Terms of Use
Welcome to https://ascendrasupplements.com/ (the “Site”), operated by Rosy Peaks LLC, doing business as Ascendra Supplements (“Ascendra,” “we,” “us,” or “our”).
Please read these Terms of Use (the “Terms”) carefully before using our Site or any of the services, features, content, applications, or products offered through it (collectively, the “Services”). By accessing or using any part of the Site or Services, you agree to be bound by these Terms.
Important Notice: These Terms include an arbitration agreement and class action waiver. This means you agree to resolve most disputes through binding arbitration, not in court, and you waive your right to participate in any class action. Arbitration is the mandatory and exclusive method for resolving disputes, unless stated otherwise or if you choose to opt out.
Acceptance of Terms of Use
By accessing or using this Site, or by purchasing any products, you agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms or the Privacy Policy, you must not access the Site or use any of its Services.
We may occasionally offer specific features or Services that are subject to additional terms and conditions. When applicable, those additional terms will also apply and are considered part of these Terms of Use.
These Terms apply to all users of the Site and Services, whether you are a registered user, guest, or otherwise.
Prohibited Uses
You may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer, sell, or create derivative works from the Site, Services, or any content without our prior written permission.
Additionally, you must not use the Services in any way that could harm Ascendra Supplements, Rosy Peaks LLC, or any third party. Prohibited uses include, but are not limited to:
- Damaging or interfering with the proper functioning of the Site or Services
- Accessing or intercepting content or information not intentionally made available to you, or attempting to bypass access controls
- Using any unauthorized interface to access the Services, including scraping or harvesting content, except when using a robot or crawler for legitimate search engine purposes (and only if not prohibited by us)
- Framing our Services, displaying our content alongside unauthorized logos or branding, or implying a false association with another party
- Making unauthorized health claims about our products or implying that we have made such claims
- Interfering with the operation of the Services, our business, or any third party
- Violating any local, state, federal, or international laws or regulations
- Sending unsolicited promotions, advertisements, “junk mail,” or similar marketing material without our prior written consent
- Engaging in behavior that restricts or inhibits others from using or enjoying the Services
We reserve the right to suspend or terminate your access to the Services, or any part of them, at any time and for any reason—including if we believe you have violated these Terms—without prior notice.
Eligibility
By using the Services, you represent and warrant that you are at least 18 years old. If you are under 18, you are not permitted to use the Services under any circumstances.
We reserve the right, at our sole discretion, to deny access to the Services to any individual or entity, and to change our eligibility criteria at any time.
You are responsible for ensuring that your use of the Services complies with all applicable laws, rules, and regulations. Access to the Services is not permitted where prohibited by law or where offering the Services would violate any applicable legal requirement.
The Services are provided for your personal use only and may not be used on behalf of or for the benefit of any third party.
Information Health Disclaimer
All content provided on this Site is for general informational purposes only and should not be considered medical, healthcare, or legal advice. It is not intended to diagnose, treat, cure, or prevent any medical or health condition.
The information on this Site is not a substitute for professional medical advice, diagnosis, or treatment. Always consult with a qualified healthcare provider, physician, or medical professional before using any product offered by Ascendra Supplements (“Products”).
Individual results may vary, and the effects of using Ascendra Supplements Products are not guaranteed.
Purchasing Items on the Website
All transactions made through this Site are subject to our approval at our sole discretion. We reserve the right to cancel or decline any order, whether or not it has been confirmed, for any reason or no reason at all, without liability to you or any third party.
If your payment has already been processed and we cancel or limit your order, we will refund the amount paid for any item not shipped, using the same payment method as the original transaction. Unless otherwise agreed, payment must be received before we accept an order.
By placing an order, you agree to these Terms of Use, along with any other applicable terms provided on the Site regarding specific products. You also agree to provide accurate, current, and complete information when making a purchase.
