PLEASE READ THIS AGREEMENT CAREFULLY. TO COMPLETE YOUR ORDER FOR ASCENSION INTERACTIVE MINISTRIES DESIGN PRODUCTS/SERVICES, YOU MUST FIRST ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BY ELECTRONICALLY CHECKING THE BOX MARKED “I ACCEPT THESE TERMS AND CONDITIONS.” IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE NOW.

As part of our commitment to high-quality service, we believe it is important to have a clear understanding with you regarding our respective obligations. These Terms and Conditions constitute the agreement between you, the Client (referred to as “Client” or “you”), and Ascension Interactive Ministries, a division of Ascension Interactive Inc., a Wisconsin corporation (referred to as “Ascension Interactive Ministries”, “us” or “we”).

By creating an account with Ascension Interactive Ministries and thereby becoming a Client, you agree to be legally bound by these Terms and Conditions as well as any other policies or procedures disclosed on the Ascension Interactive Ministries Website without modification, including the Ascension Interactive Ministries Privacy Policy. Ascension Interactive Ministries reserves the right to modify these Terms and Conditions at any time without notice to you, in our sole discretion. You acknowledge and agree that it is your responsibility to review this site regularly to review the Terms and Conditions that are binding on you.

You must be and represent and warrant that you are at least 18 years of age. Ascension Interactive Ministries does not direct its product and service offerings to persons under the age of 18.

Any reference made in these Terms and Conditions to products and services provided by Ascension Interactive Ministries shall include, but not be limited to, designs, logos, graphics, Websites, stationery designs, brochure designs, business cards, letterhead, envelopes, brochures, marketing materials, advertising and printing as well as any other products or services now or in the future offered by Ascension Interactive Ministries.

Registration Data, Client Information and Privacy
In order to register for and access the services and products on this site, you will provide certain information and data and update the same periodically. This will include, but not be limited to, registering as a Client, placing an order for a Ascension Interactive Ministries product or service, making revisions to ongoing designs or submitting graphics, designs, photos or text, or otherwise providing Ascension Interactive Ministries with information that enables us to initiate, continue or complete work on the products and services you order. Client will obtain all necessary releases, licenses, permits or other authorization to use photographs, copyrighted materials, artwork or any other property or rights belonging to third parties that are contained in any materials provided by Client to Ascension Interactive Ministries for Ascension Interactive Ministries’ use in performing services for Client, and Client will be responsible for any claims with respect to such use. In all cases, Client is responsible for reviewing and approving all products and services prepared by Ascension Interactive Ministries for Client. By providing such information and data, you agree and represent that all such information and data is true and accurate and update the same as needed in order to keep it current, complete and accurate. You also grant us the right to disclose to third parties certain data about you, as stated in our Privacy Policy. Ascension Interactive Ministries assumes no responsibility for any errors, omissions or inaccuracies in the products or services provided that stem from such inaccurate or incomplete information and is under no obligation to correct such errors, omissions or inaccuracies beyond the predefined revision process or after a product or service has been delivered.

The information we obtain through your use of this site is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms and Conditions.

Electronic Communications
You are communicating electronically with Ascension Interactive Ministries when you visit the Ascension Interactive Ministries Website, provide information by means of the Ascension Interactive Ministries Website or send e-mail to us. By becoming a Client of Ascension Interactive Ministries, you consent to receive communications from us electronically. We will communicate with you by e-mail and by posting information or notices via the Ascension Interactive Ministries Website. You agree that all agreements, notices, disclosures and other communications that Ascension Interactive Ministries provides to you electronically satisfy any legal requirement that such communications be in writing.

Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right for any reason and at any time without notice after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged or payment has otherwise been received by us. We further reserve the right after acceptance of your order to cancel, terminate, or otherwise cease work on your order for any reason and at any time without notice, whether or not your credit card has been charged or if payment has otherwise been received by us. If your credit card has been charged and/or we have otherwise received your payment and we cancel your order for any reason other than your breach or non-performance under these Terms and Conditions, you will receive a refund/credit to your account. You acknowledge and agree that we shall not be liable to you or any third party for any cancellation, termination or other limitation on your order.

Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed to by us in writing, we must receive your payment by credit card, check or money order prior to our acceptance of an order.

We accept Visa, MasterCard and American Express credit cards for all purchases. With respect to credit cards, checks or money orders, you represent and warrant that (i) the information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company or financial institution, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

We also accept personal and/or business/church checks and money orders for all purchases. You represent and warrant that (i) any checking account information you supply to us it true, correct and complete, (ii) charges incurred by you will be honored by your bank and/or the institution issuing the money order, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes.

All payments must be in United States dollars. Current billing address and phone information must be included with every order. Ascension Interactive Ministries reserves the right to impose additional fees on Clients for any work that extends beyond the scope of the requested products and services. Any refusal of payment for credit card purchases, all returned checks or money orders, or failure to make any payment when due will be subject to an additional fee of $30.00 U.S.. In addition, Client can be assessed an additional charge beyond the original purchase price of a product or service if any information provided, including logos, graphics, photos and electronic files, is deemed unusable by Ascension Interactive Ministries and must be modified, updated or converted to a usable format. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid. You acknowledge and agree we have the right to file any documentation necessary or advisable to perfect such security interest. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.

All pricing for the products and services available on our site is subject to change at our sole discretion without notice. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, supplier price changes, errors in advertisements and other extenuating circumstances. We will not, however, change prices for orders that we have accepted and are in progress at the time of change.

Creative Direction
Ascension Interactive Ministries makes commercially reasonable efforts to adhere to the stylistic and content direction provided by the Client during the ordering process. However, if the Client’s feedback for the first round of designs or for any subsequent round significantly departs (as deemed by Ascension Interactive Ministries) from the direction initially provided, Ascension Interactive Ministries reserves the right to assess an additional fee to complete said designs and to withhold final delivery of such designs until all outstanding balances are paid.

Design Revisions
For Ascension Interactive Ministries products and services that include revisions as part of the package, the Client is provided an opportunity to review initial designs for products and services and to provide feedback on changes to these designs only. The number of revisions a Client can make for a particular product or service depends on the number stated during the ordering process for that product or service. The Client is encouraged to provide all necessary feedback within the allotted number of revisions, as Ascension Interactive Ministries is under no obligation to make revisions beyond the number allotted for the specific product or service purchased. However, if the Client desires additional revisions in excess of the original amount allotted, Ascension Interactive Ministries will make such revisions upon payment of an additional fee.

Client will be notified by e-mail when their initial designs are ready for review and will be instructed on where to view these designs and provide feedback. Upon this notification, the Client has 30 calendar days in which to review the initial designs and provide feedback. Failure to review designs and submit feedback within this 30-day period constitutes the Client’s final acceptance of said designs and completion of the product or service, at which point Ascension Interactive Ministries will deliver your products and our services pursuant to our Shipping and Delivery Policy provided below and we will have no further obligations to the Client. Upon notification by e-mail that your designs are final, Ascension Interactive Ministries will deliver your products and our services to you pursuant to our Shipping and Delivery Policy provided below and we will have no further obligation to you, unless within 3 days of such notice you specifically order, and we specifically accept, additional products and/or services to be provided by us.

Shipping and Delivery Policy
We deliver your final product(s) and/or services by a variety of shipping options. In many instances we will deliver your final product(s) and/or services in electronic form by posting it on your Web host FTP site or by delivering it to you electronically via e-mail. In the event we ship your final product(s) and/or services in tangible form (such as computer disks, compact discs or printed materials), we use various carriers with various delivery options. Please check the individual product page for specific delivery options. All shipping prices are quoted in United States dollars.

Shipping time frames may or may not be listed on the individual product page and may vary from item to item. Any posted shipping time frame is contingent upon confirmation of payment, our acceptance and processing of your order and may be delayed should we experience difficulties in confirming our receipt of your payment or otherwise processing your order.

Service and Support
All requests for technical service and support with respect to the products and services available through our site should be made directly to Ascension Interactive Ministries in accordance with these Terms and Conditions and may be subject to an additional charge as determined by Ascension Interactive Ministries on receipt of such request. All such requests as well as questions or concerns should be made by e-mail to info@myascension.com or by mail to Ascension Interactive Ministries, 3708 N. 54 Blvd. Milwaukee, WI 53216; Attention: Customer Support. We will work to help you in the spirit of good faith; however, we cannot guarantee that every problem will be resolved precisely to your satisfaction.

