TERMS AND CONDITIONS

These Terms and Conditions (the “Terms and Conditions” or “Agreement”) are a legally binding agreement between you and Ascend, LLC, and its subsidiaries, affiliates, and representatives (collectively, referred to as the “Company”). These Terms and Conditions govern your access to, and use of, the Ascend Load Board App application (the “App”).


By downloading, using or accessing this App, you are acknowledging and accepting these Terms and Conditions and Company’s Privacy Policy. If you do not agree to these Terms and Conditions, you must immediately stop use and disconnect any access to the App.


Company’s Terms and Conditions are subject to change at any time, without any notice. Your continued use of the App after any such modifications shall constitute your acceptance of these Terms and Conditions as modified.


1. ACKNOWLEDGEMENT AND ACCEPTANCE OF PRIVACY POLICY

  1. Your use of, and access to, this App is contingent on your acknowledgement and acceptance of Company’s Privacy Policy, located here: https://www.ascend.net/.  By accessing this App, you are acknowledging and accepting Company’s Privacy Policy.
  2. You acknowledge and agree that Company may collect, process, use, and transfer certain data or information from or about you as more fully detailed in Company’s Privacy Policy.


2. INTELLECTUAL PROPERTY

  1. All content, software, materials, data, information, and other material on or otherwise associated with the App is the intellectual property of Company, or another third party, and is protected by copyright, trademark, trade secret, service marks, patents, or other intellectual property law. Except as expressly authorized by our company, you agree not to sell, license, rent, modify, distribute, copy, publicly display, reproduce, transmit, publicly perform, publish, edit, or create derivative works from such materials or content. 

3. OBLIGATIONS AND LIMITATIONS ON YOUR USE OF THE APP; COMPLIANCE WITH LAWS

  1. You agree to comply in all material respects with all laws, statutes, ordinances, and regulations applicable to your use of the App. As part of that agreement to comply with applicable laws, you further agree to not use the App, or any contents on the App, to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the App or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the App, other computer systems or networks connected to or used together with the App, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the App; (vii) introduce software or automated agents or scripts to the App so as to generate automated searches, requests and queries, or to strip, scrape, or mine data from the App; or (viii) use the App in an illegal manner, or in a manner that you know, or should know, is against the accepted use of the App.
  2. You further agree that you shall not use the App to collect, upload, transmit, display, or distribute any information, data, and other content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (iii) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
  3. You shall not: (i) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App; (ii) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App; (iii) access the App in order to build a similar or competitive application or website, service, application, or other similar web experience; (iv) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit in any format or by any means an part of the App.
  4. You must register an e-mail address and your phone number to access and use the App. For security purposes, you are required to maintain access to your e-mail address and phone number. You are solely responsible for maintaining the confidentiality and security of e-mail address and phone number. Sharing login credentials with any third party is strictly prohibited. The user acknowledges that Company shall not be responsible for any unauthorized access, data breaches, or damages resulting from your failure to secure login credentials.
  5. The App must not be accessed, interacted with, or viewed while operating any vehicle, whether a commercial motor vehicle or a personal vehicle.
  6. You are expressly prohibited from tampering with, disabling, overriding, or otherwise altering any safety features, restrictions, or compliance mechanisms within the App.
  7. You acknowledge that when operating a commercial motor vehicle, you are subject to the U.S. Department of Transportation (DOT) Federal Motor Carrier Safety Administration (FMCSA) regulations governing mobile device use. You agree to adhere to all applicable federal, state, and local laws, ordinances, and regulations regarding mobile device usage.
  8. You accept full responsibility for any citations, fines, penalties, or legal consequences resulting from improper mobile device use while operating a vehicle. Company shall not be held liable for any legal infractions or associated costs.
  9. Company has the right, but not the obligation, to monitor this App for any conduct that violates Company’s Use Policy as stated in this Section 3, or any other provision of the Terms and Conditions, and to take all appropriate actions in response, without notice to you.
  10. Company reserves the right to suspend, remove, or delete your account without any written notice.
  11. You agree that your access to the App is a limited privilege, and Company has the absolute and unconditioned right to suspend, remove, or delete your account or your access at any time, without notice, for any reason or no reason at all, and without incurring liability.
  12. Company reserves the right to change or supplement our Agreement or policies regarding acceptable and prohibited uses at any time and without notice.


4. SUBMISSIONS AND FEEDBACK

  1. Any feedback, ideas, suggestions, improvements, criticism, thoughts, or other information that you provide to Company, whether directly or indirectly, orally or in writing, regarding Company, Company’s App, or Company’s services are the property of Company and shall be owned by Company without any limitation.
  2. Company is able, at its sole discretion and without limitation, to include such ideas in future services or in future versions of the App without compensation or credit to you. You hereby grant Company a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any feedback, ideas, suggestions, improvements, criticism, thoughts, or other information that you provide to Company. 