Ascendra Supplements reserves the right to change product specifications, pricing, or availability—on or off the Site—without prior notice and without any obligation to you. While we aim to provide accurate information, we reserve the right to correct any errors, inaccuracies, or omissions and to revoke any offer if necessary.
You are responsible for paying any applicable sales tax on your purchase.
We may—but are not required to—monitor, report, and take action against actual or suspected fraud. This may include requesting further verification (such as a phone call or additional information) before processing your order. We reserve the right to cancel, delay, refuse to ship, or recall any shipment if fraud is suspected.
We may share transaction records with law enforcement, payment processors, banks, or other relevant third parties for the investigation and prosecution of suspected fraud. We reserve the right to cooperate fully with these parties to the fullest extent of the law.
Subscription Program
Some products may be offered through subscription plans of varying durations. If you choose to purchase a product as part of a subscription, you will be enrolled in our subscription program. Your subscription will automatically renew at the end of each subscription period unless you make changes to your subscription or notify us that you wish to cancel.
At the time of each renewal, the applicable subscription fee will be automatically charged to the payment method you provided—or the most recent payment method on file—unless you cancel in advance. For details on recurring payments, please refer to the Payments and Billing section below.
To cancel your subscription, you must contact us at least three (3) business days before your next scheduled renewal date. You may cancel by:
- Emailing us at: [email protected]
- Calling us at: [REDACTED] (Mon–Fri: 8 AM – 5 PM PST)
Testimonial Consent and Release
Thank you for your willingness to share your experience with Ascendra Supplements products! Your testimonial may be used for promotional purposes on our website, social media channels, or in various print, electronic, or other advertising or informational materials.
In simple terms, this agreement confirms the following:
- You give Ascendra Supplements full permission to use your testimonial, name (or social media handle), and any logos or marks for promotional purposes.
- You confirm that you are authorized to provide this testimonial and grant this consent. If a third party brings a legal claim related to our use of your testimonial, Ascendra Supplements is not liable.
- This is your most current and legally binding testimonial, overriding any prior versions.
1. Consent, Release, and Waiver
By submitting your testimonial, you irrevocably grant Ascendra Supplements, its affiliates, subsidiaries, successors, and authorized representatives the following rights regarding all elements of your testimonial—including any text, names, likenesses, images, artwork, logos, trademarks, or social media handles (collectively, your “Testimonial”):
- A perpetual, non-exclusive license to use, reproduce, publish, or republish your Testimonial in any format for promotional purposes.
- All related copyrights and derivative rights associated with the content of your Testimonial.
You waive any right to review, modify, or approve how your Testimonial is used and agree that Ascendra Supplements owns the submitted content. You also agree not to bring any claim or action against Ascendra Supplements regarding the use of your Testimonial.
2. Representations
By submitting your Testimonial, you represent and warrant that:
- You have full authority to grant this consent and release;
- The use of your Testimonial does not infringe on any third party’s rights or give rise to any legal claim;
- You will be responsible for any legal costs or damages Ascendra Supplements incurs due to a third-party claim arising from your Testimonial.
You acknowledge that Ascendra Supplements has no obligation to publish your Testimonial, and if it is used, you will not receive any royalties or compensation.
3. Miscellaneous
This Consent and Release constitutes the entire agreement between you and Ascendra Supplements regarding your Testimonial and supersedes all previous oral or written communications. It may only be modified by a written agreement signed by both parties.
If any provision of this agreement is deemed invalid, the remaining provisions will continue in full force and effect.
This agreement is governed by the laws of the State of Washington. You consent to exclusive jurisdiction and venue in Delaware
Payments and Billing
Billing
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on our Services (your “Billing Account”) for the purchase and use of our Products and Services. The processing of payments is subject not only to this Agreement but also to the terms, conditions, and privacy policies of the Payment Processor. Ascendra Supplements is not responsible for errors or issues caused by the Payment Processor.
