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TERMS OF USE

Last updated: December 1^st, 2008

Ascend Interactive, Inc. (“Ascend,” “we” or “our”), a California corporation, through our website www.goalforit.com (the “Website”), provides, among other services, a social networking service that (i) allows Members (as defined below) to create unique personal profiles online in order to set and track their goals and, if they wish, share their action plans and goals with others, and (ii) allows Visitors (as defined below) to view “public” profiles, goals and action plans and provides other services related thereto (referred to hereafter as the “Service(s)”), which are subject to these Terms of Use (the "Terms"), which may be updated by Ascend from time to time.  Ascend will provide notice of materially significant changes to the Terms by posting notice of such changes on the Website.

By using the Service in any way you agree to be bound by the Terms as amended -- whether you simply browse the Website (“Visitor”) or have registered with the Website (“Member”).  The term “User” as used herein refers to a Visitor or a Member.  In addition, when using the Website and the Service, you agree to abide by any additional guidelines for the Services which may be posted on the Website (which are incorporated herein by reference), which may change from time to time.  Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Ascend or the Website in any way, your only recourse is to immediately discontinue use of the Website and the Service.

As stated above, Ascend reserves the right, at any time, to change the Terms by publishing notice of such changes on the Website.  Any use of the Services by you after Ascend’s publication of any such changes shall constitute your acceptance of this agreement as modified.  You agree that Ascend is permitted to access and use any information provided by you to perform the Service and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Service provided to you.

If you are between 13 and 17 years of age, you should have your parent’s or legal guardian’s permission to use this Website and the Service.  For the purpose of these Terms, if you are a minor, “you” or “your” as used herein shall be deemed to include your parent or legal guardian.

Content

This Website is owned and operated by Ascend.  All right, title and interest in and to the materials provided on this Website (excluding User Content (as defined below)), including but not limited to information, documents, logos, software, applications, graphics, sounds, and images (collectively, the "Materials") are owned either by Ascend or by its respective third party authors, developers, or vendors ("Third Party Providers").  Ascend hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Materials (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.  Ascend does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Ascend.  Any rights not expressly granted herein are reserved by Ascend.

Ascend does not claim any ownership rights in the text, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials (collectively “User Content”) that you post on or through the Website.  After posting your User Content to the Website, you continue to retain any such rights that you may have in your User Content, subject to the limited license herein.  By displaying or publishing (“posting”) any User Content on or through the Website, you hereby grant to Ascend a license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, distribute, exploit, transfer, assign or sublicense such User Content, including without limitation distributing part or all of the Website in any media formats and through any media channels.  This license shall be non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable, worldwide, and perpetual.

You represent and warrant that: (i) you own the User Content posted by you on or through the Website or otherwise have the right to grant the license set forth herein, and (ii) the posting of your User Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.  You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content posted by you on or through the Website.

The Website contains User Content of other Users and other licensors.  Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any other User Content appearing on or through the Website.

Your profile on the Website may not include, and you agree not to post on or through the Website, any form of Prohibited Content (as defined below).  Despite this prohibition, information, materials, products or services provided by other Users may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms, and Ascend assumes no responsibility or liability for this material.  If you become aware of any misuse of the Services by any person, please contact us using this form.

Ascend may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of Ascend violates these Terms or which may be offensive, inappropriate, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.  Ascend assumes no responsibility for monitoring the Website for inappropriate User Content or conduct.  If at any time Ascend chooses, in its sole discretion, to monitor the Website, Ascend nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.  You are solely responsible for the User Content that you post on or through the Website, and any material or information that you transmit to other Users and for your interactions with other Users.

Public Forums And Communications

"Public Forum" means an area or feature offered as part of the Website that offers the opportunity for Users to interact with each other and to post User Content for viewing by one or more Users, including in a chat area, message board or social community environment.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any postings to or communication within a Public Forum, or postings or communication on or through the Website.  You should be skeptical about information provided by others, and you acknowledge that the use of any User Content posted in any Public Forum is at your own risk.  Please note that Ascend cannot guarantee the security of any information posted on the Website.  Your participation on the Website is at your own risk.

