The following Terms and Conditions of use govern your participation in the text message service / SMS provided by The Ascendum Group LLC / Mark Rosen.
These Terms and Conditions incorporate the terms and conditions of use for nclife.us and contain an arbitration clause, a class action waiver, and other important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
How it Works: All new and existing subscribers to The Ascendum Group LLC / Mark Rosen’s text message service agree to receive recurring marketing text messages from The Ascendum Group LLC / Mark Rosen. After signing up / enrolling, you will be asked to reply to confirm your mobile phone number. Text messages are sent using automated technology to the mobile / wireless / cellular number that you use to subscribe. You do not have to sign up for this program in order to buy goods or services. Message and data rates may apply.
The Ascendum Group LLC / Mark Rosen provides its text message service on an “as-is” basis and the service may not be available in all areas at all times, and it may not continue to work in the event of product, software, coverage or other changes made by your wireless (cellular) carrier.
Participant Requirements: (1) have a mobile / wireless / cellular device of your own capable of 2-way messaging, (2) use a participating wireless (cellular) carrier, (3) be a wireless (cellular) service subscriber with text messaging service. Not all wireless (cellular) phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
By signing up to receive text messages from The Ascendum Group LLC / Mark Rosen, you acknowledge and agree that you are: (1) 18 years of age or older, (2) authorized to enroll the mobile phone number in The Ascendum Group LLC / Mark Rosen text messages program, and (3) authorized to incur any mobile message or data charges incurred as a result of your participation. Clicking to submit enrollment, or otherwise signing up for The Ascendum Group LLC / Mark Rosen text messages, affirms that you satisfy the criteria outlined above.
Participant Opt-Out: You may opt out of the program at any time. To opt out of future messages at any time, text STOP to (919) 355-9100, reply STOP to any text message, contact us via email at customerservice@nclife.us, or call (919) 355-9100.
Costs: You will be charged the standard text messaging fee by your wireless (cellular) carrier for each message you send or receive, in accordance with your cellular subscription agreement. Message and data rates may apply, depending on your cellular subscription agreement. You are responsible for all applicable costs and taxes. Consult your wireless (cellular) service provider regarding their pricing plans.
Participating Wireless (cellular) Carriers: Alltel, AT&T, Boost, MetroPCS, Sprint, T-Mobile, U.S Cellular, Verizon Wireless, and Virgin Mobile USA.
Privacy Policy: Please review The Ascendum Group LLC / Mark Rosen’s Privacy Policy. The Ascendum Group LLC / Mark Rosen’s text message service is subject to the data collection and other matters outlined in the Privacy Policy.
Terms & Conditions of Use for The Ascendum Group LLC / Mark Rosen: Please review the Terms & Conditions of Use for The Ascendum Group LLC / Mark Rosen’s. The Ascendum Group LLC / Mark Rosen’s text message service is subject to those Terms & Conditions, including the arbitration clause, the class action waiver, and other important provisions.
Release of Claims; No Warranties:
By participating in The Ascendum Group LLC / Mark Rosen text message service, you agree to release and hold harmless The Ascendum Group LLC / Mark Rosen’s SMS vendor, The Ascendum Group LLC / Mark Rosen’s, and participating wireless (cellular) carriers and their respective representatives, agents, successors, assigns, employees, officers, and directors (together, the “Released Parties”), from any and all liability, loss, harm, damage, injury, cost and expense whatsoever, including without limitation, property damage, personal injury and death, which may occur in connection with the service, and from any claims based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, and invasion of privacy. Released Parties are not responsible for any printing, typographical, mechanical, or other errors in associated promotional materials in connection with this service. Participating wireless (cellular) carriers and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives, and employees are not responsible for this service, and none of them will have any liability or responsibility for any claim arising in connection with participation in this service.
The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any offer furnished by third parties in connection with this service. Without limiting the generality of the foregoing, all services are provided “as is” without warranty of any kind, either express or implied, and the Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Released Parties are not responsible for the following: technical, hardware, software, electronic, network, telephone or other communications malfunctions; errors or failures of any kind; errors in transmission; traffic congestion, lost or unavailable network connections, telephone connections, wireless (cellular) phone connections; website, Internet, or ISP availability; unauthorized human intervention; incomplete or inaccurate capture of entry information (regardless of cause); failed (undelivered), incomplete, garbled, jumbled, or delayed transmissions; any other matter that may limit or restrict your ability to send a message; any injury or damage to your or any other person’s wireless (cellular) device relating to, or resulting from, participation in this service.
Note: These Terms and Conditions were updated in October 16th, 2023.
DISCLAIMER OF WARRANTY –
THE ASCENDUM GROUP LLC / MARK ROSEN IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH THE ASCENDUM GROUP LLC / MARK ROSEN BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, THE ASCENDUM GROUP LLC / MARK ROSEN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price and availability information is subject to change without notice.
DISCLAIMER OF LIABILITY IN NO EVENT SHALL THE ASCENDUM GROUP LLC / MARK ROSEN BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (COLLECTIVELY, “DAMAGES”), INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF THE ASCENDUM GROUP LLC / MARK ROSEN’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
In an effort to provide our customers with the most current information, The Ascendum Group LLC / Mark Rosen will, from time to time, make changes in the Contents and in the products or services described on this Site.
You agree to indemnify and hold The Ascendum Group LLC / Mark Rosen (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys’ fees, costs, expenses, or damages relating to defending such claims, arising out of or related to a breach of your representations and warranties set forth herein or your violation of any law or the rights of a third party.