By choosing to use, subscribe to, or purchase Products from Ascendra Supplements, you agree to pay all applicable charges at the prices in effect at the time of the transaction, in accordance with the applicable payment terms. You authorize us, through the Payment Processor, to charge your selected payment method (“Payment Method”). You agree to keep your Payment Method valid and up to date.
We reserve the right to correct any billing errors, even after payment has been requested or received.
Recurring Billing
Some of our Services or Products may be offered as part of a recurring billing plan. This could include an initial one-time charge followed by recurring charges at intervals you select (e.g., monthly refills). By enrolling in a recurring payment plan, you acknowledge and accept the recurring nature of the billing and agree to be responsible for all charges incurred until your subscription is canceled.
All recurring payments are considered fully earned upon payment. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU WISH TO CANCEL OR UPDATE YOUR PAYMENT METHOD. Any changes or cancellations must be received in advance and confirmed by us in order to take effect.
To modify or cancel your subscription:
- Visit your account at ascendrasupplements.com
- Or contact us directly by email or phone (see contact info below)
Subscriptions cannot exceed a 12-month term. You may cancel at any time during that 12-month period.
Current Information Required
You must provide and maintain accurate, complete, and current billing information, including your billing address, credit card number, and expiration date. If your payment method is lost, stolen, or compromised, or if you suspect unauthorized use of your account credentials, you must notify us or the Payment Processor immediately.
Changes to your billing details can be made by logging into your account at ascendrasupplements.com.
If you fail to update this information, you agree that we may continue charging your selected Payment Method for any active subscriptions or services until you have canceled or updated your billing info.
Change in Amount Authorized
If the amount charged to your Billing Account changes (other than due to taxes or other legal changes), we will provide you advance notice of the new amount and the date it will be charged. You are entitled to this notice before the transaction occurs. Your agreement with your payment provider governs how your payment method can be used, and you acknowledge that we may aggregate charges and submit them together during or at the end of a billing cycle.
Reaffirmation of Authorization
Your continued use of our subscription services constitutes reaffirmation of your authorization for us to charge your Payment Method. We may continue to submit charges for payment, and you are responsible for those charges, even if we do not receive confirmation from your end. This does not limit our right to seek payment directly from you if necessary.
Termination
Ascendra Supplements reserves the right to terminate or suspend your access to all or any portion of the Services at any time, with or without cause, with or without prior notice, and effective immediately. Such termination may result in the deletion of your Account and the forfeiture of all data and information associated with your membership.
If you wish to terminate your Account, you may do so at any time by following the instructions provided on our website or within the Services.
Please note that all fees paid to Ascendra Supplements are non-refundable, regardless of account status or usage.
All provisions of these Terms of Use that, by their nature, should survive termination shall continue in effect after termination. This includes, but is not limited to:
- Ownership rights
- Warranty disclaimers
- Indemnity obligations
- Limitations of liability
Your License to Access and Use the Services and Ownership
The content, information, software, designs, materials, functions, and data included on or made available through the Services (collectively, the “Content”) are protected by intellectual property and other applicable laws. You must comply with all such laws and regulations when using the Services.
Unless otherwise stated, and subject to your strict compliance with these Terms of Use, Ascendra Supplements grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access and use the Services solely for:
- Personal, non-commercial purposes, or
- In connection with your authorized purchase or use of Ascendra Supplements’ products (“Products”).
Under this license, you may access, download, display, view, use, or print one (1) copy of the Content on a personal computer, mobile device, or other internet-enabled device, provided that you:
- Keep all copyright and proprietary notices intact,
- Do not modify or alter the Content in any way, and
- Do not use the Content in a way that implies an affiliation with, or endorsement by, Ascendra Supplements without prior written permission.
Prohibited Uses:
Any commercial use, mass distribution, re-mailing, scraping, or automated high-volume access to the Services is strictly prohibited.