Users under the age of 13 years may not participate in a Public Forum. 

Prohibited Content

“Prohibited Content” includes, but is not limited to, any User Content that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is harmful or can reasonably be expected to be harmful to any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (f) infringes or violates any right of a third party including right of privacy, right of publicity, copyright, patent, trademark, trade secret or other proprietary or contractual rights; (g) is commercial, business-related or advertises or offers to sell any products or services, whether or not for profit; (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Website; (i) does not generally pertain to the designated topic or theme of the relevant Public Forum or the Website; (j) violates any specific restrictions applicable to a Public Forum or the Website; or (k) is antisocial, disruptive, or destructive, including "spamming," "flooding," and "trolling" as those terms are commonly understood and used on the Internet.

No Personal Advice

Any informational materials provided on the Website, including without limitation the articles, opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional, educational, medical, legal, psychiatric, employment or other advice. Ascend makes no representations or warranties regarding the truth and validity of such articles, opinions and recommendations, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through Website. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.  Ascend neither endorses nor is responsible for any information, statement or advice made on the Website.

Any informational materials provided on the Website, including without limitation the articles and opinions are the sole opinion of author or provider and do not necessarily reflect the views of Ascend.

Third Party Links

The Website may contain links to other websites, which are completely independent of this Website.  Ascend makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.  If you use these links, you will leave the Website.  Your linking to any other website is at your own risk.  You agree that Ascend shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any dealings between you and any such third parties.  In addition, you acknowledge that Ascend does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each User is who the User claims to be. It is your sole responsibility to research and verify the legitimacy of any organization or individual advertising on the Website, and you are solely responsible for your decision to submit personal information to any third party.

Privacy and Information Disclosure

You acknowledge and agree that Ascend’s Privacy Policy is incorporated herein by this reference and is thereby a part of the Terms.

Password

When you sign up to become a Member, you will also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party.  You agree to notify Ascend immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.

Parent Sponsored Child Accounts

Parents or legal guardians may choose to establish a goal or goal chart for his/her child or ward that exists as part of the parent’s or legal guardian’s account.

Intellectual Property Protection

Ascend respects the intellectual property rights of others, and requires that all Users do the same.  You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.  Ascend has the right to terminate a User’s use of the Website for such actions.

If you believe your work has been copied and posted on the Website in a way that constitutes copyright infringement, please send Ascend's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Website; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.  Ascend's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Ascend Interactive, Inc., 2058 N. Mills Ave. #539, Claremont, CA 91711; Attn: Copyright Agent. 

Contests, Sweepstakes and Other Activities

Ascend provides rules of participation for certain activities on the site including, without limitation, contests and sweepstakes. These rules are incorporated herein by reference. To the extent that any conflict exists between these Terms and specific rules for any sweepstakes, contest or other activity, the rules for such sweepstakes, contest or other activity in which you choose to participate shall govern.

Change to the Website or Service

Ascend may add, change, discontinue, remove or suspend any portion of the Website or Service at any time, without notice.

Limitations on Service

Ascend grants you a limited, revocable, nonexclusive license to access the Website and utilize the Service for your own personal use, and not to download or modify it, or any portion of it unless the Service specifically provides for as such.  You acknowledge that Ascend may establish limits concerning your use of the Service and reserves the right at any time to modify or discontinue your access to the Service (or any part thereof) with or without notice, including but not limited to the Materials, functionality or hours of availability, or the equipment needed for its access or use.

Termination of Service

You understand that Ascend, in its sole discretion, has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website immediately and without notice, for any reason, including, without limitation, if Ascend believes that you have acted inconsistently with the letter or spirit of the Terms.  Further, you agree that Ascend shall not be liable to you or any third party for any termination of your access to the Website.  Further, you agree not to attempt to use the Website after said termination.

