Terms of Service
Odyssey Labs Incorporated ("Ascend Motorcycles", "Ascend", "we", "us" or "our") owns and operates a website located at www.rideascend.com, (the “Website”, and collectively with any affiliated mobile application (“App”), the “Sites”). The Sites are intended to facilitate the provision of the “Services” to registered users. Ascend offers these Sites, including all information, tools and Services, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting or interacting with the Sites and/or purchasing something from us, you engage in the Services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Sites, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Sites, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of the Services.
Any new features or tools which are added to the Sites shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Any modifications will be posted on this or similar pages of the Sites, or, as applicable, e-mailed to the email address associated with your User Account or posted to your User Account, and shall be deemed effective as of their stated effective or modification date.
You must be at least 18 years of age to use the Sites. By using the Sites and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Sites, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Your Relationship with Ascend
Ascend does not provide medical services, including via the Sites and Services. Ascend provides a platform to facilitate a consultation between affiliated Providers and you. The Consent to Telehealth services is between you and the Providers. The health and wellness resources made available through our Services are not a substitute for direct, in-person health care services in all cases. You acknowledge and agree that Ascend does not provide medical advice, diagnosis, or treatment recommendations. You acknowledge and agree that the affiliated Providers are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of any medical services. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that throughout any communication or consultation with a Provider via the Services, you are not entering into a provider-patient relationship with Ascend.
By accepting these Terms, you agree and consent to Ascend, Ascend affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications which you agree are your sole responsibility to monitor. You acknowledge and agree that you will not hold Ascend or any Ascend affiliate liable for any loss, injury, or claim of any kind resulting from your failure to monitor, read, or interact with these communications or for your failure to comply with any recommendations contained in these communications.
The information presented on or through the Services is made available to you solely for general information purposes. We do not warrant or guarantee the accuracy, completeness or usefulness of the information. Any reliance you place on such information is strictly at your own risk. The Services may provide information about health and wellness and certain health conditions. However, Ascend and the Services do not provide any medical advice and should not be relied on as the basis for any clinical decision or action. The information available via the Services are not to be used for diagnosing or treating any health problem, illness, or disease. Medical advice should always be sought from a licensed, qualified medical practitioner. We disclaim all liability and responsibility arising from any reliance placed on such materials and information by you.
Rights / Permissions / Consents
Sites and App
Reservation of Rights
Nothing in this Agreement shall restrict or limit Level’s rights, titles or interests in or to the Site, the App, the User Materials or any elements or derivatives of the foregoing.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Ascend offers an unlimited, no questions asked refund policy if you’re not satisfied with the product. To request a refund, please contact us at firstname.lastname@example.org
Special Note on Users of Insurance
Please note that Ascend products are sold strictly on cash-pay basis, and no insurance payments will be processed or accepted. Please do not attempt to request reimbursement for Services through your insurance provider. You agree to pay the full cost directly for any products and services purchased with Ascend.
Ascend offers email based support for our users. Please reach out to email@example.com if you have any questions.
Express Consent. You hereby expressly consent to Ascend sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) via any electronic means or forms as Ascend deems appropriate in its sole discretion, whether through the Site, through the App, through your User Account, by personal communication, by email, by automatic telephone dialing system, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase or license of any Ascend products or services.
Email Opt-Out. You may opt-out of emails from Ascend by taking the appropriate action from within the email (e.g., unsubscribe link) or by emailing Ascend at firstname.lastname@example.org. You acknowledge that opting out of email from Ascend may affect your ability to interact with the Sites and Services and may result in your inability to succeed with the Products and Services you’ve purchased.
Text Message Opt-Out. You may opt-out of text messages (e.g., SMS, MMS) from Ascend by responding with your desire to opt-out to the text messages you receive or by emailing Ascend at email@example.com. You acknowledge that opting out of text messages from Ascend may affect your ability to interact with the Sites and Services and may result in your inability to succeed with the Products and Services you’ve purchased.
Other Opt-Outs. You may opt out of any other communications by emailing firstname.lastname@example.org with the specific communications you would not like to receive. You acknowledge that opting out of communications from Ascend may affect your ability to interact with the Sites and Services and may result in your inability to succeed with the Products and Services you’ve purchased.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Sites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Links to other websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Ascend, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Ascend and all parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Suspension / Termination of Service
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, or for any reason at our sole discretion, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Delaware.
You agree that Ascend may give or deliver all additional notices to you via a general notice posted here, on a similar page of the Sites, or by email to the email address connected to your registered User Account. Such general notices shall be deemed effective as of their stated effective dates.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
If as a result of the Services, you receive a prescription, or if you request to fulfill a prescription received independent of the Services, you may select [Level’s pharmacy - TruePill] or one of our partner pharmacies to ship your prescription. You hereby give us consent to provide to our partner pharmacies all information necessary to provide you pharmacy services including, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) provided by you.
Packaging and Fufillment Restrictions
If you select to use the Services and further select our partner pharmacies to fulfill any prescriptions provided by affiliated health care Providers through the Services, you hereby acknowledge that your products (including devices and medications), if approved, may not be shipped in child-resistant packaging and that you must keep all products out of the reach of children.
Digital Millennium Copyright Act
Ascend respects the intellectual property rights of others. We retain the right to remove any user content or any other material or information available on or through our Sites, at any time, for any reason. Upon reasonable notice we will remove any such content that violates copyright law and will terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law and the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers. If you believe your work has been copied in a way that constitutes copyright infringement, please send to the Ascend Dedicated Agent (listed below) a notification of claimed infringement with all of the following information:
- 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;
- identification of the claimed infringing material and information reasonably sufficient to permit Company to locate the material on the Properties;
- information reasonably sufficient to permit Ascend to contact you, such as an address, telephone number, and, if available, an e-mail address;
- 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;
- a signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.
Please send all of the information listed above to the following Ascend Designated Agent: email@example.com
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Last updated: April 11, 2022