FAQ
Legal Disclaimer
By using Ascend ("Company"), you acknowledge and agree that the Company is not responsible for any damages, legal ramifications, losses, or terminations of Amazon accounts arising from the purchase or use of products provided in the leads sold by Ascend. The information and services provided by Ascend are intended for general informational purposes and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Ascend provides no warranty regarding the accuracy, timeliness, truthfulness, completeness, or reliability of any information provided. You expressly agree that your use of or inability to use the provided leads is at your sole risk. The products and services delivered to you through Ascend are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Ascend, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Confidentiality
In performing under this Agreement, Clayton Flips, LLC, otherwise known as “Ascend Leads” or Doing business as "Ascend AMZ,” may have access to Confidential Information. "Confidential Information" means any information or material that (a) is related to the current, past and proposed operations, business, products or services of Client, including information received by or on behalf of Client from any third party (such as a supplier or customer of Client) to whom Client owes a duty of confidentiality, (b) is disclosed to Ascend Leads or to which Ascend Leads otherwise gains access as a result of performing under this Agreement and (c) has not been made available generally to the public, whether or not expressed in a document or other medium and whether or not marked “Client Confidential” or with any similar legend of Client or any third party. Ascend Leads agrees not to use any Confidential Information other than as required in order for Ascend Leads to perform its obligations to Client under this Agreement, and Ascend Leads agrees not to disclose any Confidential Information and to take all reasonable precautions to prevent its unauthorized use or disclosure, both during and after the term of this Agreement.
Indemnification
The Client shall defend, indemnify and hold harmless Ascend Leads, its affiliates and their respective shareholders, officers, directors, employees, agents, successors and permitted assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees, in connection with any third party claim, suit, action or proceeding directly arising out of or directly resulting from a willful or grossly negligent breach of any representation, warranty or obligation set forth in this Agreement by the Client or any of the Client’s affiliates and their respective shareholders, officers, directors, employees, agents, successors and permitted assigns.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules.
Arbitration
All disputes in any manner relating to or arising out of this Agreement which the Parties cannot resolve themselves shall be resolved first through mediation, and second through arbitration before a single experienced arbitrator, under the Commercial Rules of Arbitration of the American Arbitration Association, or such other rules as mutually agreed upon by the Parties. The arbitration shall be conducted at a location mutually agreed upon by the Parties. The decision or award of any arbitrator shall be binding upon the Parties and shall be enforceable by judgment entered in a court having jurisdiction over the party against whom enforcement is sought. Any arbitrator appointed under this Agreement shall have authority to order such equitable relief and such limited discovery as may be appropriate under the circumstances. In the event the arbitrator determines there is a prevailing party in the arbitration, the prevailing party shall recover from the losing party all costs of arbitration, including without limitation, all fees of the arbitration association and the arbitrator and all reasonable attorney’s fees incurred by the prevailing Party.
