These Terms and Conditions of Use (“Agreement”) is a legal agreement between you and Ascend Consulting, LLC (hereinafter referred to as “Mockaroon,“ “us,” “we,” or “our”), the owner and developer of (the “Site”). By visiting or accessing the Site or registering for any service provided on the Site you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement. If you are using the Site or the services provided on the Site on behalf of a company, organization, or entity, you represent that you have proper authority to act on behalf of the company, organization, or entity with respect to this Agreement. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS THE SITE OR REGISTER FOR ANY SERVICE OFFERED ON THE SITE. The Terms are subject to change at any time, effective upon notice to you.
WE RESERVE THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF ANY PART OF THE SITE OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO (insert link to updated Terms).
Limitations of Liability and Indemnification. By using the services provided by the Site, you agree that in no event will Mockaroon, it officers, employees, agents, affiliates, licensees, and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the Site or using any of the services available. Your sole remedy for any breach or default of this Agreement by Mockaroon shall be a return of any fees paid to Mockaroon for any services provided under this Agreement. You indemnify and agree to defend and hold harmless Mockaroon, its officers, employees, agents, affiliates, licensees, and web hosting services and third parties for any losses, costs, liabilities, and expenses (including without limitation court costs, legal fees, awards, or settlements) relating to or arising out of your use of the Site, including any breach by you of the Terms contained in this Agreement.
No Reliance. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Mockaroon. Mockaroon does not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
Right to Monitor. Mockaroon reserves the right, but not the obligation, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the Site. Your use or continued use of the Site is at the sole discretion of Mockaroon and we may terminate your use of the Site at any time.
Account Activities. You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact us immediately. It is up to you to maintain the confidentiality of your password and account. We are not responsible or liable for any loss or damage arising from your failure to comply with the provisions of this Agreement.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
By Mail: 8 Green Street, Dover DE 19901
By Phone: 302-288-0760
By E-mail: email@example.com
Passwords & Security. Any passwords used for this Site are for your individual use only. You will be responsible for the security of your password(s). From time to time, we may require that you change your password. You are prohibited from using any services or facilities provided in connection with this Site to compromise its security or tamper with any of its system, resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of this Agreement. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us and/or any of our affiliates to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Agreement.
Ownership. All content included on the Site is and shall continue to be the property of Mockaroon or its content suppliers and is protected under applicable copyright, patents, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Site or the services offered on the Site.
Trademarks. You acknowledge Mockaroon’s exclusive rights in the Mockaroon trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Mockaroon or the party that provided such intellectual property to Mockaroon. Mockaroon and any party that provides intellectual property to Mockaroon retain all rights with respect to any of their respective intellectual property appearing in the Site, and no rights in such materials are transferred or assigned to you.
No Warranties. THE USE OF THE SITE AND ANY SERVICE IT PROVIDES IS AT YOUR SOLE RISK. THE WEBSITE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOCKAROON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MOCKAROON MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF SERVICES WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE UTILIZED BY THE SERVICES WILL BE CORRECTED.
Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of the State of Missouri, United States of America, without regard to provisions of conflicts of law. You agree and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts of the State of Missouri and of the Unites States of America located in the State of Missouri, for any and all claims arising from or related to this Agreement.
Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
Intended Audience. The Site is intended for adults only. YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER, ACCESS AND USE THE SITE AND ANY SERVICE PROVIDED BY THE SITE. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THIS SITE FOR ANY PURPOSE.
Entire Agreement. This Agreement constitutes your entire Agreement with Mockaroon with respect to any services.
Waiver. The failure of Mockaroon to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Mockaroon must be in writing and signed by an authorized representative of the Mockaroon.
Contact. If you have any questions regarding this Agreement, please contact us at firstname.lastname@example.org.