Terms Of Use

Agreement to Terms of Use:

These Terms of Use (“Terms of Use”) apply to the Ascent Software Group, LLC (“Ascent”) SaaS and Website located at www.ascentvms.com and ascentdesk.com, as well as any other related websites or service offerings owned by Ascent These terms apply to all users of the Website and its contents, including (i) SaaS Licensees (i.e., Clients); (ii) employees and other personnel associated with third party businesses, such as lenders and appraisers, and other customers of SaaS Licensees (“Customers”); and (ii) end users (“End Users”) who are clients and potential clients of such Licensees and/or Customers..

BY ACCESSING OR USING THE WEBSITE OR THE SAAS PROVIDED THROUGH THIS WEBSITE SAAS, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE WEBSITE OR THE SAAS.

Please read these Terms of Use carefully. Ascent reserves the right to update and make changes to these Terms of Use at any time, in its sole discretion. Such changes are effective immediately upon being posted to the Website, unless otherwise specified by Ascent. It is your responsibility to refer back to this page from time to time for any such updates or changes.

SaaS and other Website Content:

Subject to your compliance with these Terms of Use, Ascent grants you a limited, personal, non-exclusive, non-transferable and revocable right and license to use the Website and its contents, including the SaaS. If you are a Customer or End User, your license to access and use the Website and SaaS is tied to, and contingent on, a Client’s active and valid License, which is set forth in a separate Software License and Services Agreement. 

Privacy:

To operate the Website and SaaS as intended, Ascent collects and processes personal information and data. Please refer to Ascent’s Privacy Policy, which is incorporated into these Terms of Use as if fully set forth herein, and informs all Website and SaaS users of our policies and practices related to collection, storage, processing, destruction, and other use of your personal data. However, you understand and agree that no data transmissions over the internet can be guaranteed to be 100% secure and that Ascent cannot ensure or warrant the security of any information transmitted to us.

Your Use: 

If you use the Website or SaaS as an End User to fill out and submit any forms or other data fields, you may be requested or required to set up an account with Ascent. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computers or devices, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify Ascent of any unauthorized use of your account of which you become aware. You agree that Ascent is not responsible for third party access to your account that results from theft or misappropriation of your password or account. You may not allow another person to use your account, or assign or transfer your account to any other person or entity, without Ascent’s prior written consent.

You agree that Ascent may use any personal data that you provide or otherwise to contact you (e.g., by email), to provide you with a login to access the SaaS. If you use the login and authorize Ascent to retain your personal data in an account for you, Ascent may retain your personal data in that account for as long as you keep that account. An account gives you the option to reuse your personal data for other transactions hosted by Ascent.

In order to use the payment functionality of Ascent’s SaaS, you must be 18 years or older and you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. You authorize Ascent to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through Ascent’s SaaS, and Dwolla account notifications will be sent by Ascent, not Dwolla. Ascent will provide customer support for your Dwolla account activity, and can be reached at our website, through the contact information provided below.

Appraisers will be listed in the nationwide Ascent Appraiser Directory. All Clients will have access to the Ascent Appraiser Directory from within the SaaS. If you an appraiser and submit information to the Website or SaaS, you expressly consent to the inclusion of your contact information and other identifying information, such as license numbers, in the Ascent Appraiser Directory.

Your Warranties and Restrictions on Use of Website and SaaS: 

As a condition of your use of the Website and the SaaS, you warrant to Ascent that you will not use the Website, SaaS or Ascent Materials (as defined in the “Ownership” section below) for any purpose that is unlawful or that is prohibited by these Terms of Use. Without limiting this warranty, you specifically agree:

  • You will not use the SaaS or Ascent IP for any unauthorized business or unlawful transactions. If you are using the SaaS under a Client’s license, you will not use the SaaS in connection with any business office location or site not authorized under the Client’s license.
  • You will not use the Website or SaaS in any manner which could damage, disable, overburden, or impair the Website or SaaS or interfere with any other party’s use and benefit of the Website or SaaS.
  • You will not obtain or attempt to obtain any materials or information on or through the Website or SaaS through circumventing any access or use restrictions or by any other unauthorized methods, such as hacking or password mining.
  • You may not use any bots, spiders, page-scraping or other automated or manual processes or methods to copy or monitor this Website or any of its contents.
  • You will not upload any content, information (including personal information of yourself or another individual) or other data (collectively, “User Content”) that contains any libelous or unlawful material or any materials or instructions that may cause harm or injury, or violates any person’s right of privacy or any copyright, trademark, or other intellectual property rights.
  • You will not copy, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way use or exploit any of the content of the SaaS, Website or other Ascent IP other than for their authorized purposes. You will use Ascent IP solely for your internal use and as allowed by the Client License.
  • You will not delete or alter any proprietary rights or attribution notices in any content or Ascent IP obtained through the Website or SaaS.
  • You agree that you do not acquire any ownership rights in any Ascent IP or other content posted by Ascent, Clients, or other third parties. Ascent does not grant you any licenses, express or implied, to use any Ascent Materials except as expressly provided in these Terms of Use or as stated in writing in connection with such forms or materials.
  • You will not use the SaaS, or other Ascent IP to develop a competitive product or service, or copy any of their content, features, functions or designs. You will not allow a direct competitor of Ascent to access the SaaS through your, or any other, account with Ascent.

Indemnification:

You will indemnify and hold harmless Ascent and our affiliates, officers, agents, employees, Clients, and partners from any claim, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your User Content, your use of the Website, SaaS or Ascent IP, or your violation of these Terms of Use, unless such claim, loss or damage arises solely out of Ascent’s or its employees’ or agents negligence or wrongdoing.