Software Downloads
If the Services provide access to downloadable software, including mobile or desktop applications (collectively, “Software”), the Software is licensed—not sold—to you for personal, non-commercial use only. This license does not include any rights of ownership. Any accompanying terms or end-user license agreements provided with the Software will also govern its use and must be reviewed and accepted.
You agree not to:
- Reproduce, distribute, or commercially exploit the Software,
- Reverse-engineer, decompile, or disassemble the Software, or
- Attempt to convert the Software into human-readable form.
By installing or using any such Software or application provided through the Services, you consent to its download and use in accordance with these Terms and any additional terms presented with it.
Reservation of Rights
All rights not expressly granted to you in these Terms are reserved by Ascendra Supplements and its licensors. Unauthorized use of the Content or Services may violate copyright, trademark, and other laws and is grounds for immediate termination of your license and access.
.Your Content
By submitting, posting, uploading, publishing, transmitting, or otherwise sharing any content through the Site or Services—such as reviews, testimonials, feedback, suggestions, photos, messages, ideas, or any other materials (“Your Content”)—you grant Ascendra Supplements a perpetual, worldwide, non-exclusive, royalty-free, transferable, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, create derivative works from, sublicense, and otherwise exploit Your Content, in whole or in part, in any format or media now known or later developed, for any lawful purpose, including but not limited to marketing, advertising, and promotional uses.
You further agree to irrevocably and unconditionally waive all moral rights, rights of attribution, unfair competition claims, confidentiality rights, and any other similar rights or claims in and to Your Content, under any legal theory or jurisdiction.
At our request and expense, you agree to execute any documents necessary to confirm or perfect our rights in Your Content.
You acknowledge and agree that:
- Ascendra Supplements is under no obligation to use, display, or respond to any of Your Content.
- We are not required to maintain Your Content in confidence.
- We may remove or modify Your Content at any time, for any reason, without notice.
You represent and warrant that:
- You are the original creator and sole owner of Your Content.
- Your Content is accurate and not misleading.
- Your Content does not infringe upon or violate the rights of any third party, including intellectual property, privacy, or publicity rights.
- Your Content does not violate any applicable laws or regulations.
You are solely responsible for any content you submit. Ascendra Supplements reserves the exclusive right to manage, modify, or remove Your Content and to take legal action if deemed necessary.
Disclaimer of Warranties
The Site and Services are provided by Ascendra Supplements on an “as is” and “as available” basis. Your use of the Site is entirely at your own risk.
To the fullest extent permitted by applicable law, Ascendra Supplements disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We make no guarantees or representations that:
- The Site or Services will meet your specific requirements.
- Access to the Site will be continuous, secure, timely, or error-free.
- The results obtained from using the Site will be accurate or reliable.
- Any errors in the Site or Services will be corrected.
We do not warrant the accuracy, completeness, reliability, or usefulness of any information provided through the Site, and we assume no liability or responsibility for any:
- Errors or omissions in content,
- Technical issues or interruptions,
- Infringement or misuse of user data,
- Or damage caused by viruses, bugs, or other harmful components obtained while accessing or using the Site.
Any materials, downloads, or content you access through the Site are done at your own discretion and risk, and you are solely responsible for any damage to your device or loss of data that may result.
No oral or written advice or information obtained from Ascendra Supplements or through the Site shall create any warranty not expressly stated in these Terms.
Indemnification
You agree to defend, indemnify, and hold harmless Ascendra Supplements, its affiliates, and each of their respective officers, directors, employees, contractors, agents, suppliers, and representatives from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your access to or use of the Site, Services, or Content;
- Any violation of these Terms of Use by you or anyone using your account;
- Any infringement or misappropriation of intellectual property or other rights of a third party;
- Or any other misuse of the Services by you or someone using your identity or login credentials.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree to cooperate fully with our defense and assist in asserting any available legal defenses.
