owned subsidiary of Ascende, Inc. AWAI and its representatives are in compliance with the current filing requirements imposed upon SEC registered investment advisers and by those states in which AWAI maintains clients. AWAI may only transact business in those states in which it is registered, or qualifies for an exemption or exclusion from registration requirements. As an investment adviser, AWAI is required to file Form ADV Part I and Part 2A with the SEC. Part 2A of Form ADV contains information about our business operations and is provided to clients at the onset of the relationship with AWAI. A copy of the Form ADV Part 2A can be requested by contacting AWAI. Not all individuals of Ascende or its affiliates offer or are registered to offer investment advisory services. The information presented on this website should not be construed as legal, accounting, tax, or other professional advice, consultation, or service. Neither Ascende nor Ascedent, provide investment advisory services or legal, accounting, or tax advice.
All investments carry risk including, but not limited to market risk, inflation risk, interest rate risk, style risk, liquidity risk and volatility risk. Certain investments may not be appropriate for all investors. Investing in foreign markets may entail risks that differ from those associated with investments in U.S. markets. You should consider the investment’s objectives, risks, and charges and expenses carefully before you invest. When investing in mutual funds, the fund's prospectus or summary prospectus contains this and other information about the fund, and should be read carefully before investing.
This website is published for residents of the United States and only in states AWAI may transact within. Not all of the products and services referenced on this site are available in every state or through every representative or adviser listed. This publication is not intended to constitute securities or investment advice, nor is it an opinion regarding the appropriateness of any investment. The contents are intended for general information purposes only and should not be acted upon without obtaining specific legal, accounting, tax, and investment advice from a licensed professional concerning your own situation and any specific investment questions you may have. For additional information, please contact AWAI at 713-629-9666.
To ensure compliance with requirements imposed by the U.S. Internal Revenue Service (IRS) under Circular 230, we inform you that any U.S. federal tax advice contained in this communication, unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code (IRC) or (2) promoting, marketing, or recommending to another party any matters addressed herein.