TERMS OF SERVICE

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of our website, products, and services (“Services”). Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please refrain from using our website.

2. Eligibility

By using our Services, you represent and warrant that you are at least 18 years of age, or, if you are under 18, you have the consent of a parent or legal guardian. If you do not meet these requirements, you must not access or use our Services.

3. Account Registration

To access certain features of our Services, you may be required to create an account. When registering an account, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized use of your account or any breach of security.

4. Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, and software, are the property of Ascent Consumer Products or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as permitted under these Terms.

5. User-Generated Content

Our Services may allow you to submit, post, or share content, such as product reviews, comments, or other materials (“User-Generated Content”). By submitting User-Generated Content, you grant Ascent Consumer Products a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or control all rights to the User-Generated Content you submit and that the use of such content does not violate these Terms or the rights of any third party.

6. Prohibited Uses

You agree not to use our Services

a. In any way that violates any applicable federal, state, local, or international law or regulation.

b. To engage in any conduct that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.

c. To infringe upon or violate the intellectual property rights or other rights of others.

d. To impersonate or attempt to impersonate any person or entity.

e. To transmit or procure the sending of any advertising or promotional material without our prior written consent.

7. Purchases and Payments

By placing an order through our Services, you represent and warrant that you are authorized to use the payment method provided and that you authorize us to charge your payment method for the total amount of your order (including any applicable taxes and shipping fees). If we are unable to process your payment, we may cancel your order. All prices displayed on our Services are subject to change without notice, and we reserve the right to correct any pricing errors that may occur.

8. Returns and Refunds

Please refer to our Refund & Return Policy for information on how to return or exchange items purchased from Ascent Consumer Products.

9. Disclaimers and Limitations of Liability

Our Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Ascent Consumer Products does not warrant that our Services will be uninterrupted, secure, or error-free, or that defects will be corrected.

To the fullest extent permitted by law, in no event shall Ascent Consumer Products, its affiliates, licensors, or service providers, be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, loss of data, or other damages arising out of or in connection with your use of, or inability to use, our Services, even if advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations and exclusions may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Ascent Consumer Products, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of our Services, including but not limited to any User-Generated Content you submit or any use of the Services’ content, products, and services other than as expressly authorized in these Terms.

11. Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to these Terms or your use of our Services shall be governed by and construed in accordance with the laws of the United States and the State of New York, without regard to its conflict of law provisions.

12. Changes to These Terms

We reserve the right to update or modify these Terms at any time and for any reason, without prior notice. Any changes to these Terms will be posted on this page. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.

13. Termination

We may terminate or suspend your access to our Services, without prior notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination, all provisions of these Terms shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Contact Us

If you have any questions about these Terms or our Services, please do not hesitate to contact us at cs@ascentconsumerproducts.com or 888-547-5492.

Last Updated: August 1, 2023