This Site, as defined below, is maintained by Ascend Leasing, LLC

WEBSITE TERMS OF USE

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THE SITE. THESE WEBSITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE SITE.

By using the website located at www.ascend.net and all related sites including but not limited to www.ascendtransportation.com and www.DriveforAscend.com (the “Site”), you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use the Site.

Ascend reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting. Information on the Site may be changed or updated without notice. By using the Site after such modifications, alterations or updates have been posted, you agree to be bound by the revised terms. Ascend retains the right to deny access to anyone at its sole discretion for any reason.

INTELLECTUAL PROPERTY

Ascend and its representatives control and operate this site. All material on the Site, including, but not limited to logos, video, images, and illustrations, are protected by registered and unregistered copyrights, trademarks, and other intellectual property rights owned and controlled by Ascend or by other parties that have licensed their material to Ascend. This material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means unless otherwise agreed to in writing by Ascend. The materials on the Site may not be used for commercial benefit without prior expressed written permission by Ascend.

You are authorized by Ascend to view and access the content available on or from the Site solely for your personal use. Any modification of the materials on the Site or use of the materials for any other purpose is a violation of these Terms of Use. The Site may contain other proprietary notices, trademark and copyright information which must be observed and followed. Except as expressly allowed by these Terms of Use and/or some other written agreement between you and Ascend, the use of any such material on any other website is prohibited.

Additionally, reverse engineering, decompiling, or otherwise reducing the code used in any software on the Site is prohibited. You shall not engage in any automatic means of accessing, logging-in or registering on this website, or obtaining or accessing any information from or through the Site. The use of the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site, or interfere with any other party’s use of the Site, including, without limitation, sending mass unsolicited messages, is a violation of these Terms of Use.

The use of the Site to transmit, post, distribute, store, or destroy material, including without limitation, content from the Site, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the intellectual property rights of Ascend or any other third party, or violate the privacy, publicity, or other personal rights of others, or (c) that is defamatory, obscene, threatening, or abusive, is prohibited.

THIRD PARTY WEBSITES

Ascend makes no representations whatsoever about any other web sites that may be accessed through the Site. When you access a web site not managed by Ascend through the Site, you acknowledge that it is independent from Ascend, that Ascend has no control over the content on that web site, and that Ascend does not endorse or accept any responsibility for the content, or the use, of such web site.

HYPERTEXT LINKS

You may establish a hypertext link to the Site if the link directs to the full version of the Site and does not state or imply any sponsorship or endorsement of your site by Ascend. No link directly to any image or content hosted on the Site or our services, such as using an “in-line” linking method, is permitted. Use on your site of any intellectual property, such as trademarks or copyrighted materials, appearing on the Site, including, but not limited to, any logos or characters, without the prior expressed written consent of the owner of the mark or right is prohibited. In addition, framing or otherwise incorporating into another Web site any of the content or other materials on the Site without the prior expressed written consent of Ascend is prohibited.

SERVICES

Any contractual agreements between you and Ascend may be documented through a separate written agreement between you and Ascend, although the process may be initiated by submitting information through the Site. Services provided not subject to a separate written agreement shall be subject the Terms and Conditions for Services posted on the Site. Ascend’s receipt of any transaction request information does not signify acceptance of any offer regarding the terms of such transaction. 

ASCEND RESERVES THE RIGHT, AT ANY TIME IN ITS SOLE DISCRETION, TO CHANGE ANY PRODUCTS OR SERVICES DESCRIPTIONS LISTED ON THE SITE, INCLUDING ANY PRICES FOR SUCH PRODUCTS OR SERVICES.

DISCLAIMER OF WARRANTIES

ASCEND AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AUTHORIZED REPRESENTATIVES DO NOT WARRANT THAT THE SITE IS FREE FROM ERRORS OR WILL ALWAYS BE AVAILABLE. MATERIALS FOUND WITHIN THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS. ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ASCEND AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AUTHORIZED REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ASCEND AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AUTHORIZED REPRESENTATIVES MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. THESE DISCLAIMERS OF WARRANTIES, IMPLIED OR OTHERWISE, SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.

ASCEND AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AUTHORIZED REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (SUCH DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOST DATA, AND/OR COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES) REGARDLESS OF LEGAL THEORY OR WHETHER ASCEND HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE ASCEND AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AUTHORIZED REPRESENTATIVES SHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIM BROUGHT AGAINST YOU BY A THIRD PARTY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IF ASCEND OR ITS DIRECTORS, OFFICERS, EMPLOYEES AND AUTHORIZED REPRESENTATIVES IS HELD RESPONSIBLE FOR ANY DAMAGES, THE MAXIMUM AMOUNT YOU MAY RECOVER FOR ANY AND ALL CLAIMS RELATING TO THIS YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THESE EXCLUSIONS AND LIMITATIONS OF DAMAGES SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless, Ascend and its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising from any violation of these Website Terms of Use by you.

REGISTRATION

To access some portions of the Site, you may be required to provide registration details. It is a condition of use of the Site that all information you provide be correct, current, and complete. If an individual account is established, it is your responsibility to maintain the confidentiality of such information, including any username or password information.

You also agree that Ascend may, in its sole discretion and without prior notice to you, terminate your access to the Site and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site, (2) overcoming software security features limiting use of or protecting any content, (3) discontinuance or material modification of the Site in any way, (4) violations of this Terms of Use or Ascend’s Privacy Policy, (5) suspected or actual intellectual property infringement, (6) unexpected operational difficulties, or (7) requests by law enforcement or other government agencies. You agree that Ascend will not be liable to you or to any third party for termination of your access to the Site.

By using the Site, you warrant that you have legal capacity to enter into the agreement set out in these Website Terms of Use.

JURISDICTION

These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Georgia, as such laws are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Ascend may bring to enforce these Terms of Use or, in connection with, any matters related to the Site shall be brought only in either the state or Federal Courts located in Georgia, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use are the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing signed by a duly authorized officer of Ascend.

PRIVACY

Our Privacy Policy is displayed on the Site and is hereby incorporated in and forms a part of these Terms of Use.

MISCELLANEOUS

No failure or delay by Ascend in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder by Ascend preclude further exercise. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended nor created by these Terms of Use.

CONTACT US

Please address any questions or comments about these Terms of Use to:

Ascend Corporate

Attn: Chief Legal Officer
Building 11, Suite 710

Atlanta, GA 30305