Content and Operation of Ascension Interactive Ministries Website
All content on the Ascension Interactive Ministries website, which includes text, site design, processes, graphics, website screens, images, logos, pictures, icons, code and data compilations as well as the organization and layout of this matter, is owned or used by permission by the owner by Ascension Interactive Ministries and constitutes the property of Ascension Interactive Ministries including the intellectual property of Ascension Interactive Ministries and as applicable is protected by applicable United States and international intellectual property and copyright laws. You shall not use or permit any third party to use Ascension Interactive Ministries property, the content of the site or the name, trademarks or trade names of Ascension Interactive Ministries, including “Ascension Interactive Ministries”, “AIM”, or “myascension.com/aim” without the prior express written consent of Ascension Interactive Ministries.

In regard to the content of the Ascension Interactive Ministries website and in other Ascension Interactive Ministries electronic communications, Ascension Interactive Ministries will work to be as accurate as possible, in the spirit of good faith. However, Ascension Interactive Ministries does not guarantee that the product and service descriptions, prices, processes or any other content of the Ascension Interactive Ministries website or of any other Ascension Interactive Ministries electronic communication is 100% accurate, complete, current or free of errors.

Although Ascension Interactive Ministries intends to use commercially reasonable efforts to make the Ascension Interactive Ministries website accessible, Ascension Interactive Ministries shall not be responsible for any delays or interruptions of the Ascension Interactive Ministries website and does not warrant or make any representations that the website will be available at all times or at any time. Ascension Interactive Ministries is not responsible for any losses or damages that may result from such delays, interruptions or loss of access.

Site License and Site Access
Any use of the Ascension Interactive Ministries website is at your sole risk and responsibility. Ascension Interactive Ministries grants you a limited non-exclusive license to access this site for the sole purpose of evaluating and/or purchasing products and/or services from Ascension Interactive Ministries. You may not download any part of this site (other than page catching) or alter it in any way. Your limited non-exclusive license does not include any commercial use of this site or its contents; any collection and use of any product and service listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or exploited for any commercial purpose or otherwise to the competitive disadvantage of Ascension Interactive Ministries without the express written permission of Ascension Interactive Ministries. You may not engage in or permit the decompilation, disassembly or other reverse engineering of this site or any products or services provided on this site.

Account Access
In becoming a Client, you may be required to provide Ascension Interactive Ministries with a username and password with which to access your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept complete responsibility for all activities that occur under your account or password.

Client Identity
Ascension Interactive Ministries cannot and will not confirm that any Client is who they claim to be or that any Client has the rights or qualifications they claim to have. As such, you represent and warrant that you are the owner or have the exclusive right to use any and all proprietary information you provide to Ascension Interactive Ministries, including without limitation any trade names, trademarks, copyrights, graphics, photos, logos, designs, text and other associated materials.

Ownership, Proprietary Rights and License for Products and Services
For all non-website products/services: Once the Client has reviewed the final design of a non-website product or service and has accepted it as provided in this agreement, and Ascension Interactive Ministries has been paid in full for the product or service plus any outstanding balances, the final non-website product or service, which may include electronic files and/or printed items, becomes the property the Client and will be delivered to the Client as provided in this agreement.

For all website products and services: Ascension Interactive Ministries maintains ownership of all websites and templates used in the design and display of any website product or service. In such cases, Ascension Interactive Ministries grants the Client a limited non-exclusive license to use such websites and to display such templates as a component of the website product or service developed for the Client. This limited non-exclusive license does not include the right to sell, exchange in barter or otherwise distribute any Ascension Interactive Ministries-owned website or website template; the right to use any template for commercial means; or the right to use any template in the creation of an additional website or sites.

For any and all products and services, any materials or designs prepared for or submitted to the Client, but not adopted by, delivered to or paid for by the Client, will remain the property of Ascension Interactive Ministries (regardless of whether the physical embodiment of creative work is in Client’s possession in the form of copy, artwork, printouts, electronic files, etc.) and the Client shall have no right in or to such materials or designs.

