Effective Date: December 14th, 2022
GoBundance Ascend LLC (“we” or “us”) is pleased to provide you with access and use of our websites, mobile apps, and services (hereinafter referred to as “Site” or “Sites”). This Agreement governs your right to access and use of all Sites that link to this Site, including this Site.
Before accessing, registering, and otherwise using the Sites, please read this Agreement carefully. This Agreement forms a legally binding contract between GoBundance Ascend LLC’s customers and GoBundance Ascend LLC, and between other users of GoBundance Ascend LLC sites, including any customer’s members using GoBundance Ascend LLC Sites. This Agreement does not govern any uses of GoBundance Ascend LLC customers’ sites. Members (as defined below) and Visitors (as defined below) to GoBundance Ascend LLC customer sites should review such sites for additional information governing their use of such sites. This Agreement incorporates by reference all terms and conditions listed in the appendices attached to this Agreement, including the (i.e data processing), as well as the any (i.e. usage guidelines) we may post on the Site. This Agreement may be modified by GoBundance Ascend LLC in its sole discretion at any time, as set forth below.
BY USING ANY GoBundance Ascend LLC SITES, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD, HAVE THE AUTHORITY TO CONSENT TO THE TERMS AND CONDITIONS HEREIN, AND ARE LEGALLY COMPETENT TO DO SO. IF YOU ARE USING THIS SITE ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THIS AGREEMENT IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND GoBundance Ascend LLC, AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THIS AGREEMENT
If you (or your employer) do not agree to all terms set forth in this Agreement, you must immediately leave and not return to this Site. Otherwise, by accessing and using this Site, you are agreeing to be bound by this Agreement.
If you use or access our Site on behalf of your employer, “you”/”your” as used throughout this Agreement shall refer to your employer. In this Agreement, we refer to our customers’ members and contacts and such as “Members,” and to people who use your areas of the Site without registering as “Visitors.” Members and Visitors shall be referred to together as the “Audience.”
Changes to Agreement and Site
The effective date of this Agreement is set forth at the top of this webpage. As we add new features or laws change, we may modify this Agreement at any time by updating the Agreement and posting it on our Site, or by informing you of any such changes via email at the address provided in your account. Any amended Agreement will supersede all previous versions of such Agreement, and, if applicable, you agree to download any and all new updates or versions, and you shall immediately discontinue using the prior version(s) once an update or new version is released. . By continuing to use and access the Sites after any amendment is made to this Agreement, you agree to be bound by such changes. Therefore, you should visit this page periodically to review this Agreement. We may make changes to our Site or discontinue our Site at any time.
Your Affirmations concerning Use of This Site
It is your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws in using the Site. You are not permitted to use the Site for any illegal purpose. If you choose to remain on this Site or later return to this Site, you represent and warrant that: (1) Your use of this Site does not violate any applicable laws or regulations; (2) All account registration information you submit is truthful and accurate; (3) You will update your account registration information, including your email address, as necessary, in order to maintain complete, accurate, and current information; (4) You are at or over the age at which you are legally permitted by your country of residence to provide consent to personal data processing activities; (5) You will not use this Site for any unauthorized purposes or in any manner that could damage, disable, overburden, or impair GoBundance Ascend LLC's servers or networks or interfere with any other party’s use and enjoyment of our Site; (6) You shall not decompile, reverse engineer or otherwise attempt to derive the source code, nor will you combine, or incorporate any GoBundance Ascend LLC Content (or any portion thereof, as defined below) into any other work or use GoBundance Ascend LLC Content in any public or commercial manner; (7) You will be bound by all terms set forth in this Agreement, including all appendices to this Agreement and all usage guidelines; (8) You will not collect or store any personal data about any Member, Visitor, or any other user unless you are legally entitled to do so; (9) If you are a GoBundance Ascend LLC customer, you are solely responsible for all account activity, including all content posted in your account, as well as for the security of your account; (10) GoBundance Ascend LLC may contact you using the email address set forth in your account; (11) You will be held responsible for all use of your account, including any use by others in the event you ever permit others access to your account; (12) You will not create more than one account for yourself nor share your login credential; (13) You will not buy, sell, rent, or lease access to your account without our written permission; (14)You will not log in or attempt to access the Services through unauthorized third-party applications or clients; and (15) You will not create another account if we have already disabled your account, unless you have our written permission to do so.
