Terms of Use archive of 3 October 2020

Effective 3 October 2020

This is an archived version of our Terms of Use. View the current version.

Overview

These Terms of Use (“Terms of Use”, “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, or “yourself”) and ASCENDO Inc. (“we”, “us”, or “our”), concerning your access to the website we operate at https://ascendo.trading (“Site”) and any products you can purchase on our Site (“Products”). ASCENDO Inc. is a Canadian company registered under the Canada Business Corporations Act with its head office in Quebec.

You agree that by accessing our Site or using our Products, you have read, understood, and agreed to be bound by all of these Terms of Use including those additional terms and conditions and policies referenced herein and/or available on the Site.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. We will alert you about any changes by updating the “Effective” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of or access to our Site following the posting of any changes constitutes acceptance of those changes.

The information provided on our 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 our 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.

The headings used are included for convenience only and will not limit or otherwise affect these Terms.

Intellectual property rights

Unless otherwise indicated, the Site is our proprietary property and all Products, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) are owned or controlled by us or licensed to us, and are protected by applicable copyright and trademark. Except as expressly provided in these Terms, no part of our Site and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use our Site, you are granted a limited license to access and use our 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, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

User representations

By using our Site, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. you have the legal capacity and you agree to comply with these Terms;
  4. you are not a minor in the jurisdiction in which you reside;
  5. you will not access our Site through automated or non-human means, whether through a bot, script or otherwise;
  6. you will not use our Site for any illegal or unauthorized purpose;
  7. your use of our Site will not violate any applicable law or regulation; and
  8. you agree to keep your password confidential and will be responsible for all use of your account and password.

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 any and all current or future use of our Site and Products (or any portion thereof).

Accuracy, completeness and timeliness of information

Every effort is made to ensure the complete accuracy of the content on our Site, including the description of our Products, however it is possible that errors may occur.

The content of the Site is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Modifications and interruptions

We cannot guarantee our Site and our Products will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Site or our Products at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or our Products during any downtime or discontinuance of our Site or our Products. Nothing in these Terms will be construed to obligate us to maintain and support our Site or our Products or to supply any corrections, updates, or releases in connection therewith.

Purchases and payment

We accept the following forms of payment:

  • PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via our 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 required by law. 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 taxes, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable 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 our Site.

Refunds policy

If at anytime within 30 days of purchasing our Products you are not satisfied, then simply let us know and we will refund 100% your purchase. When you are not satisfied, we are not satisfied. That is our commitment and your risk-free 30 days 100% money back guaranty.

To request a refund, simply contact us by email or through this form with your purchase receipt within 30 days of your purchase. We will not ask but we will appreciate if you tell us why you are requesting a refund. We take customer feedback very seriously and use it to constantly improve our products. Refunds will reflect the amount stated on your purchase receipt and will be issued within 3 business days in the same method by which it was received, meaning the original form of payment. We are not responsible for any additional fees or charges applied by credit card companies, banks, currency exchange, any duties, taxes or surcharges that may be levied by your country of importation, or any other parties throughout the process.

Once you have received the money for your refund you will no longer be able to use the product/s for which you have been refunded.

Products License

When you subscribe to or purchase our Products, we grant you an exclusive and nontransferable License to use, at any one time, the Products on a single computer with the NinjaTrader® 8 platform configured with the NinjaTrader Machine ID you provided. Our Products require the NinjaTrader® 8 platform to work which is provided by a third party. We have no affiliation with NinjaTrader Group, LLC. We reserve the right, but not the obligation, to revoke the License and remove or disable your access to our Products if you, in our sole discretion, violates the law of these Terms.

“NinjaTrader® is a registered trademark of NinjaTrader Group, LLC. No NinjaTrader company has any affiliation with the owner, developer, or provider of the products or services described herein, or any interest, ownership or otherwise, in any such product or service, or endorses, recommends or approves any such product or service.”

