TERMS AND CONDITIONS
ASHLEY V - ASCENSION NXT
176 Main Street East Greenwich, RI 02818
Website terms and conditions, services to consumers and payments online for all Websites that form the Network of Ashley V – Ascension NXT. These terms and conditions regulate the business relationship between you (the Consumer) and us (Ashley V – Ascension NXT). When you buy or engage from any of the websites that form the network of Ashley V – Ascension NXT, you agree to be bound by them. No person under the age of 18 years may purchase Services. If you are under 18, please ask an adult for help with your purchase.
In this agreement:
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business;
“Our Website” means the entire computing hardware and software installation that is or supports this Website or any other Website that forms the Network of Ashley V – Ascension NXT including associated social media pages.
“Services” means any of the services and products or programs we offer for sale on our Website and include generally available updates and support services so far as specified for each service.
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website
2 Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 In any event to you as a buyer or prospective buyer of our Services.
2.3 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase receipt.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Services.
2.5 If in future, you buy Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
3 Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your information and for preventing any unauthorized person from using your computer.
4 Price, payment and service provision
See our separate Payment Policy document.
5 Cancellation of order
5.1 We don’t offer refunds.
5.2 If at anytime you decide to cancel your subscription and/or payments, you will lose access to your program within 24 hours.
5.3 This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way have provided the Services to you.
5.4 You agree that all payments are non-refundable and that should you not be able to participate or choose not to participate in the program or offering that you purchased that you will NOT receive a reimbursement for any payments received.
5.5 You agree that execution of any payment plan is a contract to pay all payments on the plan. Plans may not be cancelled even if you chose not to participate in the service.
6 Foreign taxes, duties and import restrictions
6.1 If you are not in the United States, we have no knowledge of, and no responsibility for, the laws in your country.
6.2 You are responsible for purchasing Services which you are lawfully able to import or use and for the payment of import duties and taxes of any kind levied in your country.
7 Dissatisfaction with the Services
7.1 If for any reason you are not completely happy with your purchase, contact us immediately and tell us:
7.1.1 exactly why you think we have failed;
7.1.2 the date, if relevant, of the failure;
7.1.3 when and how you discovered the failure;
7.1.4 the result of the failure;
7.1.5 your suggestion as to action we should take to resolve the situation and restore your faith in us.
7.2 To do this, it is essential that you contact us by email at the Contact Point on Our Website.
8 Your Material
8.1 If you post any Material in Our Website or Social Media Sites, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
8.2 You agree that if you do post any Material on Our Website or Social Media Sites, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
8.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
8.4 You represent and warrant that:
8.5 you own the rights to all of the Material that you post;
8.6 any fact stated in your Material is accurate;
9 System Security
9.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
9.2 You may not use any software tool for the purpose of extracting data from our website.
9.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
10 Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with these provisions:
10.1 You will not use or allow anyone else to use the Web Site or Social Media Sites to post or otherwise publish:
10.1.1 copyright works;
10.1.2 commercial audio, video or music files;
10.1.3 any Material which violates the law of any established jurisdiction;
10.1.4 unlicensed software;
10.1.5 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
10.1.6 links to any of the material specified in this paragraph;
10.1.7 pornographic Material;
10.1.8 any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
10.2 You will not use the Services for spamming. Spamming includes, but is not limited to:
10.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
10.2.2 The sending of junk mail;
10.2.3 The use of distribution lists that include people who have not given specific permission to be included in such
10.2.4 Excessive and repeated posting off-topic messages to newsgroups;
10.2.5 Excessive and repeated cross-posting;
10.2.6 Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
10.2.7 The emailing of age inappropriate communications or content to anyone under the age of 18.
11 Confidential Information and Intellectual Property Rights
11.1 You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
11.2 We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
11.3 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
11.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
11.5 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
11.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
You agree to indemnify us against any loss, claim or demand, including reasonable lawyers’ fees, made against us by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or Copyright other right of any person.
13 Miscellaneous provisions
13.1 When we communicate with you we do so by email, through Social Media or Facebook Messenger or, via Short Message Service (SMS) texts/Multimedia Messages (MMS) to your mobile. You agree that any written communications including via email, text or messaging are contractually binding in the same way as properly signed and dated paper sent by post.
13.2 An initial SMS or MMS sent by Ashley V – Ascension NXT to your mobile phone account will not carry any fees chargeable to you. However, your carrier’s standard messaging, data and other rates and fees still apply to any messages you send, our confirmations, and all subsequent SMS correspondence and/or transmissions. At any time, you may text STOP to cancel or HELP for customer support information.
13.3 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of those goods or service.
13.4 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
The above represents this document in it entirety.