You will notify us promptly at firstname.lastname@example.org of any actual or suspected unauthorized disclosure, access or use of your username, password, other account information, or any other breach of security of which you become aware involving our Sites.
Consequences for Unauthorized Use or Misuse of GoBundance Sites
You agree that your right to use GoBundance Sites will cease immediately upon your violation of any of the terms and conditions set forth in this Agreement or upon any unauthorized use or misuse of a GoBundance Ascend LLC Site, and that GoBundance Ascend LLC has the sole discretion to terminate your account and/or your access to its Sites without further notice if you violate this Agreement or any terms in other applicable agreements between you and GoBundance Ascend LLC. Unauthorized use and misuse of GoBundance Ascend LLC Sites are strictly prohibited, and, depending on the circumstances, may subject you to a civil claim for damages and criminal prosecution. GoBundance reserves the right to report any breach of this Agreement or unauthorized use or misuse of the GoBundance Site to law enforcement authorities.
GoBundance Ascend LLC Content
GoBundance Ascend LLC Sites, including any information, graphics, images, artwork, text, video clip, data compilations, software, audio clip, trademark, service marks, log, trade names and other content provided on, in or through the GoBundance Ascend LLC Sites (collectively, “GoBundance Ascend LLC Content“), and any modifications, combinations, or alterations thereto, are owned by GoBundance Ascend LLC and protected under applicable laws. Content provided by GoBundance Ascend LLC customers on their sites is owned by such customers and similarly protected by applicable laws. Except as set forth in the limited license section below, or as required under applicable law, neither the copyrights, trademarks, other intellectual property nor any portion of GoBundance Ascend LLC Sites may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise used in any manner, in whole or in part, for any purpose without our prior written consent. Unauthorized use of GoBundance Ascend LLC Content may violate copyright, trademark, and other laws.
If you agree to this Agreement (as well as any additional terms and conditions related to specific GoBundance Ascend LLC Content and any amendments hereto), GoBundance Ascend LLC grants to you a limited personal, revocable, nonexclusive license (without the right to sublicense) to access and use the GoBundance Sites and download, print and/or copy GoBundance Ascend LLC Content solely for your own personal use, subject to the terms set forth in this Agreement. You acknowledge that any GoBundance Ascend LLC Content, confidential information, trade secrets (if applicable) and intellectual property (and any rights associated therewith, including any copyright, patent, trademark, or any other intellectual property right) embodied in the GoBundance Ascend LLC Sites have not been and will not be licensed or otherwise disclosed to you. You acknowledge that the HTML code GoBundance creates to generate the pages of the Sites are protected by GoBundance Ascend LLC copyrights. All rights not expressly granted herein are reserved by GoBundance.
You agree that unless GoBundance Ascend LLC provides you with prior written authorization to do so, you will not decompile, reverse engineer or otherwise attempt to derive the source code, nor will you combine, or incorporate any GoBundance Ascend LLC Content (or any portion thereof) into any other work or use GoBundance Ascend LLC Content in any public or commercial manner; or change any notice about copyright, trademarks or other intellectual property rights that may be part of the GoBundance Ascend LLC Content. Trademarks, logos and service marks (the “Marks”) displayed in or through GoBundance Sites are owned by GoBundance or third parties. You are prohibited from using the Marks in any way without the prior written permission of GoBundance Ascend LLC or such third party. If you would like information on how to obtain GoBundance’s permission to use GoBundance Ascend LLC Content, email email@example.com.
GoBundance Ascend LLC may from time to time offer opportunities for you to voluntarily post or otherwise submit business deals and/or transactions, investment opportunities, educational content, suggestions, ideas, notes, concepts or other information or materials to or through GoBundance Ascend LLC Sites (collectively, “Submissions”). By posting Submissions, you confirm that you have the right to do so and you give us the right to use the content you submit in such Submissions for the purposes of operating, altering, marketing and improving the Site. You are and will remain solely responsible for your Submissions and for the consequences of submitting and posting such Submissions, including, without limitation, the consequences of any transactions resulting therefrom. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from your Submissions. When submitting or posting Submissions, you agree not to disclose any confidential information of a third-party without such party’s prior written consent, and you agree to limit, to the fullest extent possible, the amount of personal data you provide because Submissions may be linkable to you depending on the details you provide. Further, by making a Submission, you agree to indemnify, defend, and hold GoBundance, its officers, directors, employees, and agents harmless from and against any and all third-party claims that arise directly or indirectly from (a) the content that you provide in your Submission, and (b) any third-party transactions that you enter into pursuant to a Submission. By way of example, such claims shall include, but not be limited to, claims of copyright or trademark infringement, breaches of confidentiality, investment or transactional losses, etc.
