Terms and Conditions

Last updated: April 25, 2026

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: California, United States

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Ascendyn, Inc., doing business as Ascendyn Advertising, 77935 Calle Tampico #101, La Quinta, CA 92253.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Website.

SMS means short message service, including text and multimedia messages sent to and from mobile phone numbers.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Ascendyn Advertising, accessible from https://directresponseadagency.com

Workshop refers to any educational session, seminar, training, or workshop offered or promoted through the Service, including the Predictable Leads Workshop and any other educational programming provided by the Company.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

SMS Communications

By providing Your mobile phone number and checking the SMS consent box on Our forms, You consent to receive transactional text messages from Ascendyn Advertising as described in Our Privacy Policy. These messages may include workshop registration confirmations and reminders, agency client onboarding and project updates, meeting confirmations, and follow-up communications tied to an existing inquiry, scheduled workshop, or active engagement.

Message frequency varies. Message and data rates may apply. Reply HELP for help or STOP to opt out at any time.

Mobile phone numbers and SMS consent are not shared with third parties for marketing or promotional purposes. For full details on Our SMS practices, please refer to the SMS / Text Messaging Communications section of Our Privacy Policy.

Accuracy of Information

You agree to provide accurate, current, and complete information when submitting forms, registering for workshops, or otherwise contacting Us. You are responsible for maintaining the accuracy of any information You provide and for promptly updating Us if Your information changes.

User Conduct

You agree not to:

•          Use the Service for any unlawful purpose

•          Submit false, misleading, or fraudulent information

•          Interfere with the operation, security, or integrity of the Service

•          Attempt to gain unauthorized access to any part of the Service or related systems

•          Use automated tools (bots, scrapers, crawlers) to access the Service without Our written permission

•          Send spam or unsolicited communications through any contact channel

•          Reproduce, copy, or exploit any portion of the Service for commercial purposes without Our express written consent

Intellectual Property

All content on the Service — including text, images, logos, photographs, graphics, video, audio, design, workshop materials, frameworks, methodologies, and educational content — is the property of Ascendyn, Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, distribute, sell, license, or create derivative works from any content on the Service without Our prior written permission.

The “Ascendyn,” “Ascendyn Advertising,” and “Direct Response Education” names, logos, and any related trademarks are owned by Us. You may not use them without Our prior written consent.

Workshop attendees are granted a limited, personal, non-transferable, non-commercial license to use materials provided during the Workshop solely for their own internal business or educational purposes. Workshop materials, frameworks, and methodologies may not be redistributed, republished, or resold.

Workshops and Educational Content

The Company offers free educational workshops through Direct Response Education and related programming. By registering for a Workshop, You agree to the following:

•          Educational purpose only: Workshops are educational and informational. They are not professional advice, financial advice, legal advice, or guarantees of any specific business outcome.

•          No income or results guarantees: Any examples, case studies, testimonials, or results shared in the Workshop or on the Service are illustrative only. Individual results vary based on numerous factors including effort, market conditions, business model, capital, and execution. The Company does not guarantee any specific level of leads, sales, revenue, return on advertising spend, or business outcome.

•          Attendance: You agree to attend at the scheduled time. Repeated no-shows or rescheduling may result in declining future Workshop registrations.

•          Recording: Workshops may be recorded for quality, training, and educational purposes. By attending, You consent to such recording.

•          No professional advisory relationship: Attendance at a Workshop does not create an attorney-client, fiduciary, or other professional advisory relationship between You and the Company.

Advertising and Agency Services

Information about Our advertising agency services on the Service is for general informational purposes. Any pricing, scope, deliverables, or timeline information shared on the Service or in initial conversations is preliminary and subject to change based on a final scope of work and signed agreement.

A separate written agreement will govern any advertising or agency services provided by the Company. Submission of a form on the Service does not constitute a binding agreement for services.

The Company makes no guarantees regarding specific advertising outcomes, lead volume, cost-per-lead, conversion rates, return on ad spend, or revenue. Advertising performance depends on many factors outside the Company’s control, including but not limited to platform algorithm changes, market conditions, competition, the client’s offer, sales process, fulfillment, and the client’s business operations.

Testimonials

Testimonials, case studies, and success stories displayed on the Service represent individual experiences and are not typical results. Past performance does not guarantee future results. We do not pay for testimonials, but testimonial providers may have an existing or past business relationship with Us.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Indemnification

You agree to defend, indemnify, and hold harmless Ascendyn, Inc., its owners, officers, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) Your use of the Service, (b) Your violation of these Terms, (c) Your violation of any rights of a third party, (d) any false or misleading information You submit through the Service, or (e) Your application or implementation of any educational content provided through Our Workshops.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

This limitation does not apply to any separate signed advertising or agency services agreement, which is governed by its own terms.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Information about advertising, lead generation, marketing strategy, or business outcomes provided through the Service or any Workshop is general in nature and is not professional, financial, legal, or business advice. Actual business results depend on numerous factors specific to Your business, market, and execution, and cannot be guaranteed.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at [email protected]. If We cannot resolve the dispute within 30 days, either party may pursue formal legal remedies in the state or federal courts located in Riverside County, California.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

•          By email: [email protected]

•          By phone number: (760) 537-3457

•          By mail: Ascendyn, Inc., 77935 Calle Tampico #101, La Quinta, CA 92253