Disclaimers

ASCEND IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE USER CONTENT OR THE ACCURACY AND RELIABILITY OF THE USER CONTENT POSTED ON OR THROUGH THE WEBSITE, AND SUCH USER CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF ASCEND.  PROFILES AND THIRD PARTY APPLICATIONS CREATED AND POSTED BY MEMBERS ON THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES.  ASCEND IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY ASCEND.  ASCEND IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.  ASCEND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION.  UNDER NO CIRCUMSTANCES SHALL ASCEND BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, FROM ANY USER CONTENT POSTED ON OR THROUGH THE WEBSITE, OR FROM THE CONDUCT OF ANY USER OF THE SERVICES, WHETHER ONLINE OR OFFLINE.  ASCEND CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ITS SERVICES.

ASCEND IS NOT RESPONSIBLE FOR ANY INFORMATION, STATEMENT OR ADVICE MADE ON THE WEBSITE.  ASCEND’S SERVICES ARE NOT LICENSED BY ANY U.S. STATE, THE FEDERAL GOVERNMENT OR ANY INTERNATIONAL AGENCY.  ASCEND’S SERVICES ARE NOT DESIGNED TO, AND DO NOT PROVIDE, MEDICAL OR OTHER PROFESSIONAL ADVICE.  NEVER DISREGARD PROFESSIONAL ADVICE (MEDICAL OR OTHERWISE), OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE LEARNED, VIEWED, LISTENED TO, READ OR OTHERWISE ASCERTAINED OR OBTAINED (COLLECTIVELY “LEARNED”) FROM THE WEBSITE AND/OR SERVICES.  ANYTHING YOU LEARN FROM THE WEBSITE AND/OR SERVICES IS NOT INTENDED TO REPLACE THE SERVICES OF A TRAINED PROFESSIONAL OR BE A SUBSTITUTE FOR PROFESSIONAL ADVICE, DIAGNOSIS AND/OR TREATMENT.  WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION OFFERED OR PROVIDED ON THE WEBSITE REGARDING YOUR MEDICAL OR OTHER NEEDS.

WITHOUT LIMITING THE FORGOING, YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK.  ASCEND ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE’S MATERIALS.  THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ASCEND DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, ASCEND DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND THE SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, ASCEND DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, ASCEND DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE OR THE SERVICE.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL ASCEND BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ASCEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnity

You agree to indemnify and hold Ascend, its officers, subsidiaries, affiliates, successors, assigns, directors, shareholders, agents, service providers, attorneys, suppliers, partners, contractors, experts, content providers, advisors and employees, harmless from any claim or demand, damages, losses, obligations, costs and expenses, including reasonable attorneys’ fees and court costs whether or not litigation has commenced, made by any third party due to or arising out of your use of the Website and/or the Service, including but not limited to any User Content that you post on or through the Website, your violation of the Terms, or your breach of any of the representations and warranties herein.

U.S. Export Controls

Software available in connection with the Services (the "Software") is further subject to United States export controls.  No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws.  Downloading or using the Software is at your sole risk.

General Information

The Terms constitute the entire agreement between you and Ascend and govern your use of the Website and the Service, superseding any prior agreements between you and Ascend.  The Terms and the relationship between you and Ascend shall be governed by the laws of the State of California without regard to any conflicts of laws principles.  You and Ascend agree to submit to the exclusive jurisdiction of the courts located within the County of Los Angeles, State of California to resolve any dispute arising out of or related to the Terms or the Services.  The failure of Ascend to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  The Terms do not limit any rights that Ascend may have under trade secret, copyright, patent or other laws.  The employees of Ascend are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on Ascend, except in a writing signed by an authorized officer of Ascend.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.  You also agree that the Terms shall not be construed against the drafting party, i.e., Ascend.  YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE OR THE SERVICE.  FURTHER, YOU HERETO CERTIFY THAT NO REPRESENTATIVE OR AGENT HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT YOU WOULD NOT IN THE EVENT OF SUCH LITIGATION SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. 

Contacting Us

If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us using this form.  We will address any issue to the best of our abilities as soon as possible.