By sending, posting or transmitting Submissions to GoBundance Ascend LLC (and/or our designee[s]) or any area of the GoBundance Ascend LLC Sites, you automatically grant, or warrant that you or any other owner of the material you submit has expressly granted, GoBundance Ascend LLC and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your Submissions (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. In other words, GoBundance Ascend LLC has the automatic right to use your Submissions — including reproducing, disclosing, publishing or broadcasting your Submissions — anywhere, anytime, in any medium and for any purpose without paying any fee or owing any obligation to you. You also permit any other user to access, view, store, or reproduce your Submission for that user’s personal use. Under no circumstances are you entitled to any type of payment if GoBundance Ascend LLC (and/or its designee[s]) uses one of your Submissions. All Submissions are deemed non-confidential and non-proprietary.GoBundance Ascend LLC shall have the right, but not obligation, to use all submissions for any commercial use without any compensation to you or any third parties.
Submissions you post may be made publicly available. You acknowledge and agree that GoBundance Ascend LLC has the right, but not the obligation, to alter, remove or refuse to post or allow to be posted any Submission. You further acknowledge that you have no expectation of privacy and that you are not violating any duty of confidentiality to any third-party with respect to any of your Submissions. You further acknowledge that you are responsible for any Submission from your account and make Submissions voluntarily and at your own risk. You should use good judgment when posting information, remarks, or other content regarding GoBundance, GoBundance’s customers, customers’ Members, or any other entity or person. You may be held legally responsible for any damages suffered by other users, GoBundance Ascend LLC, or third parties as a result of defamatory or otherwise legally actionable Submissions by you.
GoBundance Ascend LLC is not legally responsible for any Submissions made by customers even if such Submissions are defamatory or otherwise actionable. GoBundance Ascend LLC is not responsible for, and does not endorse, opinions, advice, or recommendations posted or otherwise submitted to or through GoBundance Ascend LLC Sites. GoBundance Ascend LLC does not confirm nor verify qualifications, background, or abilities of users or the information they post to or through any GoBundance Ascend LLC Sites. Accordingly, GoBundance Ascend LLC specifically disclaims any and all liability in connection with such Submissions and by making a Submission, you hereby agree to indemnify, defend, and hold GoBundance Ascend LLC harmless from any third-party claims, suits, actions, or damages that may arise from your Submission. If your account is terminated or discontinued for any reason, we may keep a copy of your Submissions for archival purposes, and to use in any litigation to which it might be relevant
By posting a Submission, you agree, represent and warrant that your Submission:
- is true and accurate;
- pertains to a designated topic or theme of the GoBundance Sites;
- does not infringe, misappropriate or violate any third party’s copyright, trademark, patent, literary, trade secret, privacy, publicity, proprietary, contractual or other right;
- does not contain information that identifies any person or information that otherwise includes personal data of any person unless you have such person’s prior written consent;
- does not make unsubstantiated claims about any third party or its products or services;
- does not contain any slanderous, defamatory, false, misleading, vulgar, obscene, pornographic, violent, bigoted, sexually explicit, hateful, abusive, threatening, harassing, antisocial, sexually or racially offensive comments or other content that either harms or can be reasonably expected to harm any person or entity;
- is not illegal and does not encourage or advocate illegal activity or the discussion of illegal activities with the intent to commit them;
- is not commercial or business-related, and does not advertise or offer to sell any products or services (whether or not for profit), or solicit others (including solicitations for donations and contributions);
- does not contain a virus, malicious code, trojan horse, or other harmful component, or otherwise tamper with, impair or damage GoBundance Ascend LLC Sites or any connected network, or otherwise interfere with any person or entity’s use and enjoyment of the GoBundance Ascend LLC Sites;
- complies with all applicable laws, regulations, rules, policies and contractual terms pertaining to your Submission, as well as to GoBundance Ascend LLC Sites to or through which you are posting or otherwise providing your Submission, including age restrictions.
