These Ascent Services Terms of Use (“Terms of Use”) apply to the web sites, mobile apps, applications, and other online interactive features or services that post a link to these Terms of Use, including without limitation the Ascent Funding mobile application, Ascent Student Success, and Bootcamp Finder (each, a “Service” and collectively, the “Services”). Ascent Funding, LLC, its affiliates, subsidiaries, partner banks, and programs are referred to collectively in these Terms of Use as “Ascent, “we” or “our.” Partner banks include Bank of Lake Mills and Richland State Bank, both members FDIC. “You,” “your” and “user” refer to any person or entity using the Services.
These Terms of Use govern your use of the Services, regardless of how you access them, whether by computer, mobile device, or otherwise; and whether directly through our Services, or through any third-party website that links to them (“Linked Services”). By using the Services, you agree to these Terms of Use, Ascent’s Privacy Policy, and any Additional Terms that may apply. If you do not agree to the Terms of Use and Additional Terms, you are not authorized to use the Services, and you must cease all such use immediately.
In some instances, both these Terms of Use and a separate document that provides additional conditions may apply to a service or product offered via the Services (“Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Account Registration & Termination
You may only have one Ascent account for use of the Services. You may not create or use more than one account, and you may not share your account or any of the Services with others. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree to notify Ascent immediately if you suspect any unauthorized use of your account or unauthorized access using your password. Ascent has the right to terminate your account for any reason at its sole discretion without notice and without liability.
Your License to Use the Services and Ascent Content
You agree that you will not use any robot, spider, automatic, or manual device to monitor or copy the Services or Ascent Content. You will not interfere or use any device, software, or process to interfere (or attempt to interfere) with the proper working of the Services. You agree that when using the Services, you will not misrepresent your identity or impersonate any other person. Your use of the Services is limited to the intended function of the Services. Unauthorized use of the Services and systems, including but not limited to unauthorized entry into any of our systems or misuse of any Ascent Content posted on the Services, is strictly prohibited. No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Ascent’s prior written permission or as expressly provided in these Terms of Use.
You are prohibited from using the Services in any manner that:
- Constitutes a commercial use other than for your own use;
- Accesses data that is not intended for you;
- Attempts to harvest, collect, gather, or assemble information or data;
- Invades the privacy of, obtain the identity of, or obtain any personal information about any other user of the Services;
- Probes, scans, or tests the vulnerability of the Services, our network, our security, or authentication measures without proper authorization;
- Attempts to interfere with service to any user, host, or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
- Sends unsolicited mail, including promotions and/or advertising of products and services;
- Is unlawful, fraudulent, or deceptive;
- Communicates any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- Violates these Terms of Use or any other policies or agreements that you enter into with us;
- Fails to comply with applicable third-party terms; or
- Constitutes any other inappropriate conduct, as determined by us in our sole discretion.
If you violate any provision of these Terms of Use, we reserve the right to terminate your access to the Services. Additionally, we, in our sole discretion, may suspend or terminate any user account that you have established with us at any time, with or without notice. We may at any time, with or without cause, and without prior notice to you deny you access to the Services.
Mobile Use
The Services may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to apply for a consumer loan or private education loan, request that payments be made on your accounts through your loan servicer, or access other features from the Services (collectively, the “Mobile Features”).
By downloading loan applications to your mobile phone, you agree to opt-in to receiving messages or notices sent via email or to your mobile device from us.
Email and Text Message Notifications
Notifications or receipts from us will be delivered to you by email at the email address you provided to us when you created your account or as later updated or by text message (with your consent) at the phone number you provided to us when you created your account or as later updated. Messaging and data rates may apply. We will not ask you for your personal information, account username, and password, or any of your credit or debit card information via email or text message. We will have no responsibility for any misuse of such information if you provide such information via email or text. For more information, please read Additional Terms – Ascent Student Success Program.
Age and Residence Requirements; U.S. Jurisdiction
Subject to individual state law, the Services are available to individuals aged 18 and over. We reserve the right to limit the availability of the Services and/or the provision of any content, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Proprietary Rights
The Services are owned and operated by Ascent or Ascent’s third-party partners. Unless otherwise explicitly specified by Ascent, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic information, icons, and book cover images, as well as the selection, assembly and arrangement thereof and the “look and feel” of the Services (collectively, “Ascent Content”), are owned, controlled, or licensed by Ascent or Ascent’s third party partners. Ascent Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Any unauthorized use of Ascent Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
Service Modifications
Ascent reserves the right, in its sole discretion, to make changes to or discontinue any of the Services at any time without notice.
Third-Party Links, Content and Applications
There may be links in or from the Services, or in communications you receive from the Services to third-party web sites or online features. The Services also may include third-party content that we do not control, maintain or endorse. We do not control any of these third-party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites or online features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ASCENT AND ITS SUBSIDIARIES, PARTNER BANKS, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES OR VENDORS (COLLECTIVELY THE “ASCENT PARTIES”) SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE SERVICES; AND/OR (B) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ASCENT OR VIA THE SERVICES. PARTNER BANKS INCLUDE BOTH BANK OF LAKE MILLS AND RICHLAND STATE BANK, MEMBERS FDIC. IN ADDITION, THE ASCENT PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORILY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
WITHOUT LIMITING THE FOREGOING, THE ASCENT PARTIES SPECIFICALLY DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER, NETWORK, OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASCENT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICES, OR REGARDING THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULLNESS OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON BY THE SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE ASCENT PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ASCENT PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
Limitations of Liability; Waiver
IN NO EVENT SHALL THE ASCENT PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ASCENT PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE SERVICES’S TECHNICAL OPERATION; OR (F) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ASCENT PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE ASCENT PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE, OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH ASCENT.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF THE ASCENT PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER ASCENT CONTENT OWNED OR CONTROLLED BY THE ASCENT PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER ASCENT CONTENT OWNED OR CONTROLLED BY THE ASCENT PARTIES.
