The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
FOR PERSONAL USE ONLY
When you purchase products, programs, and services as a retail customer from our Official Store, it gives you, the purchaser, the right to personal use and/or consumption only. If you have engaged as an Independent Distributor of Ascend Sciences products, programs, and services, your personally operated independent business shall be governed by the Ascend Sciences Policies and Procedures.
INTELLECTUAL PROPERTY RIGHTS
All products, programs, and services, including our official store, youtube channel, apps etc. are the intellectual property of Ascend Sciences International LLC.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal use only. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse current or future use of the Site (or any portion thereof).
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Ascend Sciences allows fifteen (15) days to return any unopened/unused product for a full 100% refund, less shipping costs. The sixteenth (16th) day through the thirtieth (30th) day following purchase, you can request a 90% refund for unopened/unused product. Ascend Sciences retains 10% to cover restocking expenses as allowed by state and federal laws. Any return request out of the norm, including the return of a monthly subscription, is subject to internal fraud and piracy review.
To return product, you must contact Customer Service 801-500-1825 or email firstname.lastname@example.org within the thirty (30) days in order to exercise your right to return product. Product returns will be processed in the order received, however, Ascend Sciences, at its sole discretion, may refund prior to receiving product.
SUBSCRIPTION ORDER CANCELLATION
Subscription orders are automatic orders that recur monthly to ensure timely access to products and online tools, and to facilitate prompt delivery. Subscription orders can be setup online during enrollment, or at any time by contacting customer support. You can also establish and modify subscription orders at any time by logging into the account administration portal Ascend Sciences provides each Wellness Advocate. Subscriptions are available to both Preferred Customers and Wellness Advocates. Automatic monthly subscriptions can be cancelled at any time through the online account administration portal or by contacting customer support 801-500-1825 or emailing at email@example.com.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use the Site to advertise or offer to sell goods and services.
4. Use a buying agent or purchasing agent to make purchases on the Site.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
7. Make improper use of our support services or submit false reports of abuse or misconduct.
8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
9. Use The Curie™, It’s programs, apps, health programs, virtual reality products and programs or any other products, programs, and services for any commercial as well as non-commercial endeavor, other than for personal use.
10. Make the Ascend Sciences programs, technology health devices, apps, services, or any other products, programs, and services available in any form to the public for download or streaming, such via P2P networks, torrents, streaming websites, etc.
11. Distribute or synchronize with any audio-visual or audio only product.
12. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
13. Attempt to impersonate another user or person or use the username of another user.
14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, programs, products or services.
15. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
16. Delete the copyright or other proprietary rights notice from any Content.
17. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
18. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
20. Use the Site in a manner inconsistent with any applicable laws or regulations.
21. Infringing copyrights of Ascend Sciences or any third-party in anyway
USER GENERATED CONTRIBUTIONS
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Ascend Sciences Store Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Ascend Sciences Store Offerings.
These terms shall be governed by and defined following the laws of the USA and the State of Utah. Ascend Sciences International LLC and yourself irrevocably consent that the courts of the USA and the State of Utah shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the The USA and the State of Utah courts. Ascend Sciences International LLC shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Ascend Sciences International LLC
Copyright © 2021-2022 Ascend Sciences International LLC. All Rights Reserved.
Statement of Privacy:
1. ASCEND SCIENCES recognizes and respects the importance of its Customers and Distributors privacy regarding all of their personal and confidential information. ASCEND SCIENCES will make all efforts possible to safeguard these privacy mandates and maintain the confidentiality of all Customers and Wellness Advocates financial and account information as well as all non-public personal information.
2. By becoming an Ascend Distributor, or “Quantum Living Advocate” (QLA), and entering into the QLA Distributor Agreement, you authorize ASCEND SCIENCES to disclose name and contact information to your Sponsoring up-line Wellness Advocates solely for purposes relating to the furtherance of the ASCEND SCIENCES business efforts. All Wellness Advocates agree to maintain the confidentiality and security of all private information and to use it only for purposes of supporting and servicing his or her organization and conducting the ASCEND SCIENCES business.
Ascend Sciences Employee Access to Information:
Restrictions on the Disclosure of Account Information:
ASCEND SCIENCES will not share nonpublic personal information or financial information concerning current or former Customers or Wellness Advocates with third parties; except as permitted or required by legal regulations, court orders, or to provide the Customer or Wellness Advocate’s customer services needs, as well as to carry out communication regarding the Ascend Sciences Policies and Procedures and Enrollment Agreement.