5. THIRD-PARTY CONTENT; HYPERLINKS TO EXTERNAL WEBSITES; COOKIES

  1. The App may host, provide, or otherwise make accessible hyperlinks to third party websites which may include third party services or advertisements. The App may also have automated analytics services or cookies which may be used by or are otherwise provided by third parties. To the extent that this App provides such hyperlinks or other automated services including cookies to or on behalf of third parties, such third party content is not under the control of Company and Company is not responsible or liable for such content.
  2. You acknowledge and agree that Company is not responsible for the accuracy, copyright or intellectual property right compliance, legality, decency, or any other aspect of the content of such Apps. The App’s hosting or provision of a hyperlink, cookie, or service does not imply endorsement of the other App by or any association with its operators. When you access third-party content, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. 


6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; RELEASE

  1. COMPANY’S DISCLAIMER OF WARRANTIES: THIS APP IS PROVIDED “AS-IS” AND “AS AVAILABLE” FOR YOUR USE. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR CORRECTNESS OF CONTENT ON THIS APP, THAT DEFECTS OR ERRORS ON THIS APP WILL BE CORRECTED, OR THAT CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. YOU USE THIS APP SOLELY AT YOUR OWN RISK. COMPANY RESERVES THE RIGHT, AT ANY TIME, TO MODIFY, SUSPEND, OR DISCONTINUE THE APP OR ANY PART THEREOF WITH OR WITHOUT NOTICE. YOU AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE APP OR ANY PART THEREOF.
  2. YOUR RELEASE OF COMPANY FROM LIABILITY:YOU HEREBY WAIVE AND RELEASE COMPANY (AND COMPANY’S SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE ARISING FROM YOUR USE OF THE APP, OR IN ANY WAY RELATED TO OTHER USERS OR THIRD PARTIES.
  3. COMPANY’S LIMITATION OF LIABILITY AND LIMITATION OF CONSEQUENTIAL DAMAGES:IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR BUSINESS INTERRUPTION, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THIS APP (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) SHALL IN NO EVENT EXCEED THE AMOUNT OF $250.


7. INDEMNIFICATION

  1. AS CONSIDERATION FOR ACCESS TO THE APP, YOU AGREE THAT YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY (AND COMPANY’S OFFICER, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, FINES, JUDGMENTS, PENALTIES AND AMOUNTS (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING FROM OR RELATED TO: (i) YOUR USE OF THE APP; OR (ii) BREACH OF THESE TERMS AND CONDITIONS.


8. SEVERABILITY AND INTEGRATION

  1. This agreement constitutes the entire agreement between you and Company with respect to this App and supersedes all prior or contemporaneous communications between you and Company, but solely with respect to this App. In the event of inconsistency or discrepancy between these Terms and Conditions and any other agreement you have entered into with Company, the other agreement shall prevail and govern.
  2. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.


9. GOVERNING LAW AND JURISDICTION

  1. These Terms and Conditions shall be deemed to have been drawn in accordance with and will be governed by the laws of the State of Tennessee, without regard to the choice-of-law rules of that or any other jurisdiction. In the event of any disagreement or dispute arising from or in connection with these Terms and Conditions, such disagreements or disputes shall be brought exclusively in the state court of proper jurisdiction in the state or federal courts serving Nashville, TN. The parties hereby agree to the exclusive jurisdiction such courts and waive any defenses to venue in or personal jurisdiction of such courts. Notwithstanding the foregoing, the parties may mutually agree in writing to submit any such disagreement or dispute to binding arbitration.


10. ACKNOWLEDGEMENT

  1. BY ACCESSING OR USING THE APP, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.


11. APPLE APP STORE REQUIREMENTS


The following requirements or terms apply to the App if it is accessed through or downloaded from the Apple App Store:

  1. Acknowledgement: You acknowledge that the Agreement is concluded between you and Company, and not with Apple. Your use of the App must comply with the Apple Media Services Terms and Conditions as of the Effective Date.
  2. Scope of License: The limited license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
  3. Maintenance and Support: You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Company has no obligation to furnish any maintenance or support services for the App but may update, enhance, or otherwise change the App at any time at its sole discretion without any notice to you.
  4. Warranty: To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility solely to the extent that any warranty applies.
  5. Product Claims: Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks.
  6. Intellectual Property Rights: In the event of any third-party claim that the App or your possession and use of the App infringes on a third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent that such alleged infringement is not caused by you.
  7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Name and Address: For any questions, complaints or claims with respect to the App should be directed, they should be directed to Company at the contact information stated in Section 12 of the Agreement.
  9. Third Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using the App.
  10. Third Party Beneficiary: Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.


12. NOTICE AND CONTACT INFORMATION


If you need to contact COMPANY, please use one of the following methods of contact: 


If you do not use one of these methods of contact, any notice will be ineffective and invalid as to COMPANY.


These Terms and Conditions were last modified on April 5th, 2025. 



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