Products subscription License

When you subscribe to Products, we provide you access to all Products that are currently available to purchase on our Site. When subscribing you agree that we will charge your payment method the subscription fees every month without requiring your prior approval for each recurring charge, until such time as you cancel the subscription. If you cancel the subscription you will no longer have access to the Products listed on the subscription agreement upon the expiration of your current pre-paid month. We may change the fees for the subscription at any time or impose additional fees or charges. Such changes will be effective as of the first billing cycle that occurs more than 30 days after notice of our new fees. We reserve the right to remove or disable access to the subscribed products for failure to pay the applicable subscription fees.

Products lifetime License

When you purchase a lifetime License of our Products you agree that without limitation certain features of the software may not be available or supported in perpetuity. You are eligible for a full refund of a lifetime License within 30 days of your purchase. After 30 days you will no longer be eligible and will not be able to receive a refund. You also agree that we reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Products at any time or for any reason without notice to you. 

Prohibited uses

You may not access or use our Site for any purpose other than that for which we make our Site available. In addition to other prohibitions as set forth in the Terms, you are prohibited from using our Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Site or any related website for violating any of the prohibited uses.

User generated contributions

Our Site may allow you to chat, contribute to, or participate in blogs, message boards, online forums, to leave a product review and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on our Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of our Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. By posting your Contributions to any part of our Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose. 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. 

You agree that your Contributions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Contributions will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Contributions. You are solely responsible for any Contributions you make and their accuracy. We take no responsibility and assume no liability for any Contributions posted by you or any third-party.

We may, but have no obligation to, monitor, edit or remove Contributions that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

Guidelines for user reviews

We may provide you areas on our Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  1. you should have firsthand experience with what is being reviewed;
  2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
  3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
  4. your reviews should not contain references to illegal activity;
  5. you should not be affiliated with competitors if posting negative reviews;
  6. you should not make any conclusions as to the legality of conduct;
  7. you may not post any false or misleading statements; and
  8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

User submissions

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.

User data

We will maintain certain data that you transmit to our Site for the purpose of managing the performance of our Site, as well as data relating to your use of our 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 our 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.

Third-party links, websites and content

Certain content, products and services available via our Site may include materials from third-parties.

Third-party links on our Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Site management

We reserve the right, but not the obligation, to:

  1. monitor our Site for violations of these Terms;
  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  4. in our sole discretion and without limitation, notice, or liability, to remove from our Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  5. otherwise manage our Site in a manner designed to protect our rights and property and to facilitate the proper functioning of our Site.

Privacy policy

We care about data privacy and security. Please review our Privacy Policy. By using our Site or our Products, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

Term and termination

These Terms shall remain in full force and effect while you use our Site or our Products. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our Site and our Products (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in our Site and our Products or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. 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.

Governing law

These Terms shall be governed by and defined following the laws of Canada. We and yourself irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

Dispute resolution

You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the Canada courts. We 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.

DISCLAIMER

We do not guarantee, represent or warrant that your use of our Site and/or Products will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of our Site and/or Products will be accurate or reliable.

You agree that from time to time we may change, revise, update, suspend, discontinue, or otherwise modify our Site or our Products at any time or for any reason without notice to you.

OUR SITE AND PRODUCTS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR SITE AND/OR PRODUCTS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR SITE AND PRODUCTS 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 PRODUCTS DESCRIPTION, OUR SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR 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 OUR SITE OR PRODUCTS,
  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 OUR SITE,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR PRODUCTS 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 OUR SITE OR PRODUCTS. 

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR 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 OUR SITE OR PRODUCTS, 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.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of our Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of our Site with whom you connected via our Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Communications

The entire communication with us is electronic. Visiting our 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 our Site, satisfy any legal requirement that such communication be in writing. 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.

Miscellaneous

These Terms and any policies or operating rules posted by us on our Site or in respect to our Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of our Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Contact us

In order to resolve a complaint regarding our Site or Products or to receive further information regarding the use of our Site or our Products, please use this form and we will be in touch with you as quickly as we can, but no later than 5 business days from the date of receipt of your query:








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