Indemnity
You agree to defend, indemnify, and hold harmless the Ascent Parties from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or directly or indirectly relating to (a) your use of the Services or activities in connection with the Services; (b) your breach or anticipatory breach of these Terms of Use; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; (d) any misrepresentation made by you; or (e) the Ascent Parties’ use of your information as permitted under these Terms of Use, the Privacy Policy, or any other written agreement between you and Ascent. You will cooperate as fully required by the Ascent Parties in the defense of any claim. The Ascent Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Ascent Parties. These indemnity obligations shall survive any expiration or termination of your relationship with Ascent.
Legal Disputes
If a dispute arises between you and Ascent, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of the Terms of Use or the Services or your use of the Services (a “Claim”) in accordance with the subsections below.
Arbitration
Except as expressly provided below, you agree that any claim, dispute or controversy arising out of or that is related to the Services, your use of the Services, breach of this Terms of Use or any other related agreement, whether based on statute, contract, tort or any other legal theory (any “Claim”) shall be, at our or your election, submitted to and resolved on an individual basis by binding arbitration under the Federal Arbitration Act, 9 U.S.C. §§1 et seq. (the “FAA”) before the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules, in effect at the time the arbitration is brought, or before any other party that you and we agree to in writing, provided that such party must not have in place a formal or informal policy that is inconsistent and purports to override the terms of this Arbitration Agreement. The AAA Rules are available online at www.adr.org.
EFFECT OF ARBITRATION AWARD: Any state or federal court with jurisdiction and venue may enter an order enforcing this Arbitration Agreement, enter judgment upon the arbitrator’s award and/or take any action authorized under the FAA. For any arbitration-related proceedings in which courts are authorized to take action under the FAA, each party expressly consents to the non-exclusive jurisdiction of any state court of general jurisdiction or any state court of equity that is reasonably convenient to me, provided that the parties to any such judicial proceeding shall have the right to initiate such proceeding in a federal court or remove the proceeding to federal court if authorized to do so under applicable federal law.
IMPORTANT WAIVERS: WHETHER OR NOT A PARTY CHOOSES ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL, TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES, OR OTHERWISE TO LITIGATE THE DISPUTE OR CLAIM IN ANY COURT (OTHER THAN IN AN ACTION TO ENFORCE THE ARBITRATOR’S AWARD). FURTHER, WHETHER OR NOT A PARTY CHOOSES ARBITRATION, NO PARTY WILL HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT PARTIES WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS BASIS, AND CLAIMS BROUGHT BY OR AGAINST ME MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON. If you reside in the U.S., any arbitration hearing shall take place within the federal judicial district in which you reside. Each party will bear the expense of its own attorneys, experts and witnesses, regardless of which party prevails, unless applicable law gives a right to recover any of those fees from the other party. If the claim is for $10,000 or less, parties agree that counterparty may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. All fees and expenses of the arbitrator and administrative fees and expenses of the arbitration shall be paid by the parties as provided by the Consumer Arbitration Rules of the AAA, or by specific ruling by the arbitrator, or by agreement of the parties. The arbitrator shall have the authority to award in favor of the individual party seeking relief all remedies permitted by applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (subject to constitutional limits that would apply in court), and attorneys’ fees and costs. In addition, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted in that party’s individual claim. Upon the timely request of either party, the arbitrator shall write a brief explanation of the basis of his or her award. If the arbitrator determines that any claim or defense is frivolous or wrongfully intended to oppress the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party (including arbitration administration fees, arbitrator’s fees, and attorney, expert and witness fees), to the extent such fees and expenses could be imposed under Rule 11 of the Federal Rules of Civil Procedure.
Changes to Terms of Use
Ascent may modify the Terms of Use including the linked policies contained herein from time to time, without prior notice. By using our Services after we have updated the terms (or engaging in such other conduct as we may reasonably specify), you agree to be bound by the then-current version of the Terms of Use, including any changes we may have made since the last time you used our Services. It is therefore important that you review the Terms of Use regularly to ensure you are aware of any such changes. The updated Terms of Use will be effective as of the time of posting (include current version effective date), or such later date as may be specified in the updated Terms of Use and will apply to your use of the Services from that point forward.
Entire Agreement
The then-current Ascent Terms of Use, including (a) any related policies and terms referenced in the Terms of Use and (b) any Additional Terms, are the entire agreement between you and Ascent regarding the Services. This “Entire Agreement” section shall survive any expiration or termination of your relationship with Ascent.
Contacting Ascent
If you have any questions or concerns regarding the Ascent Services, please write to us at [email protected].
Effective Date: November 11th, 2022
