By use of the Services, you agree and consent to these Terms and Conditions. Your access to, and continued use of, the Services is conditioned on your adherence to the terms of these Terms and Conditions. We may, at our sole and absolute discretion, deny you access to the Services if we believe you have violated these Terms and Conditions.
For your convenience, the Services may include third-party apps or sites that link from our Services. You are responsible for deciding if you want to access or use such third-party apps or sites. The mention of, or links to, third-party information, services, products, or providers in our Services does not imply that we endorse or support such services, products or providers. We are not responsible for these other sites or apps or the validity or accuracy of the information contained therein or performance of any products or services referenced therein. In short, you use these third-party apps, sites, information, services, products and providers at your own risk.
Ascentium reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Ascentium Capital LLC logos and other trademarks, service marks, graphics, and logos used for our Services or otherwise are trademarks or registered trademarks of Ascentium Capital LLC.
By using the Services, you agree that you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements, and you agree that you will not:
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time without prior notice to you. Changes to these Terms and Conditions will be effective immediately upon posting such changes, unless otherwise noted.
You agree, at your expense, to defend and indemnify Ascentium, its subsidiaries and affiliates and our and their respective officers, directors, managers, employees and agents and contractors and hold any and all such parties harmless against any and all claims which may be asserted against such parties and all losses incurred by such parties as a result of any violations by you of these Terms and Conditions.
WE DO NOT OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY OF THE CONTENT THAT MAY BE OBTAINED AT OR THROUGH THE SERVICES. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE SERVICES RE MADE AVAILABLE TO YOU "AS IS, WITH ALL FAULTS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES WHATSOEVER ABOUT THE NATURE, CONTENT, CORRECTNESS, RELIABILITY, COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT LOCATED AT, RECEIVED FROM, OR GENERATED THROUGH, THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION, WARRANTIES OR GUARANTEES THAT THE SERVICES WILL BE SECURE OR ACCESSIBLE CONTINUOUSLY, WITHOUT INTERRUPTION OR ERROR-FREE. PRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES.
WE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OBLIGATIONS UNDER THESE TERMS AND CONDITIONS, THE USE OF THE SERVICES, AND THE CONTENT PROVIDED HEREIN OR THEREIN, OR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, INCLUDING BY EXAMPLE, WITHOUT LIMITATION, LOST REVENUE, PROFIT OR DATA, FAILURE OF PERFORMANCE, ERROR, OMISSION, DEFECT, DELAY IN TRANSMISSION OR OPERATION, COMPUTER VIRUS, BUSINESS INTERRUPTION AND THE LIKE.
Except as otherwise provided any other written agreement we may have with you, these Terms and Conditions constitute the entire agreement between you and us relating to your access to and use of the Services and supersede any prior or contemporaneous representations or agreements, including all prior versions of these Terms and Conditions.
Any disputes with respect to these Terms and Conditions or the Services shall be governed by, and construed in accordance with, the laws of the State of Texas. All disputes arising out of or relating to these Terms and Conditions or the Services shall be only be brought in a federal our state court situated in Harris County, Texas.
If any portion of these Terms and Conditions is ruled invalid or otherwise unenforceable by a court of competent jurisdiction, these Terms and Conditions shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. The invalidity of any these Terms and Conditions in one jurisdiction shall not affect the validity of these Terms and Conditions in accordance with the laws of any other jurisdiction.