You are responsible for all content that you upload, post, email, or otherwise transmit using the Site (“User Content”). Likewise, you are responsible for respecting GoBundance Ascend LLC's and third parties’ rights with respect to User Content that appears on the Site and agree not to download, email, or otherwise transmit such User Content in violation of GoBundance Ascend LLC's and third parties’ rights. You agree to use the Site solely to accommodate your own personal needs. You may not use or exploit any portion of the Site to provide any commercial services to third parties or offer any portion of the Site to any third party without the prior written consent of GoBundance. You shall not use the Site or Services to:
- Upload, post, email, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right, privacy right, confidentiality right, or publicity right of any person or entity. By uploading, posting, emailing, or otherwise transmitting any User Content, you represent and warrant that you have all rights to take such action with respect to the User Content;
- Upload, post, email, or otherwise transmit any User Content that is confidential to any third party, illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise offensive;
- Misrepresent your identity or impersonate another person or entity, including without limitation, a representative of GoBundance Ascend LLC or its officers, directors, employees, or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any User Content transmitted to or through the Site;
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, marketing, or promotional materials, including without limitation, initiation or perpetuation of any “Spam”, “Junk Mail”, chain letters, or any other potentially objectionable form of unsolicited communication;
- Collect or store personal data with respect to third parties except as contemplated by the Terms and Conditions and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties;
- Directly or indirectly, disrupt or interfere with the Site in any manner that may materially adversely affect GoBundance Ascend LLC, any third party, or the functionality or performance of the Site;
- Upload, post, email, or otherwise transmit any material that contains malicious or harmful software, viruses, or any other code, files, or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities; or,
- Upload, post, email, or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, any phone numbers or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords, or other similar information.
Compliance with Laws
You may not use the Site for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government. You may not post any information which would violate any copyright or other law, contractual or other rights, or the confidentiality of any third party.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, GOBUNDANCE SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, FREEDOMS FROM DEFECTS, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE
GoBundance Ascend LLC DOES NOT REPRESENT OR WARRANT THAT: (1) ALL OF OUR SITES WILL MEET YOUR REQUIREMENTS; (2) OPERATION OF OUR SITES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; OR (3) ANY ERRORS WILL BE CORRECTED. IF YOUR USE OF GOBUNDANCE’S SITES/SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, OR LOSS OF PROFITS OR DATA, GOBUNDANCE WILL NOT BE RESPONSIBLE FOR THOSE COSTS. ANY ORAL OR WRITTEN ADVICE PROVIDED BY GOBUNDANCE OR ITS AUTHORIZED AGENTS DOES NOT AND WILL NOT CREATE A WARRANTY. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, WHICH MEANS THAT SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
GoBundance Ascend LLC SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES WITH RESPECT TO ANY SUBMISSION MADE BY ANY CUSTOMER OR MEMBER ON THE GOBUNDANCE SITES. NEITHER GoBundance Ascend LLC, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS ARE RESPONSIBLE FOR ANY SUBMISSION MADE BY ANY CUSTOMER OR MEMBER. FURTHERMORE, NEITHER GoBundance Ascend LLC, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DAMAGES, LOSSES, INJURY, OR BODILY HARM THAT MAY ARISE IN CONNECTION WITH ANY SUBMISSION MADE BY ANY CUSTOMER OR MEMBER ON THE GOBUNDANCE SITES, INCLUDING, WITHOUT LIMITATION, ANY THIRD-PARTY TRANSACTION THAT YOU ENTER INTO PURSUANT THERETO, AND YOU HEREBY AGREE TO RELEASE GoBundance Ascend LLC, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS FROM ANY AND ALL LIABILITY WITH RESPECT THERETO.
IF YOU ARE DISSATISFIED WITH OUR SITES, INCLUDING THE CONTENT OF OUR SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF OUR SITES.
YOU AGREE THAT IN NO EVENT WILL GoBundance Ascend LLC OR ANY OF ITS SERVICE PROVIDERS OR ANY THIRD PARTIES REFERENCED ON ANY OF THE GOBUNDANCE SITES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER TYPE OF DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE GOBUNDANCE SITES AND THEIR CONTENT, WHETHER BASED IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), OR ANY OTHER LEGAL THEORY EVEN IF GoBundance Ascend LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF GoBundance Ascend LLC SITES. THIS DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, GoBundance Ascend LLC's MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO $1,000.
You acknowledge and agree that the above-asserted limitations of liability, together with the other provisions in this Agreement that limit liability, are essential terms and that GoBundance would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above-asserted limitations of liability.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
EXCLUSIONS AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GoBundance Ascend LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF GoBundance Ascend LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF THE SITE.