Dispute Resolution – Arbitration Agreement & Class Action Waiver
Please Read Carefully – This Affects Your Legal Rights
By using our Site or Services, you agree that any dispute, claim, or controversy between you and Ascendra Supplements—whether arising out of these Terms of Use, your relationship with us, your use of the Services, or issues related to privacy or publicity—will be resolved through binding individual arbitration, rather than in court.
This arbitration will be conducted under the American Arbitration Association’s Consumer Arbitration Rules. You expressly waive the right to a trial by jury and agree that arbitration is the exclusive means for resolving such disputes, except if you violate or threaten to violate our intellectual property rights—in which case we may seek injunctive or equitable relief in state or federal courts located in Washington State.
Arbitration is generally more limited in scope than court litigation, with narrower discovery and reduced appeal rights. However, you may also bring qualifying claims in your local small claims court, if permitted under its rules and within its jurisdiction, unless such claims are transferred, removed, or appealed to another court.
Class Action Waiver
You agree to bring claims only in your individual capacity. You waive any right to participate in:
- Class actions,
- Class-wide arbitration,
- Private attorney general actions,
- Or consolidated claims involving others.
This means you cannot act as a class representative or class member in any collective legal proceeding against Ascendra Supplements.
This arbitration agreement is governed by the Federal Arbitration Act, superseding any conflicting state laws.
If the American Arbitration Association cannot or will not schedule a hearing within 160 days of a case being filed, either party may request that arbitration be administered instead by JAMS (Judicial Arbitration and Mediation Services).
The arbitrator does not have authority to award damages or remedies that conflict with these Terms.
All claims or causes of action must be brought within one (1) year of arising, or they are permanently barred.
Severability
If the class action waiver or any part of it is found to be unenforceable, then the entire arbitration agreement becomes void. In such a case, disputes may be resolved in court.
This arbitration agreement shall survive the termination of your relationship with Ascendra Supplements.
Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Use shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Clark County, WA.
Modification
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Use constitutes acceptance of those changes.
Miscellaneous Terms
Entire Agreement & Severability
These Terms of Use represent the complete agreement between you and Ascendra Supplements regarding your access to and use of our Services and Site. They override all prior discussions, communications, or proposals—whether written, oral, or electronic.
If any portion of these Terms is deemed unenforceable or invalid, that portion will be modified or limited as necessary, so the rest of the agreement remains fully valid and enforceable.
Failure by either party to enforce any right or provision shall not be considered a waiver of that or any other right.
Force Majeure
We are not responsible for any failure to fulfill our obligations due to causes beyond our reasonable control, including but not limited to mechanical failures, power outages, internet disruptions, or natural disasters.
Assignment
These Terms apply personally to you. You may not transfer, assign, or sublicense any of your rights or obligations without prior written approval from us.
We may freely assign or transfer our rights and obligations under these Terms without notice or consent.
Coupon Codes
- Coupon codes have no cash value and cannot be redeemed for cash.
- Only one code may be used per order and may not be combined with other promotions.
- Unless otherwise stated, codes expire 90 days from the date they are issued.
- Unauthorized sale, reproduction, or modification of codes is strictly prohibited.
- Codes are void where restricted, taxed, or prohibited.
Ascendra Supplements reserves the right to change, limit, or cancel codes at any time, at our sole discretion.
Relationship of Parties
Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and Ascendra Supplements. Neither party has the authority to bind the other.
Notices
Unless otherwise stated in these Terms, all legal notices should be delivered in writing.
Accepted methods include:
- Personal delivery or certified mail (with return receipt),
- Electronic transmission (with confirmation),
- Recognized overnight delivery services.
For electronic notices, please email us at:
[email protected]
No Waiver
If we choose not to enforce a part of these Terms at any given time, that does not mean we waive our right to enforce it later.
A waiver is only valid if provided in writing by an authorized representative of Ascendra Supplements.
Headings
Headings in this document are included for convenience and do not affect the meaning or interpretation of the Terms.
