Terms and Conditions

For the purposes of these terms of use, “Services” means the websites and applications (including mobile applications) of Ascentium Capital (“Ascentium”, “we”, “us” or “our”), a division of Regions Bank, and any content posted in such websites and applications including but not limited to testimonials, calculators, white papers and other industry and market information (whether in written, visual or audio format).

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 logos and other trademarks, service marks, graphics, and logos used for our Services or otherwise are trademarks or registered trademarks of Regions Bank, member FDIC.

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:

• Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
• Override any security feature or bypass or circumvent any access controls or use limits of the Services;
• Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Ascentium;
• Violate the intellectual property or other rights of Ascentium, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Ascentium” or our logos in any business name, email, or URL;
• Upload or otherwise cause to be transmitted software viruses, worms, or any other harmful code;
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
• Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Ascentium's consent;
• Deep-link to our Services for any purpose, without Ascentium's consent;
• Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
• Monitor the Services' availability, performance or functionality for any competitive purpose;
• Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
• Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
• Submit fraudulent, false or otherwise misleading information when submitting information to Ascentium via the Services;
• Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
• Share your personal ID, password or PIN with anyone, under any circumstances.

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 ARE 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 only be brought in a federal 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.