A. Returns on Products Within 30 Days. Ascend Sciences International™ (The Company) will refund one hundred percent (100%) of the purchase price (plus applicable tax if prepaid) of Currently Marketable products that are returned by an Ascend Quantum Living Advocate (QLA) Distributors (Herein “QLA Distributor) or Customer within thirty (30) days of purchase from the Company, less shipping costs and paid Bonuses. The Company will provide a Product Credit of one hundred percent (100%) of the purchase price (plus applicable tax if prepaid) OR, a refund of ninety percent (90%) of the purchase price (plus applicable tax if prepaid) on products not Currently Marketable that are returned by an Ascend QLA Distributors or Customer within (30) days of purchase, less shipping costs and paid Bonuses.
B. Returns Thirty-one (31) days to Ninety (90) days After Purchase. From thirty-one (31) days and up to ninety (90) days from the date of purchase, The Company will provide a Product Credit of one hundred percent (100%) or a refund of ninety percent (90%) of the purchase price (plus applicable tax if prepaid) on Currently Marketable products that are returned by an Ascend QLA Distributors or Customer, less shipping costs and paid Bonuses.
C. Returns From 91 days to One year After Purchase. After 91 days and up to twelve (12) months from the date of purchase, The Company will provide a Product Credit of ninety (90%) or a refund of (90%) of the purchase price (plus applicable tax if prepaid) on Currently Marketable products that are returned by an Ascend QLA Distributors or Customer, less shipping costs and paid Bonuses (excludes limited time offers and expired items).
D. Currently Marketable. Products and Sales Aids shall be deemed currently marketable if each of the following elements is satisfied: 1) they are unopened and unused; 2) packaging and labeling have not been altered or damaged; 3) the product and packaging are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; 4) the product expiration date has not elapsed; and 5) the product contains current Ascend Sciences labeling. Products shall not be considered Currently Marketable if the Company discloses prior to purchase that the products are seasonal, discontinued, limited time offers, or special promotion products not subject to the Return Policy.
E. Return of Damaged or Incorrectly Sent Products. The Company will exchange products if the returned products were received by the purchaser in damaged condition or were incorrectly sent. Such products must be returned within fifteen (15) days of receipt. Whenever possible, returned products will be replaced with undamaged products. However, when an exchange is not feasible, the Company reserves the right to issue a credit for the amount of the exchanged products.
F. Duty to Retain Sales Order Number. In order for the Company to correctly recoup the applicable Bonuses on returned products, the original sales order number from the invoice must be retained. This number must be provided to the Company at the time the request for a refund is made.
G. Kit Returns. Products purchased as part of a kit or package must be returned as the entire kit.
H. Refund Alternatives. The Company in its discretion may determine the acceptable refund alternatives for product returns, including but not limited to the following: The Company Company Credit, Product Credit, bank check, bank transfer, or credit card chargeback, and as outlined herein. The actual form of refund will be based upon payment procedures in the Local Market and the original form of payment. Refunds will only be paid to the original payor.
I. Return Procedure. To obtain a refund for returned products or Sales Aids, Ascend QLA Distributors must comply with these procedures: Approval for the return must be received prior to the return of the shipment to the Company. This approval must be obtained, either by telephone or in writing, and the actual return shipment must be accompanied with the Ascend QLA Distributor’s number. The Company will provide the Ascend QLA Distributor with the correct procedures and location for returning the products or Sales Aids. All return shipping costs must be paid for by the QLA Distributor. Products or Sales Aids returned to the Company without prior authorization will not qualify for a product credit or refund and will be returned to the QLA Distributor at the QLA Distributor’s expense. This return/refund procedure may vary in jurisdictions where different repurchase requirements are imposed by law. Applicable laws may dictate the terms of the refund policy. The Company may charge a $10 fee for shipments that are refused at the point of delivery and returned to the Company.
J. The Company’s Right to Recoup Unearned Bonuses. Bonuses are paid to Ascend QLA Distributors based on the purchase of Company products by retail customers or by members of their Downline Organization. When products are returned, the Company has the right to recoup the Bonuses that were paid based on the purchase of the products that were returned. The Company may recoup these Bonuses by requiring Ascend QLA Distributors to pay the Company directly, or the Company may withhold the amount of the Bonus from future Bonus payments.
K. Return of Personalized Sales Aids. Personalized Sales Aids are not returnable or refundable, except for personalized Sales Aids with printing errors. Such sales aids must be returned within thirty days and in conformance with the Product Return Policy.
L. Credit Card Charge Backs. Ascend QLA Distributors are required to return products under the Company’s product exchange and return policies rather than doing a credit card chargeback.