You agree to defend, indemnify (including attorneys’ fees), and hold GoBundance, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions, demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these terms and conditions in this agreement. You agree, at your own expense, to defend, indemnify, and hold harmless GoBundance Ascend LLC, and its clients, co-branders, partners, and third-party service providers, as well as all of our and their subsidiaries, affiliates, related entities, directors, officers, shareholders, employees and agents from and against all losses, liabilities, claims, actions or demands, including without limitation, any money damages, expenses, costs of defense, including reasonable attorneys’ and accounting fees, brought against GoBundance Ascend LLC by any third party arising from your use of a GoBundance Ascend LLC Site or your violation of any of the terms set forth in this Agreement, the rights of a third party, or applicable law. This indemnification provision does not apply to the extent prohibited by applicable law. GoBundance Ascend LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of GoBundance Ascend LLC may be made without GoBundance Ascend LLC prior written approval.
PHOTOGRAPHS AND IMAGES
You understand that the Site may provide the capability to upload, publish post, or transmit images which may contain or display your person, name, image, and likeness (such as your photograph or other graphics) to third party users through the Site (collectively, “Images”). You hereby authorize and grant GoBundance Ascend LLC the right to copyright, license, publish, broadcast, display, reproduce, and distribute in any manner the Images. You understand that the Images may be altered, adapted, or modified in connection with such use, and that your Images may be used alone or in combination with a fictitious name. You understand that you will not receive any payment, royalties or other reimbursement for permitting GoBundance Ascend LLC to use the Images. You grant GoBundance Ascend LLC and other users the absolute right and permission to use, re-use, publish, and re-publish Images, with or without your name, or reproductions thereof or excerpts therefrom, made through any medium, and in any and all media now or hereafter known for any purpose whatsoever. . You also understand that you will have no copyright or other rights with respect to the Images as they are used by GoBundance Ascend LLC or users. You hereby release, discharge, and agree to indemnify and hold harmless GoBundance Ascend LLC, its employees, officers, agents, and any users, from and against any and all claims and demands, including but not limited to, any claims for copyright infringement, defamation, invasion of privacy, or right of publicity, arising out of or in connection with any use of the Images
Third Party Sites and Services
GoBundance Ascend LLC may include or otherwise utilize third-party plug-ins, links and applications (“apps”) on its Sites. Your GoBundance Ascend LLC site can be accessed from a browser on a desktop or mobile device, or from apps created by GoBundance Ascend LLC or third-party application developers. Such third-party plugins, links, and apps are not under the control of GoBundance Ascend LLC, and GoBundance Ascend LLC is not responsible for such third-party plugins, links or apps, or for any information or materials on or any transmission received from any linked services. Accordingly, you are responsible for reviewing and complying with any and all terms and conditions applicable to such third party apps, products, plug-ins or links that you may access or use. The inclusion of a third-party plug-in or link does not imply endorsement by GoBundance Ascend LLC of the third party or any association of GoBundance Ascend LLC with the third-party operators. We do not endorse any third-party product or service, and we are not responsible for the content or reliability of any third-party product or service. GoBundance Ascend LLC provides such plug-ins and links for your convenience only. You access such plug-ins and links at your own risk. Some of our Site content may be provided by third parties. GoBundance Ascend LLC is not responsible for any such third-party content
Privacy and Security
Before using our Site, you should carefully review https://www.jamiegruber.com/privacy to learn about personal data collected on our Sites, how we process it, how we secure it, with whom we may share it, and how you may exercise any applicable data subject rights
Validity of Contract, Disclaimer of Warranties, and Limitations of Liability
Each party represents and warrants that it has validly entered into this Agreement and has the legal power to do so.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH GOBUNDANCE, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GOBUNDANCE.
Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and GoBundance Ascend LLC are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, GoBundance Ascend LLC will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and GoBundance Ascend LLC. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and GoBundance Ascend LLC
Waiver of Jury Trial. YOU AND GoBundance Ascend LLC AGREE TO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and GoBundance Ascend LLC are instead electing to have claims and disputes resolved by arbitration, subject to the terms set forth herein. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and GoBundance Ascend LLC over whether to vacate or enforce an arbitration award, YOU AND GoBundance Ascend LLC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court of competent jurisdiction.
Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Opt-out You may opt out of this arbitration agreement. If you do so, neither you nor GoBundance Ascend LLC can force the other to arbitrate. To opt out, you must notify GoBundance Ascend LLC in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your GoBundance Ascend LLC username and the email address or telephone number you used to set up your GoBundance Ascend LLC account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice VIA CERTIFIED MAIL to this address: GoBundance, PO BOX 131326 Carlsbad, CA 92013
Arbitration AgreementSurvival This arbitration agreement will survive the termination of your relationship with GoBundance Ascend LLC.
Time to Bring Claims Regardless of any statute or law to the contrary, notice on any claim arising from or related to this Agreement, and all matters between you and GoBundance Ascend LLC , must be made within one (1) year after such claim arose or be forever barred.
Your Rights and Obligations are Not Transferable
This Agreement and your rights and obligations under it are not transferable or assignable by you to any other person without the prior written approval of GoBundance Ascend LLC . Any such transfer or assignment shall be deemed null and void and shall be of no force or effect We may transfer our rights and obligations to the acquirer upon any merger, acquisition, transfer, or sale of all or a part of our business or its assets.
Updates to Mobile Applications
We may from time to time (in our sole discretion) develop and provide updates for our mobile applications, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features or functionality. You agree that (a) GoBundance Ascend LLC shall own and retain any and all rights associated with such Updates, (b) to comply with any additional terms applicable to such Updates, and (iii) GoBundance Ascend LLC has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality
Based on your mobile device settings, when your mobile device is connected to the Internet either: (a) the updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available updates
You shall promptly download and install all Updates. If you do not, portions of GoBundance Ascend LLC Sites may not properly operate and, if you do not install the Update, GoBundance Ascend LLC shall not be liable or responsible in any way, and you further agree to indemnify, defend and hold GoBundance Ascend LLC , its affiliates, employees, officers, and agents harmless for any and all claims for damage, loss of data, loss of business, loss of profits, reputational damage or any other loss arising out of your use of the non-updated Site or application. You further agree that all Updates will be deemed part of GoBundance Ascend LLC Sites, and be subject to all terms and conditions in this Agreement. You are responsible for any mobile charges that you may incur for using our website or app, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the website or app. If you change or deactivate the mobile phone number that you used to create an account, you must update your account information through Settings within 24 hours to prevent us from sending to someone else messages intended for you.
Your affirmative act of using and/or registering for GoBundance Ascend LLC Sites constitutes your consent to enter into agreements with us electronically
Geographic Restrictions/Export Controls
You acknowledge that for legal or operational reasons you may not be able to access GoBundance Ascend LLC Sites or Site content in your jurisdiction. You are responsible for compliance with all local laws, including local laws regarding the import, export, or re-export of Site content.
GoBundance Ascend LLC Sites may be subject to export control laws in certain countries. You agree you will comply with any and all applicable laws and regulations, and you will not, directly or indirectly, export, re-export or release GoBundance Ascend LLC Sites to, or make GoBundance Ascend LLC Sites accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You further agree you will comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making GoBundance Ascend LLC Sites available. Additionally, by downloading any content from GoBundance Ascend LLC Sites, you are agreeing that you are not in a country to which such export is prohibited.
Fees and Refunds
(if applicable) Fees charged for using the Site are payable in the amounts and in the manner described on the Site. Fees are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Site. If you are a paying customer and we change the fees, we will also notify you at the email address you provide in your registration information. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You shall be responsible for payment of all taxes, levies, or duties imposed by taxing authorities for any payment or fees you may collect through the Site. All currency references on the Site are to U.S. dollars. The refund period for your purchase is 30 days from your purchase date.
At its sole discretion, GoBundance Ascend LLC may modify or discontinue GoBundance Ascend LLC Sites, or may modify, suspend, or terminate your account and your and your Members’ and the public’s access to your GoBundance Ascend LLC Sites, with or without notice to you, at any time for any reason, without liability to GoBundance Ascend LLC or to any third party
Any and all fees paid hereunder are non-refundable. Termination of your account or access to the Sites will not limit any of GoBundance Ascend LLC other rights or remedies. This Agreement will expressly survive, and will still be in effect, despite any such modification, discontinuation, suspension, and/or termination. We also may remove any content you post on the Site, or that your Audience posts on the Site in relation to your account, for any reason and at any time.