Suspension or Termination of Account or Access to SaaS 

Ascent reserves the right, in its sole discretion, to suspend or terminate your account or your access to the SaaS, to terminate or delete any content (including your User Content) or Ascent Materials, and/or to cease providing any related services at any time, without notice and without any liability to you, for any reasonable cause, including without limitation your breach of these Terms of Use, requests by law enforcement or other government agencies, discontinuance or modification of the SaaS, or technical problems.

Third Party Linked Sites and Services:

The Website or SaaS may provide links to third party websites (“Linked Sites”) for the purposes of providing certain services or information. Such Linked Sites may include social media, credit card processing, and seminar/webinar registration. The Linked Sites are not operated or controlled by Ascent, and Ascent is not responsible for any of the contents of any Linked Sites, including any additional links contained in a Linked Site, or for any products or services provided by such third parties. Ascent is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ascent of the site or any association with the owners or operators of the Linked Site.

Your personal data and information may be shared with the third parties who provide services to Ascent and our customers, including Linked Sites (for example, credit card processors), where permitted by law, subject to your consent if required by law or by the Privacy Policy. Please see the Privacy Policy for additional details.

Ownership:

All content and materials on the Website or made available through the Website, including articles, form, videos, text, software, graphics, logos and images (“Ascent Materials”), are the property of Ascent or its Clients.. All Ascent Materials are protected by copyright and/or other laws that protect intellectual property and proprietary rights. You agree to comply with all copyright and other proprietary notices, legends or other restrictions applicable to any Ascent Materials.

Your User Content remains your property, subject to the rights of use contained in these Terms of Use and the Privacy Policy. If you provide any suggestions, ideas or feedback to Ascent (“Feedback”), Ascent shall have a royalty-free, worldwide, irrevocable, perpetual license to use such Feedback and incorporate it into Ascent’s software, products and services.

Disclaimer of Warranties: 

EXCEPT AS OTHERWISE EXPRESSLY AGREED BETWEEN ASCENT AND YOU OR YOUR ORGANIZATION IN A SEPARATE CONTRACT, THE SAAS IS PROVIDED “AS IS” AND “AS AVAILABLE.”  ASCENT PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE SAAS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR INFRINGEMENT.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SAAS IS WITH CLIENT.  ASCENT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SAAS WILL MEET CLIENT’S REQUIREMENTS OR THAT THE OPERATION OF THE SAAS WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITTEN AGREEMENT SIGNED BY ASCENT, IN NO EVENT SHALL ASCENT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LIABILITIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE SAAS, WEBSITE, ITS SERVICES OR ASCENT MATERIALS OR YOUR USE THEREOF, INCLUDING FAILURE OR INADEQUACY OF OR INABILITY TO USE THE HOSTED SERVICE, ASCENT MATERIALS OR ANY SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASCENT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HOSTED SERVICE OR ANY OTHER ASCENT MATERIALS, PRODUCTS OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE HOSTED SERVICE. 

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so some of these disclaimers or limitations may not apply to you.

Copyright Infringement and Takedown Notices:

We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content on the Website are infringing, please notify us as specified in the “Ascent Contact Information” section below. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws.

Trademarks:

 The trademarks, service marks and logos displayed on this Website, including within the SaaS (collectively, “Trademarks”), are registered and/or unregistered Trademarks of Ascent, its Clients and other third parties. Ascent’s use of a third party’s Trademark or content on this Website does not indicate any endorsement by Ascent of such third party or its products or services. You are not granted any right or license to use the Trademarks of Ascent or others that appear on this Website, other than for authorized business purposes.

International Users:

The Website and SaaS are controlled, operated and administered by Ascent from our offices within the USA. If you access the Website or SaaS from a location outside the USA, you are solely responsible for compliance with all local laws.

General Terms:

These Terms of Use shall be governed by, and solely construed in accordance with, the laws of the state of Utah. The Parties hereto agree that any alternative dispute resolution or legal proceeding arising out of, or relating in any manner whatsoever to, this Agreement shall be brought in Utah County, Utah.  Each Party waives any objection, and irrevocably accepts and submits to the jurisdiction and venue.

Ascent’s provision of the Website and its other products and services is subject to existing laws and legal process, and nothing contained in these Terms of Use limits Ascent’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or your User Content.

If any provision of these Terms of Use is held by a court or other authority to be invalid or unenforceable, such provision shall modified to the minimum extent necessary or replaced with a valid provision that best embodies the intent of these Terms of Use, or if it cannot be so modified, then severed, and the rest of these Terms of Use shall remain in full force and effect.

Ascent’s failure to enforce or exercise any provision of these Terms of Use is not a waiver of that provision. Any course of conduct between you and Ascent will not be deemed to modify any provision of these Terms of Use. Except as otherwise stated at the beginning of these Terms of Use, these Terms of Use may be modified or amended only by a separate written agreement signed by an authorized official of Ascent.

You agree to receive all notices and communications from Ascent regarding the SaaS by electronic means, which include email and notices posted on the Website or in the portal to the SaaS. You agree that such electronic notices shall satisfy any legal requirement of written notification to you.

Ascent Contact Information:

You may send us notices, questions or comments regarding these Terms of Use at the following:

Ascent Software Group, LLC
2701 N Thanksgiving Way #100
Lehi, Utah 84003
support@ascentdesk.com