Any products or services in which Client obtains an ownership interest as provided above, Ascension Interactive Ministries retains and reserves a perpetual, royalty-free license to use any and all products and services developed by Ascension Interactive Ministries on behalf of the Client for display and self-promotional purposes.

Ascension Interactive Ministries makes no representation or warranty that it has the exclusive right, title and interest in and to the products and services provided to Client or that such products and services do not and will not infringe on the intellectual property or proprietary rights of any third party. As such, the Client is encouraged to perform their own independent searches in regard to the propriety or intellectual property rights of said products and services.

Client acknowledges that Ascension Interactive Ministries shall have no responsibility or obligation of any kind to seek or secure intellectual property protection for the products and services to be delivered under this agreement. Furthermore, Ascension Interactive Ministries makes no representation or warranty as to your ability to legally use such products and services or to obtain trademark, copyright or similar protection of such products and services in the United States or any other jurisdiction.

Refunds
The only products or services offered by Ascension Interactive Ministries for which a Client may request a refund are logo designs; for all other products and services, including but not limited to websites, print and multimedia materials, as well as any printed materials, Ascension Interactive Ministries does not offer a refund option.

If a Client is not satisfied that Ascension Interactive Ministries has created initial logo concepts/designs that follow the guidelines the Client provided in the Logo Design Information form, the Client may request a refund of their logo design payment less a processing fee. Ascension Interactive Ministries will make the determination if the initial logo concepts/designs did or did not follow the spirit of the guidelines in the Logo Design Information form, and it is the sole discretion of Ascension Interactive Ministries to refund or not refund any monies based on our assessment. Once a Client reviews initial logo concepts/designs and provides any feedback for revisions or adopts a concept or design as the final product or service, the Client shall have no right to any refund.

To request a refund as provided above, the Client must contact Ascension Interactive Ministries via e-mail or telephone, request, complete and submit a logo refund form and return it within 30 days of our submission of the initial (first round) logo concepts. Upon completion and submission of a logo refund form within 30 days of the submission of the initial (first round) logo concepts and subsequent approval of the request by Ascension Interactive Ministries, the Client will be refunded their original logo design payment less a twenty-five dollar ($25 U.S.) processing fee. If Ascension Interactive Ministries does not receive a completed request for refund form within this 30-day period, the Client shall have no right to any refund.

Any Client who receives a refund acknowledges that he/she has no right or permission to use and no ownership in any logo concept or design developed on his/her behalf by Ascension Interactive Ministries. Refunds are available only to the individual Client who submitted the original logo design order. Refunds are not available to advertising agencies, graphic designers or graphic design firms, or parties who have placed an order on behalf of another entity.

Disclaimer of Warranties; Limitations of Remedies and Liability
CLIENT ACKNOWLEDGES AND AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND SERVICES OFFERED AND SOLD BY OR THROUGH ASCENSION INTERACTIVE MINISTRIES AND ANY INFORMATION OR MATERIALS MADE AVAILABLE BY ASCENSION INTERACTIVE MINISTRIES ON THIS WEBSITE OR OTHERWISE ARE PROVIDED TO YOU AT YOUR SOLE RISK “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH ALL FAULTS. WE FURTHER DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTY OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER WE WERE ADVISED OF OR HAVE REASON TO KNOW OF YOUR PARTICULAR NEEDS; THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES AVAILABLE ON THIS SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THAT THE QUALITY ON ANY PRODUCTS OR SERVICES ON THIS SITE WILL MEET YOUR EXPECTATIONS. NO EMPLOYEE, AGENT, DEALER, OR DISTRIBUTOR OF OURS IS AUTHORIZED TO MODIFY THIS AGREEMENT, NOR TO MAKE ANY WARRANTIES. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY SUCH IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS AFTER OUR DELIVERY OF THE PRODUCT OR SERVICE.

IN NO EVENT SHALL ASCENSION INTERACTIVE MINISTRIES BE LIABLE TO CLIENT OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST REVENUES, LOSS OF PROFITS OR OTHER COMMERCIAL OR ECONOMIC LOSS, DIRECTLY OR INDIRECTLY, ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, OUR NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM.