Claims of Copyright Infringement
GoBundance Ascend LLC respects intellectual property rights of others and complies with the provisions of the Texas law.
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated in or through GoBundance Ascend LLC Sites, send your claim or notice of infringement to GoBundance Ascend LLC at firstname.lastname@example.org.
Your notification must include the following information:
- state the claimant’s name and address;
- identify the copyright material that is alleged to have been infringed and the claimant’s interest or right with respect to that material;
- specify the location data (e.g. the web address or Internet address associated with the alleged infringement);
- specify the infringement that is alleged; and
- specify the date and time of the alleged infringement.
INFORMATION FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, we are required to provide California residents with the following specific consumer rights information:GoBundance Sites are owned and copyright by GoBundance, LLCFees charged for the use of GoBundance Sites, is any, are payable in the amounts and in the manner described on the Sites, as set forth in the Fees and Refunds section of the Agreement; To file a complaint regarding GoBundance Sites or to receive further information regarding use of GoBundance Sites, please send a letter to GoBundance, Inc., Attn: Privacy Support to 206 Wild Basin Ste 203 Austin TX 78746, or contact us via email at email@example.com (with “California Resident Request” as the Subject Line). You also may contact the Complaint Assistance Unit of the Division of Consumer Services of California’s Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by telephone at 916.445.1254 or 800.952.5210. Miscellaneous Provisions If any provision of this Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used. If GoBundance fails or you fail to perform any obligation under this Agreement, and the other party does not enforce such obligation, failure to enforce on any occasion will not constitute a waiver of any obligation and will not prevent enforcement on any other occasion. Nothing contained in this Agreement will be deemed to constitute GoBundance or you as the agent or representative of the other or as joint venturers or partners. Headings and captions are for convenience only, and shall not be binding on either party.Any questions or requests for consent shall be sent to firstname.lastname@example.org. You also can write to us at GoBundance, Inc., Privacy Support, 206 Wild Basin Ste 203 Austin TX 78746 Event Cancellation / Refund Policy: Full refund if you cancel within 120 days prior to the event. 50% refund if you cancel within 90 days prior to the event. NO REFUND if you cancel less than 90 days prior to event. GoBundance Referral credit process: Growth Partners: Refer your lead to GoBundance When your lead is approved and becomes a member you receive a $750 credit Have 3 or more members in your downline and you receive a $750 credit each year when they renew their membership. Use your credits for your GoBundance membership or trips/events Refer your lead. All potential members must complete a membership application. This can be done by you simply sending them the membership application link OR connecting them to the GoTeam email@example.com After your leads application is received, they will go through a discovery process with a Badassador to determine if they are a good fit for GoBundace and if GoBundance is a good fit for them. Once your lead is approved and becomes a member of GoBundance, you will receive a $750 credit to your account. You will be notified via email that this credit has been applied to your account. Refer 3 or more members and you are now a Growth Partner. Growth Partners receive a $750 credit each year when each of their members in their downline renew their GoBundance Membership. Using your credit. You can use your credits for your own GoBundance membership or choose to apply your credits to any of the trips and / events that GoBundance offers throughout the year. Badassadors: On-boarding Badassadors: Must have a call with their assigned new member in the first 30 days and fill out an On-boarding Summary sheet to receive credit. Every time the badassador completes the call and the sheet within 30 days the Badassador receives a $75 credit for that member Retention Badassador: Must contact their assigned members once each quarter, and member must not cancel within that year for Retention Badassador to receive a $75 credit for each assigned member. Definitions of Terms: GoTeam: A member of the GoBundance Team that is available to answer your questions about GoBundance. Badassador: Members of GoBundance who have stepped up to be the Ambassadors of GoBundance, to spread their knowledge and experience within the Tribe. Growth Partner: A GoBundance member who has 3 or more members in their downline within the GoBundance Community. Downline: Hierarchical view of members of GoBundance and their sponsors. Sponsor: The member who introduces a lead to GoBundance. English Language The parties consent that the Agreement and all documents, notices and judicial proceedings entered into, given or instituted pursuant hereto, or relating directly or indirectly pursuant hereto, be in the English language. Any versions of this Agreement in any other language will be for accommodation only and will not be binding upon either party. Questions If you have questions about this Agreement, you can contact us at firstname.lastname@example.org. You also can write to us at GoBundance, Inc., Privacy Support, 206 Wild Basin Ste 203 Austin TX 78746
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