M. Three-Day Money Back Guarantee. United States law requires Ascend QLA Distributors to offer a three (3) day money-back guarantee to his or her retail customers (Alaska residents have five business days; North Dakota residents age 65 or over have 15 business days). This means that Ascend QLA Distributors must, for any reason and upon request, give a full refund of the purchase price to the customer. The customer is required to request the refund within three business days of purchase and return the unused portion of product (Alaska residents have five business days; North Dakota residents age 65 or over have 15 business days). Ascend QLA Distributors must give a refund for returned products within ten days of the customer's request. The Company encourages Ascend QLA Distributors to honor a request for a refund or product exchange even if it is made more than three business days after purchase. The Company supports this policy by providing its generous Product Return Policy. Montana Residents: A Montana resident may cancel his or her Ascend QLA Distributors Agreement within 15 days from the date of enrollment, and may return his or her starter kit and any products he/she purchased for a full refund within such time period.
1. I understand that as a Ascend Sciences International (Herein “Ascend”) Quantum Living Advocate (QLA) Distributor (Herein “Ascend QLA Distributor”):
b. I have the right to enroll persons in Ascend.
c. If qualified, I have the right to earn commissions pursuant to the Ascend Marketing and Compensation Plan.
2. I agree to present the Ascend Marketing and Compensation Plan and Ascend products and services as set forth in official Ascend literature and according to the Policies and Procedures of Ascend.
3. I agree that as an Ascend QLA Distributor I am an independent contractor, and not an employee, partner, legal representative, or franchisee of Ascend. I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF Ascend Sciences International™ FOR FEDERAL OR UTAH TAX PURPOSES. Ascend is not responsible for tax withholdings, and shall not withhold or deduct from my bonuses and commissions which include FICA, or taxes of any kind.
5. The term of this Agreement is one year (subject to prior cancellation as provided in the Policies and Proce- dures). If I fail to annually renew my Ascend business, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as a Distributor. I shall not be eligible to sell Ascend products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination or nonrenewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization. Ascend reserves the right to terminate all Distributor Agreements upon 30 days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) termi- nate distribution of its products and/or services via direct selling channels. Distributor may cancel this Agreement at any time, and for any reason, upon written notice to Ascend at its principal business address. Ascend may cancel this Agreement for any reason upon 30 days advance written notice to Ascend QLA Distributor.
6. I may not assign any rights or delegate my duties under the Agreement without the prior written consent of Ascend. Any attempt to transfer or assign the Agreement without the express written consent of Ascend renders the Agreement voidable at the option of Ascend and may result in termination of my business.
7. I understand that if I fail to comply with the terms of the Agreement, Ascend may, at its discretion, impose upon me disciplinary action as set forth in the Policies and Procedures. If I am in breach, default or violation of the Agreement at termination, I shall not be entitled to receive any further bonuses or commis- sions, whether or not the sales for such bonuses or commissions have been completed.
8. Ascend, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and I release Ascend and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release Ascend and its affiliates from all liability arising from or relating to:
(a) any Distributor’s breach of this Agreement or the Policies and Procedures; (b) the promotion or operation of a Ascend business by a Distributor and any activities related to it, including but not limited to, the presentation of Ascend products or the Ascend Marketing and Com- pensation Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Ascend for any liability, damages, fines, penalties, or other; (c) any incorrect data or information provided by a Distributor to Ascend; (d) a Distributor’s failure to provide any information or data necessary for Ascend to operate its business; or (e) awards arising from any unauthorized conduct that I undertake in operating my business.
9. The Agreement, in its current form and as amended by Ascend at its discretion, constitutes the entire contract between Ascend and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
10. Any waiver by Ascend of any breach of the Agreement must be in writing and signed by an authorized officer of Ascend. Waiver by Ascend of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
12. This Agreement will be governed by and construed in accordance with the laws of the State of Utah without regard to principles of conflicts of laws. All disputes and claims relating to Ascend, the Distributor Agreement, the Ascend Marketing and Compensation Plan or its products and services, the rights and obligations of an independent Distributor and Ascend, or any other claims or causes of action relating to the performance of either an independent Distributor or Ascend under the Agreement or the Ascend Policies and Procedures shall be settled totally and finally by arbitration in Salt Lake City, Utah, or such other location as Ascend prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. All issues related to arbitration shall be governed by the Federal Arbitration Act. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. The prevailing party shall be entitled to receive from the losing party OR Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent Ascend from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
13. The parties consent to jurisdiction and venue before any federal or state court in Utah County, State of Utah, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.
14. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
15. Montana Residents: A Montana resident may cancel his or her Distributor Agreement within 15 days from the date of enrollment, and may return his or her starter kit for a full refund within such time period.
16. If a Distributor wishes to bring an action against Ascend for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Ascend for such act or omission. Distributor waives all claims that any other statutes of limitations apply.
17. I authorize Ascend to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
18. A faxed copy of the Agreement shall be treated as an original in all respects.
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