Your exclusive remedy and our entire liability (and the liability of any of the providers of products and services available on our site) to you in the event of any breach of our obligations to you or any third party under this Agreement or for any other cause whatsoever, TO THE EXCLUSION OF ALL OTHER REMEDIES, shall be at our sole option (i) the replacement of the product and/or services delivered by us to you; provided, you shall return such product and/or services to us and pay for shipping and include proof of the date on which such product and/or service was delivered to you; or (ii) refund the amount paid by you to us. In no event shall our total liability to you for damages exceed the amount paid by you to us.

Indemnification
Client agrees to indemnify and hold Ascension Interactive Ministries harmless against any and all claims, demands, regulatory proceedings, and all damages, costs (including, without limitation, settlement costs), and expenses of any kind whatsoever (including, without limitation, reasonable attorney’s fees) directly or indirectly arising from or relating to our agreement or Ascension Interactive Ministries’ provision of products or services to you including, but not limited to, (i) client’s use or misuse of any product or service supplied by us or third parties through us approved by the Client or any materials or information supplied by the Client; (ii) any products, services or activities undertaken by Ascension Interactive Ministries on Client’s behalf; or (iii) the Client’s sale of its products and services or other operation of its business.

Third Parties
As the need arises, Ascension Interactive Ministries shall be authorized to enter into contracts with third parties as the Client’s agent to carry out the purposes of this agreement. Under no circumstances shall Ascension Interactive Ministries be responsible for any failure of third parties, such as printers, Internet/Web hosting services, suppliers or vendors, to properly execute their commitments.

Severability
In the event that any provision of this agreement shall be judged illegal or otherwise unenforceable, such provision shall be enforced to the maximum extent permitted by applicable law, and the balance of the agreement shall continue in full force and effect in accordance with its terms, provided that it is the intent of the parties that this agreement is not materially altered.

Assignment
Client will not assign any rights or delegate any duties under this agreement without the consent of Ascension Interactive Ministries. Client understands that Ascension Interactive Ministries may assign or otherwise subcontract some or all of the services to be provided pursuant to this agreement.

Governing Law and Venue; Statute of Limitations
This agreement shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the State of Wisconsin, excluding any that direct a choice of law other than expressly chosen by the parties, regardless of the place of execution or the place of performance. Resolution of any disputes under this agreement shall only be held and the parties consent to personal jurisdiction in the state and federal courts for Milwaukee, Wisconsin.

Any cause of action brought by you against us or any third party supplying products or services through us must be instituted with one (1) year after the cause of action arises or be deemed forever waived and barred.

Compliance with Laws
We make no representation that the products and services available through our site are appropriate or available for use in locations within or outside of the United States, and accessing them from states or territories where such products and services are illegal is prohibited. Those who choose to access this site and purchase products and services from Ascension Interactive Ministries do so on their own initiative and are responsible for use of all such products and/or services in compliance with all applicable U.S. federal, state and local laws and regulations and international laws and regulations.

Arbitration; Attorney’s Fees
Any controversy or claim arising out of or related to this agreement shall be submitted by either party to final and binding arbitration before one arbitrator in Milwaukee, Wisconsin, in accordance with the Commercial Rules of the American Arbitration Association then existing. Notwithstanding the provisions of this Agreement concerning arbitration, a party shall not be prevented from filing and prosecuting a suit in a court of competent jurisdiction solely for the purpose of obtaining equitable relief, including injunction. If any legal action is initiated by either of the parties hereto, the prevailing party shall be entitled to recover from the other party reasonable costs and attorney’s fees in addition to any other relief that may be awarded.

Entire Agreement, Modification and Waiver
This agreement merges all previous negotiations between the parties hereto, supersedes all prior agreements, if any, between the parties, and constitutes the entire agreement and understanding between the parties with respect to the subject matter of this agreement. Alteration, modification or change of this agreement shall be invalid except by written instrument in which any such alteration, modification or change is specifically designated and which is specifically acknowledged, agreed and executed by the party to be charged. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any right hereunder. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this agreement, or the waiver by any party of any breach of this agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.